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.”.

Pension Protection ActPrivate Members' Business

November 22nd, 2022 / 6:05 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the point I was trying to make on this is that Canadians from coast to coast to coast invest the most valuable resource we all have, which is time and commitment. When it comes to the work environment, that sacrifice is often made because of the benefits or contributions that are being made toward things like a pension.

I do not think there is anyone in the House who would try to devalue or take away from the importance of pensions. We have, virtually since forming government back in 2015, in many ways taken a look at how we can support Canadians with respect to pensions. It is one of the reasons one of the first actions we took was to reduce the age of eligibility from 67 to 65 for people to collect the OAS. It is one of the reasons we had discussions with all the different stakeholders, specifically our provinces, to deal with the issue of CPP contributions. Unlike the Conservative Party, we see CPP contributions as a pension, for deferring income to once a person retires.

Much like the defined pension plans we are talking about within this legislation, there is an expectation, and that expectation will be met through CPP contributions. When people in the private sector are contributing toward a pension, there is an obligation for the private sector to contribute to that pension, so that after a person has worked a number of years or however long it might be, they will be entitled to receive those benefits. It is a contract, an agreement of faith in which there is a responsibility for private sector pension plans, defined or not, to be able to maintain that commitment. The unfortunate reality of economics and, I would suggest, poor management by different private sector companies, have led to that contract being violated.

The leader of the Conservative Party made reference to Nortel. Nortel is a good way to amplify the issue, and I think that is why there is a great deal of sympathy toward it. We all agree that we should be doing what we can to increase the protection of these pensions. In Nortel's situation, so much money was lost because the corporation did not do its part in terms of maintaining its contributions to a fund when ultimately the company disappeared. The people who were hurt were the workers.

I like to think that over the years, as a parliamentarian, I have been a very strong advocate for workers. Virtually from day one, back in 1988, when I debated late into the evenings on the issue of final offer selection, from that point to walking picket lines to understanding the importance of advocating for workers and always doing what is in their best interest, that is something I have strived for as a parliamentarian. That is why, when we formed government, I was very pleased with some of the first pieces of legislation we brought forward. They were to protect the workers, albeit through the unions. Bill C-4, for example, repealed two pieces of private members' legislation, and it was good that it did.

We can talk about other commitments that have been made even within this debate with regard to the fall economic statement, where we have the labour mobility tax deduction. We have had a great deal of discussion lately with respect to the whole idea of banning replacement workers in strike or lockout situations, and there is a great expectation from me and others that we will be able to move forward on that file.

We have brought in legislation that has passed on pay equity. As the member will know, when we bring in legislation, especially labour legislation, it is critical that an appropriate amount of consultation has been done. I was interested in listening to the leader of the official opposition when he focused his entire discussion on the pension issue. I respect that because that is what the legislation dealt with, virtually from first reading coming into this, so that, when we had the draw, members had the opportunity to look into it and start doing the things they needed to do to feel comfortable voting on the legislation.

Because the member was effective at working with some of her colleagues, she was even able to get it advanced. I applaud her on taking the initiative to make that happen. To me, it shows her genuine attitude in recognizing, first and foremost, that there is a serious and fundamental problem. There is no one inside the House who would not appreciate this, when we get private sector companies operating in bad faith and not financially supporting those pension funds to the degree they should be supported so that, in the case of a collapse, those funds are not there.

I really look forward to tomorrow when we are going to have the vote on the legislation. Based on the comments I hear, I am anticipating that, in all likelihood, the legislation will be passed. I have not personally made my decision on it, but I can say that I am exceptionally sensitive to the needs of pensions. We in Parliament, and politicians, have a fairly good pension and it is guaranteed. We sacrifice a great deal, but no more than what the factory worker puts on the floor. I want the benefits to which the factory worker is entitled to be realized, as I want the pension of the member herself to ultimately be realized.

The issue of pensions is something that, the older we get, the more we want to focus on. From discussions I have had, I think the government needs to move toward ensuring that our way of life is enhanced as much as possible as we grow older. That is why I support many of the measures that we have taken. I am very much intrigued by what is being proposed before us, and I look forward to the actual vote tomorrow.

Pension Protection ActPrivate Members' Business

November 18th, 2022 / 2:10 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Madam Speaker, I am quite pleased to be rising in debate on third reading of Bill C-228. There have been many attempts in the past to try to secure pension protection for workers when their companies go bankrupt. I believe this is the furthest we have come so far, and that has been the result of some good cross-party collaboration, which is often what it takes to be able to accomplish things for workers in this place.

I want to thank the member for Sarnia—Lambton for her collaborative and conciliatory attitude in trying to move her bill forward.

I would also like to thank the member for Manicouagan for her work on this matter and for her co-operation during the negotiations.

I also want to recognize the work of one of my former colleagues, Scott Duvall, who did a lot of work on this subject over two Parliaments and essentially developed the private member's bill that I was honoured to present in this Parliament on the very same issue.

This bill is an interesting case study, if we look at the process it has been through, of how difficult it can be to achieve things for the working people of Canada.

There always seem to be roadblocks and hiccups, and we do not see those same kinds of roadblocks usually put up when the government is trying to do something for corporate Canada. Those things tend to run pretty smoothly. Sometimes New Democrats try to slow it down, but we have only so many seats in this place. That is up to Canadians. That is why we are always working hard to elect more New Democrats so that we have more of an ability to ensure that corporate Canada does not have the run of this place.

In order to get something done for workers, it usually takes some kind of coming together of many disparate things in the right order, at the right time and in the right place. That is pretty hard to do.

We saw that, just the other day, with the member for Winnipeg North. There was some agreement not only to protect the pensions of workers when their companies go bankrupt, but also to go above and beyond and to really do the right thing.

We saw this in the case of Sears workers as well. It was not just their pensions that they lost, but there was a lot of controversy over their severance and termination pay at that time, millions of dollars.

We now have a Parliament that was prepared to do that for working people. Instead, with some procedural fig leaves, we saw the member for Winnipeg North get up and exclude what I take to be a really important part of the bill as it came out, amended, from committee, without actually speaking to the substantive issue.

We just heard from another Liberal MP on this, who did not address the issue of termination and severance pay and why the government was so keen to remove that from the bill.

I think that they owe workers an explanation on the substance of the matter, not on the parliamentary procedure but on why it was that, when there was just about a parliamentary consensus, and if it were not for the Liberals there would have been a parliamentary consensus on the fact that it makes sense to protect the termination and severance pay of workers, why they blew that up, instead of seeing it for the opportunity that it was to do right by workers and to have a gold standard when it comes to protecting them in the case of bankruptcy.

As I said, it is hard to accomplish things for workers in this place. I know because I am part of a caucus that works relentlessly to try to do that.

The Liberals ran on a promise to do better when it came to bargaining collectively with our public servants. In fact, the Prime Minister wrote them all a very nice note when he first got elected, and said that things were going to change, that it was not going to be like it was under the Harper years, when those guys would go for years without a collective agreement.

I met just last week with representatives of a public sector union who represent the thousands of people in Elmwood—Transcona who work at the tax centre. What are they telling us? They have been a year without a contract. The government will not make a wage offer. They are having to go to some kind of mediation because they cannot get the government bargaining in good faith. We see that far too often.

Frankly, when Conservatives have been in government, we have seen that lack of good faith and difficulty in getting contracts for public servants too. That is part of why it is very difficult to get things done for workers in this place.

In the previous government, we saw Bill C-525 and Bill C-377. Folks in the labour movement will remember those bills because they made it easy to decertify a union. They made it harder to certify a union, and they would have required unions to inappropriately disclose their financial position, which matters if one is thinking about a strike, for instance, in order to make the case for better wages and working conditions.

If the employer knows how much is in a strike fund, it is very easy for them to develop a strategy to exhaust the strike, so that was something that was not good, and the Liberals promised to get rid of it. They did, finally. It took a long time after they came to power for Bill C-4 in the 42nd Parliament to pass. I remember encouraging them to do it a lot more quickly. It did not take a lot of time for them to try to pass a deferred prosecution agreement arrangement when SNC-Lavalin came knocking and said that was something it wanted. That appeared quickly in a budget bill, and all of a sudden it was getting done, when it took a year for the legislation to repeal Bill C-525 and Bill C-377.

We have also seen Liberals and Conservatives stand up in this place over the course of many Parliaments now to legislate workers back to work, because God forbid workers get too uppity. They had to shut that down and make sure they were back at work, doing what they were told and working for the wages the government put in legislation.

The Liberals talked for a long time about anti-scab legislation, but until it was put in a confidence and supply agreement it was very hard to have any confidence they would do it, and they still were not going to do it the right way until the NDP said very clearly that anti-scab legislation should not apply just when there is a lockout, but also when there is a strike. We know the Conservatives are not supportive of anti-scab legislation, and that is why it is hard to get things done around here for workers.

Even for 10 paid sick days during the pandemic, we had to argue again and again that it ought to be done. We are told that next month it should finally be in place. We have had to wait a good long time. Do members know who did not have to wait? It was big companies at the beginning of the pandemic, when big banks and others got access to liquidity very quickly, because the government was concerned about them. We have seen that when the government is concerned, it is able to act quickly, and we often see long delays when it comes to doing the right thing by workers.

I am sick of it, and that is why this has been a very hopeful process, working with the member for Sarnia—Lambton and the member for Manicouagan, because something has been coming together here that is a good thing for workers and that we have been working to institute for a long time.

Not only was it going to be just the next little step, but it was going to be the gold standard. We see again that in this institution there are so many ways to pick off victories for workers, sometimes when we least expect it and sometimes for reasons that appear to have nothing to do with the substance but actually have everything to do with the substance in the bill, because we saw the parliamentary secretary for industry come to the finance committee and sing some kind of big tale and sad song from the financial industry about how hard it was going to be on them and how nobody was ever going to have any access to credit or anything like this. That was right out of the mouth of industry through the mouth of the parliamentary secretary.

These are all arguments that have been considered in the past. Parliament has studied this issue many times before. There was no new information in that. The fact remains that when we have a bankruptcy in this country, it is workers who are left holding the bag. It is wrong, and it should change. When we look at the percentage of businesses that go bankrupt and then the percentage of those that actually have defined benefit pension plans, the fact of the matter is that we are talking about a very small percentage of any one financial institution's portfolio. They can surely bear that risk and carry that load.

Most businesses they invest in succeed. We know that, and that is why we can say with confidence that this is something we can do to protect the pensions of Canadian workers. I wish I were saying we could protect the severance and termination pay also, because we know the big banks and financial institutions are going to get along just fine. The people we should be concerned about in this place are the people who work for 20 or 30 years and do not get a second chance to have a retirement nest egg.

They depend on that, and they went to work on that understanding, and when something goes wrong that is far beyond their decision-making or control, they need to know that the future they worked for is in place for them, so I am very glad we will be doing that with their pension. I am angry we are not doing that for termination and severance pay because the Liberals decided to go for sneaky tricks instead of a straight-up vote on the issue in this Parliament, and I look forward to working with other members of this place to see if folks in the other place, the Senate, will have the good sense to do what we should have done here.

Concurrence in Vote 1—Department of JusticeMain Estimates, 2022-23Government Orders

June 7th, 2022 / 9:05 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I should let you know that I will be sharing my time with my colleague from Kamloops—Thompson—Cariboo.

I want to start by congratulating my colleague from Kings—Hants on his French. He delivered half his speech in French earlier, and it was really impressive. I want to congratulate him and encourage all my colleagues to learn the second official language. By “second official language”, I do not mean that French is the second official language, but it is the second language of an English speaker. In my case, English is my country's second official language. I just wanted to make that clear.

We are here to talk about budget items and votes for various departments, including Justice Canada. As we all know, my colleague from Fundy Royal moved a motion about that department. As a result, we are talking about judicial processes, the administration of justice in Canada, the Supreme Court of Canada and decisions that affect everyone.

More specifically, I want to talk about a decision handed down a few weeks ago that had broad repercussions across the country, especially in the region where I am from, Quebec City. The Supreme Court of Canada struck down a law on consecutive sentencing that had been duly passed by this Parliament in 2011 and had been in force until the Supreme Court's ruling.

This decision is in connection with the Quebec City mosque tragedy that occurred on January 29, 2017. I will recap those sad events. Anyone who was directly or indirectly affected by this incident remembers exactly where they were when they heard the news. People were gathered at the mosque, united by their faith, their charity and the communion of spirit, when a crazed gunman, a nameless criminal, walked in and emptied his gun, killing six men at that mosque. Our thoughts are with the 19 injured worshippers who survived, and with the loved ones of the six people who lost their lives.

At the end of the trial, the Hon. François Huot, the trial judge, handed down a 40-year sentence, which might have surprised some people. As I was saying earlier, a law had been passed by Parliament allowing for cumulative sentences. A criminal who killed three people would be sentenced to three times 25 years.

I want to say that this is a Canadian law. All too often, I have heard people refer to it as a Conservative law. This law was passed by a Conservative government, but it was kept in place by the current government. To be more specific, the 2011 law was applied up until 2015 by the Conservative government, for more than three and a half years. However, this law remained in force from 2015 until the recent ruling by the Supreme Court of Canada, which is almost seven years. Therefore, this law was accepted and applied by the current Liberal government for almost twice as long as the previous Conservative government.

I wanted to clarify that because, as I was drafting this speech, I came across articles that described the law as a relic of the Harper era, as though that were a bad thing. God knows Canada sure had some good years when the Conservative government was running the country.

If the Liberals hated the law so much, all they had to do was set it aside and repeal it, just as they did in other cases. In fact, during this government's first months in power, the Hon. Rona Ambrose, our leader at the time, gave me the tremendous responsibility of being our party's labour critic. In that capacity, I spoke to Bill C‑4, which repealed two laws governing transparency and democracy in unions, laws that had been passed under the previous Conservative government. The duly elected Liberal government had made a campaign promise to repeal those two laws. Having won a majority, it introduced a bill and repealed them. However, the Liberal government chose to maintain the consecutive sentencing law that is still attributed to the Harper era.

Let us get back to the sequence of events. Justice François Huot pronounces a final guilty verdict and imposes a prison sentence of 40 years, in other words, 25 years plus 15 years. He rewrites Canada's cumulative sentencing law as he sees fit, noting that he was uncomfortable with the “25 years plus 25 years plus 25 years” approach. He says himself in his ruling that he adapted the law as he saw fit and imposed a sentence of 40 years. It was a fairly extensive document, 246 pages long. He also examined the case law in more than 195 countries.

The Court of Appeal was asked to review that ruling. It struck it down. The three judges found that this was a bad piece of legislation, that it was unconstitutional. In the end, the Supreme Court ruled against this law, saying that it was totally unfair, unconstitutional and ultimately—and I am paraphrasing here—had no place in the Canadian judicial process.

One can disagree with a law, even a law that has been upheld by the Liberal government. However, there is a reality when it comes to crime, when it comes to murder, or what we call mass murder. I dislike that expression, but there is no doubt what it means: a compulsive killer emptying a gun on innocent victims. We have seen it too many times in our country. Once is one time too many. Having been through the mosque attack—I knew some of the people—I say we must think of the victims. This is about more than just the court case, the robes and the Supreme Court. It is about more than the legal process and the courts. We are talking about men and women who are suffering.

I would like to read an article by Dominique Lelièvre that was published in the Journal de Québec on Friday, May 27, just a few hours after the Supreme Court decision. The author quotes survivors and victims' loved ones:

Orphans of the Sainte-Foy mosque may pass their father's killer on the streets of Quebec City 20 years from now, laments the Muslim community, which is disappointed in the Supreme Court's decision....

“In our opinion, this ruling does not consider the magnitude of the atrocity and the scourge of mass killings proliferating in North America, nor does it recognize the hateful, Islamophobic and racist nature of the crime,” said Mohamed Labidi, president of the organization [the CCIQ], at the mosque on Sainte-Foy Road where six worshippers were brutally gunned down in January 2017.

“Although we are disappointed in this decision by the highest court in the land, it does enable us to close this legal chapter. Now we want to focus on the future.”

What troubles the survivors and the victims' loved ones most is that the children of these victims might one day encounter the murderer.

“That is the biggest fear of the victims' families. The Parole Board might delay his release and take this into account, but that's our real fear, that the orphans who will become men and women will come face to face with their father's killer when he is free,” said Mr. Labidi. He vowed to stand by these children when the time comes....

When contacted by Le Journal, Aymen Derbali, a father who was left severely disabled after miraculously surviving being shot seven times during the attack, said that he “respects” the court's decision, although he was “very disappointed” in the ruling.

“What worries me as a citizen is that this encourages future criminals to commit mass murder, since the sentence would be the same,” he said.

All the same, this decision was the culmination of a long saga that will help him close this painful chapter of his life. He wants to dedicate all of his energy to his family, to his children's future and to his humanitarian aid projects.

“I'm turning the page. I started this process a little while ago, but with this decision... Finally, there was a decision. The law will be enforced the same way across Canada,” he said with a sigh.

...

Boufeldja Benabdallah, the co-founder of the CCIQ, suggested that the court did not sufficiently account for the pain experienced by the victims' loved ones, compared to the offender's right to rehabilitation.

“The Supreme Court made a purely legal observation that, in our opinion, did not take into account the humanity of these families. It took into account the humanity of a murderer who will have to be rehabilitated later on.... Today, it feels like the balance has been upset,” he said.

Now that all the legal appeals have been exhausted, he says that he wants to do something worthwhile by continuing to advocate for communal harmony, which he says has grown immensely in the past five years, like a healing balm on the scars of the tragedy.

People did not just come the day after the attack but reached out to us over the past five years, and we too made the effort to reach out to them.

LabourOral Questions

June 8th, 2021 / 2:40 p.m.


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Hamilton West—Ancaster—Dundas Ontario

Liberal

Filomena Tassi LiberalMinister of Labour

Mr. Speaker, as I have said, this matter falls under provincial jurisdiction, but let me share with members what we have done as a government in order to support unions and workers from the time we were elected.

In 2015, one of the first measures we implemented was Bill C-4, which repealed Bill C-525 and Bill C-377, which were actually anti-union pieces of legislation. We have been there for workers. Members can look at the enhancements we have made under the Labour Code, such as increasing leaves and creating new leaves. We have been there, and we will continue to be there for workers every step of the way.

Proceedings on a Bill Entitled An Act to Provide for the Resumption and Continuation of Operations at the Port of MontrealGovernment Orders

April 27th, 2021 / 3:20 p.m.


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Hamilton West—Ancaster—Dundas Ontario

Liberal

Filomena Tassi LiberalMinister of Labour

moved:

That, notwithstanding any standing order, special order or usual practice of the House, a bill in the name of the Minister of Labour, entitled An Act to provide for the resumption and continuation of operations at the Port of Montreal, be disposed of as follows:

(a) the bill be ordered for consideration at the second reading stage immediately after the adoption of this order;

(b) when the House begins debate at the second reading stage of the bill, two members of each recognized party and a member of the Green Party may each speak at the said stage for not more than 20 minutes, followed by 10 minutes for questions and comments, provided that members may be permitted to split their time with another member;

(c) at the conclusion of the time provided for the debate at the second reading stage or when no member rises to speak, whichever is earlier, all questions necessary to dispose of the second reading stage of the bill shall be put without further debate or amendment, provided that, if a recorded division is requested, it shall not be deferred;

(d) if the bill is adopted at the second reading stage, it shall be deemed referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage, and deemed read a third time and passed;

(e) during consideration of the bill, the House shall not adjourn, except pursuant to a motion moved by a minister of the Crown;

(f) no motion to adjourn the debate may be moved except by a minister of the Crown; and

(g) upon completion of proceedings on the said bill, the House shall adjourn to the next sitting day.

Mr. Speaker, I would like to begin by acknowledging that I am joining members from the traditional territory of the Haudenosaunee and Anishinabe people covered by the Dish With One Spoon wampum agreement.

I am here today to talk about our intention to take action to end the labour dispute between the Syndicat des débardeurs, also known as CUPE Local 375, and the Maritime Employers Association, or the MEA.

My maiden speech in the House of Commons discussed a proud history of the labour movement in Hamilton and Canada. I spoke to how our government was passing a bill, Bill C-4, that replaced the previous government's anti-labour bills: Bill C-535 and Bill C-377.

I have been a staunch supporter of the labour movement that has done so much for my home town and for Canada. I grew up in a community that was driven by labour values. Those values are what drive me today: hard work, fairness, safety and healthy and inclusive workplaces.

I want to be clear that neither I nor the government wanted the situation to come to this point. This legislation was always our least-favoured option. Our government believes in the collective bargaining process. The parties have been at the bargaining table for two and a half years. For over two and a half years, we have supported the parties throughout the collective bargaining process in the hope of them arriving at a negotiated agreement.

The Port of Montreal is essential for the economic prosperity of Canadians across the country, especially Quebeckers and the people of eastern Canada. We believe that the government has no choice but to take action.

Let me be clear. The government will continue to support the parties and strongly encourages them to reach an agreement as soon as possible. Let me provide some context.

The Port of Montreal is the second-largest container port in Canada. Every year it handles over 1.6 million 20-foot equivalent units and 35 million tonnes of cargo, representing approximately $40 billion in goods. It is also a major link in the various Canadian and American supply chains for raw materials and consumer goods.

The work stoppage we are seeing right now is causing harm. It has the potential to cause severe, immediate and lasting damage to the economies of Montreal, the province of Quebec and Canada. This work stoppage affects more than 19,000 direct and indirect jobs associated with transit through the Port of Montreal, including in the rail and trucking industry. In fact, it would affect the jobs of up to 250,000 employees in Montreal and 273,000 workers in Ontario employed in the production of shipping container products. Shippers that have been forced to reroute to other ports may not return immediately. They may not even return in the long term, meaning that the negative impacts on Montreal, Quebec and all of Canada could last longer as the work stoppage continues.

The Port of Montreal is a major link in many Canadian and American supply chains of raw materials and consumer goods. These goods are fundamental to the manufacturing, agriculture and health industries, among many others. Vital PPE arrives via the Port of Montreal. Important goods to various manufacturing industries do as well.

The August 2020 strike had a disruptive and protracted effect on the east coast transportation system. More than 21 ships were diverted to other ports, including Halifax and Saint John, leading to congestion, longer transit times and additional costs for shippers. The current work stoppage is leading to similar rerouting to other ports, including in the U.S. This is having a strong negative economic impact.

Earlier this year, long before the strike action took place, we heard from stakeholders such as the Shipping Federation of Canada, which stated:

The mere threat of a work stoppage by longshore workers at the Port of Montreal is forcing North American importers and exporters to divert large volumes of international cargo away from the port and is already causing havoc to supply chains...

At that time, the Montreal Port Authority also confirmed that some of its clients had pre-emptively diverted container goods to other ports. Of course, it is important to point out that we are in the midst of the pandemic and COVID-19 has exacerbated this situation.

If these diversions to American ports become permanent, they could have long-lasting negative effects on the integrated transportation and logistics network around the Port of Montreal. A direct effect would be lower demand for rail and trucking services in Canada that support the movement of cargo between Canada and the United States. We also know that production and manufacturing in natural resource sectors, such as forestry, were seriously impacted during the strike last summer. These sectors are once again seeing major impacts to their supply chains with this latest action.

For example, the Prince Edward Island Federation of Agriculture has said that seed, fertilizer, crop protection and other important inputs arrive at the port destined for farms across the region that need them to successfully get their crops in the ground.

Small businesses that rely on the Port of Montreal for supplies will be especially hard pressed to absorb the extra costs associated with the work stoppage if it is left to continue for a long period. Many of these smaller businesses cannot afford high-cost alternatives, such as expediting cargo through busy ports along the east coast of the U.S. at the last minute. They often cannot afford to pay workers while their businesses remain idle as they wait for operations at the Port of Montreal to return to normal.

All of this comes at a precarious moment in Canada's economic recovery from the ongoing pandemic. Supply chains have been disrupted for over a year now. Industries are working very hard to recover from and manage these complexities. These industries employ workers who are not just numbers: They are people who depend on their jobs to take care of themselves and their families and all those who depend on them. For businesses in central and eastern Canada, this second major work stoppage at one of the main gateways to international suppliers and markets is a serious blow in the already challenging COVID-19 environment.

The impact on our economy of these disruptions to supply chains will be devastating. Ensuring the uninterrupted flow of commodities and goods to and from international and domestic markets through the Port of Montreal is essential to the economic well-being of Canadians across the country, particularly now as we enter a period of economic recovery from the COVID-19 pandemic.

The Government of Canada has provided significant assistance to the parties. Over the last two and a half years, a federal government mediator has supported over 100 bargaining sessions. Despite our best efforts and this support, there is no agreement in sight as the parties remain unable to find common ground. This has now resulted in yet another disruption at the port with very real consequences for multiple industries that depend on access to international markets.

Our government firmly believes that the best deals are reached at the bargaining table. However, intervention is sometimes necessary when the parties are at a significant and long-standing impasse, particularly when a work stoppage is causing significant harm to Canadians. We cannot allow the situation we saw in August 2020 to repeat itself, particularly in the midst of this pandemic. If the current stoppage continues, serious accumulated and negative impacts will continue to be felt all over Canada.

Canadians are counting on us to help the parties resolve their differences as quickly as possible to avoid a worsening of the situation. Stakeholders are counting on us as well, many of whom have already reached out directly to urge the government to do everything in its power to protect the economy, workers' jobs and the well-being of Canadians. As I mentioned earlier, the government will continue to support the parties in their negotiations, and it strongly encourages them to reach an agreement as soon as possible. We take the use of this legislation very seriously. It is our least-favoured option. I very strongly encourage the parties to reach a deal as soon as possible before this legislation is passed. The parties are at the table now. I hope the message continues to be heard loud and clear, but we cannot afford to wait.

We are committed to free and collective bargaining, and we believe in the collective bargaining process. Negotiated agreements are always the best solution. The parties began this round of collective bargaining in September 2018, and the Federal Mediation and Conciliation Service has been involved since October 2018.

In the last two and a half years, the parties have met over 100 times. This is a significant investment on the part of the government and clearly demonstrates our commitment to the process. The existing collective bargaining agreement expired on December 31, 2018. The agreement covers all approximately 1,100 workers employed by the member companies of the MEA engaged in the loading and unloading of vessels, and other related work at the Port of Montreal.

On October 11, 2018, the government appointed a conciliation officer from the federal mediation and conciliation service. On December 11, we appointed two mediators to attempt to help the parties resolve their differences and reach an agreement that worked for everyone. On February 4, 2021, I added two senior mediators to this file to assist the parties in their negotiations.

The Canada Industrial Relations Board has also been involved in this dispute.

On October 23, the MEA filed an application with the Canada Industrial Relations Board to determine which activities would need to be maintained in the event of a work stoppage at the port to prevent an immediate and serious danger to the safety or health of the public. Neither party could initiate a work stoppage until the CIRB decided on the matter.

The proceedings before the CIRB and related litigation in federal court lasted over a year. During this time, the parties continued to bargain with the help of the federal mediators, holding 40 bargaining sessions between December 11, 2018 and June 8, 2020, the date the CIRB decision was rendered.

Ultimately the CIRB found that the parties did not need to maintain any activities in the event of the work stoppage beyond their statutory obligation under the Canada Labour Code to continue service for grain vessels. However, the CIRB did acknowledge the union's commitment to continuing servicing two vessels that supplied Newfoundland and Labrador. The parties were legally entitled to begin a strike or lockout as of the date of the decision, provided they gave the 72-hour notice.

Less than a month after the CIRB decision was released, with the support of 99% of its membership, the union commenced a partial strike on July 2, 2020. Four work stoppages followed that summer, each one increasing in duration and impact, ending an unlimited strike that started on August 10, 2020. There was also increasing tension around the port on August 13, 2020. Eight people were arrested and charged with intimidation, mischief and assault, following a confrontation between union members and managers who were brought in as replacement workers.

Eleven days later, on August 21, 2020, the parties agreed to a seven-month truce, during the period of which they would keep bargaining and assume all port activities. That truce ended on March 21, 2021.

Throughout these events, the parties have continued to receive intense mediation support from the federal mediators. I want to take this opportunity to thank the federal mediators for their support.

However, despite these ongoing mediation efforts, at the start of February, the MEA filed a bad faith bargaining complaint with the CIRB, asking it to order the parties to binding arbitration. The CIRB issued its ruling on March 17, finding that any determination of bad faith bargaining would be premature, as the parties were still working on the negotiation of a new collective agreement.

My colleague, the Minister of Transport, and I have also reached out to the parties directly to urge them to continue to work toward an agreement. Despite these efforts, negotiations remain stalled and no end is in sight.

On April 10, the employer gave 72 hours' notice of its intention to modify the conditions of employment for members of CUPE 375. According to the notice, employees would no longer be guaranteed a minimum weekly income and would instead be remunerated only for hours worked.

Later that same day, the union gave 72 hours' notice of its intention to no longer perform overtime, work on weekends or participate in training. The union committed to maintaining services for vessels coming to and from Newfoundland and Labrador, and services for grain vessels that must be maintained in accordance with section 87.7(1) of the Canada Labour Code, which specifies that in the event of a job action, the movement of grain must not be affected.

On April 13, the parties implemented the actions described in their respective notices. Recently, the situation has escalated. On April 22, the employer advised the union that it would be invoking the provisions of the collective agreement that imposed a specific shift schedule requiring workers to work the entire shift.

The following day, the union gave notice of its intention to stop all work at the port, beginning at 7 a.m. on April 26. On Monday morning, that is exactly what happened, a complete general strike, unlimited in duration, began at the Port of Montreal.

The parties have reached an impasse and it is clear that despite ongoing assistance from federal mediators for the last two and a half years, they remain unable to find a common ground. We urgently need to find a way to move forward, particularly in light of the recent escalation in job action, which has paralyzed the port.

Our government has done everything we could to help the parties resolve their differences without a stoppage. We believe in the collective bargaining process. There are, however, exceptional circumstances where the government must step in. This is one of those exceptional circumstances. The impact is vast and deep and the situation is dire.

When it is only the two parties at the bargaining table that stand to suffer grave consequences as a result of work stoppage, there is no justification for the government to intervene. However, when a strike or lockout is disrupting the economy to the degree that it has and has caused significant and permanent damage to the livelihoods and well-being of Canadians across the country, such as what we are seeing with this escalating work stoppage at the Port of Montreal, the government must intervene even if it is to intervene with a heavy heart.

Canadians are counting on medicines and medical equipment, farmers are counting on receipt of seed and fertilizer to grow crops and feed Canadians and Canadians are counting on products and goods, including food, medicines and medical equipment, specifically dialysis products. This is a concern in the best of times. Now, in the midst of a pandemic, these concerns are heightened.

I have heard messages from stakeholders loud and clear. This is literally a matter of life and death has been the message communicated to me. If medical products and life-saving medical devices do not get to hospitals and patients in a timely manner, the health of Canadians is at stake. We know there are ships currently with COVID-related products, pharmaceutical and medical equipment, that now cannot get through. The impacts are vast and deep. Ensuring the uninterrupted flow of these goods is critical at this time.

The parties could not reach a negotiated agreement after two and a half years of negotiations, and the help of a federal mediator at over 100 bargaining sessions. We cannot afford to wait any longer to intervene. There is too much at stake. We must act before irreparable damage is done to the economies of Montreal, the Province of Quebec and Canada as well as the health and safety of Canadians across the country.

We will continue to work with both parties in an effort to help them find common ground. The federal government will continue to support the negotiations between the parties. As I have said, the parties are currently at the table. We strongly encourage them, with the support of the federal mediation and conciliation service, to come to an agreement at the table.

We also have a responsibility to act in the interests of Canadians whose lives and livelihoods are affected by the work stoppage, which is the result of failure to reach a negotiated agreement after the two and a half years of federally supported negotiations of the Syndicat des débardeurs, known also as CUPE Local 375, and the Maritime Employers Association. That is why we are introducing this legislation today.

LabourStatements By Members

June 17th, 2019 / 2 p.m.


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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Mr. Speaker, unions built the middle class in Saint John—Rothesay, and today, unions like IBEW, CUPW, CUPE, PSAC, ILA, Unifor, IAFF, and SJPA, and union leaders like Darlene Bembridge, Duane Squires, Craig Melvin, Erin Howell-Sharpe, Tammy Nadeau, Pat Riley, Kevin Suttie, and Jean Marc Ringuette are pillars of my community.

In 2015, the people of Saint John—Rothesay sent me here to stand up for them. One of the ways I have done just that since taking office is by standing up for my constituents' collective bargaining rights, both in this House and at HUMA, where I was tremendously proud to stand up for Bill C-4 and Bill C-62 to repeal of Conservative anti-union legislation in both places.

I will always stand up for the rights of workers in my riding, and I will always stand up for good middle-class jobs for the people of Saint John—Rothesay.

Federal Trades StrategyPrivate Members' Business

June 12th, 2019 / 6:30 p.m.


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Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Madam Speaker, I am pleased to have a minute or two to voice my support for Motion No. 227. Updating the federal labour standards is way overdue and should have been done a long time ago. It should have been done before, never mind dealing with a motion on the eve of Parliament, but at least maybe we are starting to move in that particular area. We have been consulting and now we are attempting to act.

There was a review done by the previous Liberal government in 2004. After a decade of inaction by the Conservatives, we are trying to pick it up where we left off. Again, there is only so much that we can do in three and a half years, and we cannot deal with all of the issues that we want to deal with. Therefore, we do the best we can to get things moving in the direction we want to be able to protect Canadian workers and help set the stage for good, quality jobs.

We need labour standards that reflect current workplace realities that will also help employers recruit and retain employees while looking after their well-being. It is a win for everyone. It is why the member for Niagara Centre put forward a motion that the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities be required to undertake a study of the creation of a federal trades strategy to consider the labour shortages in the skilled trades, which we know are a high priority for our government, but they are also a high priority for the country.

We have already moved forward with some changes, and here are just a few examples. One of the first priorities our government had was to pass Bill C-4, restoring fairness, balance and stability to labour relations, which was an important thing that we did.

I see that you are standing, Madam Speaker. Thank you very much for allowing me to have one minute to make a point. I look forward to seeing this motion move forward.

Government PrioritiesOral Questions

May 1st, 2019 / 2:45 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, our government has been unequivocal in our support for labour, and we are happy to celebrate that this May Day.

There is no question that since forming government, we passed Bill C-4 to eliminate the unfair Bill C-525 and Bill C-377 that Harper passed. We amended the Canada Labour Code to give federally regulated employees the right to flexible work arrangements and implement different leaves. We strengthened occupational health and safety standards. We passed Bill C-65 to protect federally regulated employees from workplace harassment and violence.

We will continually stand up for labour and stand up for workers across Canada.

Precarious EmploymentPrivate Members' Business

February 22nd, 2019 / 1:40 p.m.


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Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

Madam Speaker, I rise today to offer support for the hon. member for Sault Ste. Marie's motion, Motion No. 194, and I would like to thank him for bringing this issue to the floor for debate.

Canadians have worked hard to achieve the lowest unemployment rate in over 40 years. However, this number can only tell us so much about the employment situation in Canada. While good jobs are being created by Canadian businesses every day, there are still hard-working people who put in a full day's work but receive barely part-time compensation.

Our government has worked hard to support Canadian labour and the right of association. Immediately after the election, our government passed Bill C-4 and Bill C-5. These bills restored fairness and balance to labour relations by repealing legislation that undermined and weakened labour rights in our country. However, there is much more to do to ensure working Canadians receive fair treatment and fair compensation.

This motion speaks to a serious and growing problem across Canada that if left unaddressed could lead to serious labour issues. That is why this motion is so important. An in-depth study on precarious employment in Canada can provide the government with a blueprint to tackle this issue head-on.

As was pointed out earlier by the member for Sault Ste. Marie when speaking to this motion, precarious employment is tricky to nail down. The Canadian Centre for Policy Alternatives found that a fifth of professionals are in some form of precarious work. Furthermore, the survey found that professionals in precarious employment are more likely to have a post-graduate degree than professionals who are in non-precarious work. Professional women are also more likely than their male counterparts to be in precarious situations, with women accounting for 60% of all professionals in a precarious work circumstance. Clearly, precarious work does not fit neatly into the norms of the traditional work environment and traditional work definitions.

These statistics offer far more questions than answers, questions that the HUMA committee can begin to unravel. While we do not know all that we would like to know, the root of this problem clearly lies in our rapidly changing economy. Thankfully, government has already started to address some of the stress points in this changing economy.

To provide young people the skills and networking opportunities necessary to find meaningful employment, our government invested $221 million in Mitacs, for example. This program creates 10,000 paid internships per year, providing the experience young people need to succeed. This program, coupled with the $73-million investment in the student work-integrated learning program, means nearly 60,000 Canadian students will benefit from a paid internship over the next five years.

The Government of Canada has also partnered with Ryerson University to create Canada's largest work-integrated learning, recruitment and reporting platform, known as “Magnet”. Magnet combines a network of employers, post-secondary institutions, industry associations and community partners to match skills with employment opportunities.

On February 14, the hon. Minister of Employment, Workforce Development and Labour as well as the Minister of Finance announced plans for a new future skills centre and future skills council. To support this initiative, the Government of Canada is investing $225 million over four years and $75 million per year thereafter in future skills development.

However, it is not enough to prevent people from becoming precariously employed. We need to develop pathways for precarious workers to acquire skills that are in demand. In budget 2017, the government initiated a three-year pilot project to help adults who want to return to school, with an investment of $287 million over three years. It is clear, as the national and international economies change, that Canada and Canadians must put an emphasis on lifelong learning and skills development.

The disruption in the labour market calls for a flexible and forward-thinking policy. For this policy to be effective, we need a two-pronged approach. The first begins with Motion No. 194 to identify and narrow down the indicators of precarious employment. As the motion calls for, we need to dig into the data to come to a more complete understanding of what exactly precarious employment is both in terms of who it is affecting and in terms of its larger role in the Canadian economy.

The second part of this plan depends on a suite of flexible and proactive programs to lead young people to opportunities for quality employment. The plan must also offer those in precarious work situations a route to new opportunities or new skills and new training that will allow them to find fair, meaningful and reliable employment.

Yesterday the finance minister echoed the Prime Minister's comment that the global economy is changing faster than it ever has before, and it is moving slower now than it ever will in the future. If Canadians are to prosper and find security for themselves and their families in a changing global economy, we need to understand how these shifts will affect workers and Canadians.

As indicated in the speech by the member for Sault Ste. Marie and his motion, Canadians affected by precarious employment do not fit neatly into one or two industries or demographics.

Our government has taken steps to strengthen union rights to association and to provide access to education and skills training programs. However, precarious employment is unlike other forms of work and demands a more thorough examination by Parliament. Understanding the indicators of precarious employment will help federal, provincial and municipal governments address under-compensated workers.

When we tolerate full-time work turning into part-time pay with no benefits, we run a serious risk of losing ground that workers and Canadians will struggle with over the next generation.

As legislators, we have a responsibility to act in the best interests of Canadians, which is why I will be supporting Motion No. 194. I urge all members to also support Motion No. 194.

I would like to thank the member for Sault Ste. Marie for bringing this motion to the floor for debate.

Canada Labour CodePrivate Members' Business

January 30th, 2019 / 5:50 p.m.


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Liberal

Dan Ruimy Liberal Pitt Meadows—Maple Ridge, BC

Madam Speaker, I thank the House for permitting me to be a part of the debate on Bill C-420, tabled by my colleague the hon. member for Mirabel.

First of all, I would like to remind the House what this bill is about.

Bill C-420 would amend the Canada Labour Code, also known as the code, in order to accomplish three things.

First, it would prohibit employers from hiring replacement workers to perform the duties of employees who are on strike or locked out.

Second, it would authorize the minister of labour to enter into an agreement with the government of a province to provide for the application to pregnant and nursing employees of certain provisions of the provincial legislation concerning occupational health and safety.

Lastly, Bill C-420 would amend the Canada Labour Code, the Official Languages Act and the Canada Business Corporations Act to clarify the application of the Charter of the French Language in Quebec.

Tabling the bill gives us the opportunity to review the Government of Canada's actions in regard to labour relations especially, as well as in regard to working conditions for pregnant and nursing employees.

I want to use my time today to go over some of the actions that have been taken.

Let us talk first about what Bill C-420 proposes to do with regard to replacement workers and labour relations reform in Canada.

The bill seeks to amend the code to make it an offence for employers to hire replacement workers to perform the duties of employees who are on a lawful work stoppage. Any contravention of this provision would entail a fine of up to $10,000 for the employer. The bill would also permit an employer to not reinstate any locked out or striking employee at the end of the work stoppage.

We have to keep in mind that amending the code can have an impact on labour relations if it is not done properly. Any proposed amendment requires a broader comprehensive review of part I, as well as a tripartite consultation process that involves the government, the labour movement and, of course, employers. In fact, all concerned parties, including academics and external stakeholders, should be consulted since these reforms would affect a great number of Canadians across the country.

It is a long-standing practice not to amend the code in a piecemeal fashion or without soliciting the input of affected stakeholders. The current provisions in the code are the result of such a review and represent a carefully crafted compromise between the interests of employers and trade unions.

Let me provide an example. In 1995, a working group, mandated by the minister of labour, led an extensive public consultation on part I of the code. Workers, employers and government stakeholders were consulted, as well as external stakeholders, such as academics and others, who could provide relevant insight. The working group's report, entitled “Seeking a Balance”, formed the basis of the significant changes to part I of the code that came into effect in 1999.

The consultation process is critical to any legislative changes made to industrial relations at the federal level and our government has always respected that.

Since our government took office, we have been committed to re-establishing a fair and balanced approach to labour relations in Canada. Re-establishing a climate of collaboration and developing evidence-based policies is our objective. The very first step we took in that direction was to table Bill C-4 to repeal Bill C-377 and Bill C-525. We did this because Bill C-377 and Bill C-525 were both adopted without having been through the aforementioned tripartite consultation process typically applied to labour law reforms. This process is an essential part of the foundation that supports free collective bargaining.

Let us talk now about pregnant and nursing employees. The health and safety of all workers, including pregnant and nursing workers, is a priority for our government. Let us not forget that federally regulated workers everywhere in Canada are very well protected by the strong provisions on preventive withdrawal provided for in the code. In fact, the code contains provisions on reassignments and leaves of absence for pregnant and nursing employees. These provisions provide protective measures to help them to pursue their employment in a safe environment.

In addition to provisions already in place, our government has taken a number of actions to ensure the health and safety of all employees, including pregnant and nursing employees. First, we have put forward new compliance and enforcement measures for occupational health and safety standards and labour standards. These measures include monetary penalties and administrative fees for employers who are repeat offenders, the authority to publish the names of these employers, greater power for inspectors, new recourse against reprisals, and improvements in the wage-recovery process.

Next, we have introduced amendments to the code to give federally regulated private sector employees the right to request flexible work arrangements. We have also put forward a series of new leave provisions, including a five-day personal leave, of which three days are paid, and five days of paid leave for victims of family violence, out of a total of 10 days of leave.

In addition to these provisions, other recently introduced amendments to the code would provide eligible working parents with improved access to maternity and parental leave once these amendments come into effect.

On top of all that, I must remind everyone that the government supported Bill C-243, an act respecting the development of a national maternity assistance program strategy. The bill is now in the other House for review.

Let us now turn our attention to the Charter of the French Language in Quebec. The 1982 Constitution Act, which enshrines English and French as our country's official languages, provides that both these languages be given equal status in all governmental and parliamentary institutions. Additionally, two separate statutes, the Quebec charter and the federal Official Languages Act, regulate the language of work in Quebec. Active companies in Quebec, including those incorporated under the Canada Business Corporations Act, are already required under provincial law to comply with the Charter of the French Language. That includes being registered under a French name.

Consider also that the labour program has never received any complaints from federally regulated private sector employees in Quebec concerning an inability to work in French. This is backed up by a 2013 government report that concluded that these employees in Quebec seem generally able to work in French in their workplaces. If we look at Quebec's 2016 census, there are, in fact, an increasing number of workers using French as their main language, or equally with English, while on the job. Between 2006 and 2016, the rate of workers whose mother tongue was English and who mainly used French at work rose from about 23% to 25%. Meanwhile, workers whose mother tongue was a language other than English or French and who mainly used French on the job increased from 46.5% to 48% during this same period.

As members can see, our government is proactive not only on the issue of labour relations, but also on the issue of working conditions for all Canadians, including pregnant or nursing women, as well as on the issue of language of work for federally regulated employees in Quebec.

In conclusion, I would like to congratulate my colleague, the hon. member for Mirabel, for his important work on Bill C-420.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 11:30 p.m.


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Liberal

Patty Hajdu Liberal Thunder Bay—Superior North, ON

Mr. Chair, I am glad the member opposite realizes that we have a high degree of respect for organized labour and, in fact, such a degree of respect that the first piece of legislation we introduced and passed was Bill C-4, which restored the rights of organized labour to collectively bargain and organize. It repealed Bill C-525 and Bill C-377, two very harmful pieces of legislation that the Conservatives had rammed through the House in an effort to diminish the ability of organized labour to grow its movement, to work, as the member pointed out, on ensuring that there is decent work for people all across the country.

We also ratified ILO Convention 98, which guarantees the right to organize and collectively bargain. We have introduced legislation that we worked on with unions which unions have been calling for, for decades. These are things like pay equity, federally regulated proactive pay equity, something that unions have been calling for, including the union involved in this dispute, flexible work arrangements, and protection of federally regulated workers from violence or harassment in the workplace. In this respect, I would refer to Bill C-65, which recently passed. We have introduced updates to the Canada Labour Code to modernize it and protect the most vulnerable in the workplace, again in partnership with organized labour. The list goes on in terms of the work we have done in partnership with unions, because we recognize the important role they play in establishing a standard that often protects the most vulnerable and people who are not unionized in this country.

I will also speak to the second part of the member's question. The member asked what we have done to ensure we could work with the parties to help them arrive at a collective agreement. From my perspective, we have done everything we can to support the parties to get there themselves. For example, over a year ago, both parties agreed to work with a mediator, so we appointed the federal mediation service early on in their talks to help them have productive talks and work through some of the substantial issues that both the union and the corporation were facing. The mediators worked with the parties for well over a year. When those talks broke down, they asked—

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 8:55 p.m.


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Liberal

Patty Hajdu Liberal Thunder Bay—Superior North, ON

Mr. Speaker, we were also elected to make life better for middle-class Canadians, including owners of small and medium-sized businesses and workers all across Canada. With this time of year being the busiest retail season, Canadians need to be able to count on Canada Post to deliver the goods Canadians and businesses need.

Let me tell the House about Maureen Lyons, the owner of Mo McQueen and Sons, in Winnipeg. She is a stay-at-home mom with four children and a health disability. Here is what she had to say about the labour disruption:

If by the end of the week, by some miracle, things could resume or at least the shopping public’s faith in the system of delivery could be restored, I think it would help a great deal.

We are as grassroots as it gets. I don't make a ton of money as it is. It is so frustrating. We're the little guys. And I'm not just a seller.... I'm also trying to find things for my own children for Christmas that I can't get.

The Minister of Public Services and Procurement and I have been in touch with the parties directly on numerous occasions to urge them to continue to work towards reaching agreements. Despite all the efforts I listed yesterday, the two parties remain unable to find common ground on a number of outstanding issues related to wages, job security and workload.

With more than 200 communities across the country directly impacted by the strikes, we cannot afford to wait any longer. I will repeat: Our government does not take back-to-work legislation lightly. This is the first time our government is using this tool, and we believe it should only be used as a last resort. That belief has not changed for me personally or for our government. However, having exhausted all other possibilities, we believe it is the only remaining option.

This is about protecting the public interest and avoiding further harm to Canadian businesses and communities, and indeed Canadians who rely on Canada Post. Older Canadians, persons with disabilities, low-income earners and Canadians living in rural, remote and northern areas who rely on physical mail delivery, including indigenous peoples in some of the most remote communities in our country, are disproportionately affected when their access to physical mail delivery is disrupted.

The cost of postal alternatives, such as courier companies, can be prohibitively high, especially in rural and remote communities. In some remote northern areas, there are no alternatives. Canadians in the north are twice as reliant on parcel delivery services as the rest of Canadians.

Stephanie Destree of The Silk Road Spice Merchant, in Calgary, says, “Sometimes we ship to more rural places, so we go with Canada Post. We are finding delays when we use Canada Post, and sometimes up to three weeks of delays.”

A Toronto Star reader sent the following letter to the editor:

While mail disruption is an inconvenience to many of us living in Canada, it is an impossible situation for those in remote fly-in communities in Northern Canada.

Unlike other Canadians who have options of private courier services, those living in these regions must rely on Canada Post for all of their deliveries.

Through a newly formed non-profit organization...I am personally involved in sending much-needed food to shelters and soup kitchens; warm clothing to the homeless, poor and elderly; school supplies and food to daycares and schools in both Nunavut and the Northwest Territories....

For many of these children, these will be the only gifts they receive this year.

The postal strike has played havoc with our efforts to get these gifts to the children in time for Christmas. Besides the time delays and uncertainty of delivery, there is an added expense of about $1,000 to upgrade our service level to Express Post in the hopes these parcels will receive faster service when the strike action rotates.

Weather is always a concern in the winter in getting parcels to the North in a timely manner but the strikes have made it an incredibly difficult and expensive challenge.

That was from Beverley Mitchell in Toronto.

Nearly nine million Canadians, about 30% of our population, live in rural and remote areas, where access to the Internet can be extremely limited. Today is Black Friday, and so many businesses depend on their sales today and through to the end of the holiday season to survive. This has real human impacts. Small business owners are our neighbours, and they are also significant employers in our country. We are looking at job losses and lower hours at a time of year when so many families are already over-extended.

Jim Danahy, CEO of Customer Lab, says:

We have Indigenous population in very small and sometimes isolated communities that you can only reach by water or by air. So, in those cases, the local economies can be hit quite significantly.

At the same time, our reputation as a reliable market for commerce and trade is at risk, because international partners are not able to ship mail and parcel shipments on to Canada Post. I spoke yesterday about small e-sellers whose razor-thin margins leave many of them unable to afford the higher cost of shipping through courier companies. In the event of a lengthy postal strike, many companies, particularly smaller e-commerce companies, may not make it through the season. Forty percent of online sales take place in the fourth quarter, which the strike is currently impacting.

Canadians expect us to act. We have done everything we could, and this is a last resort. That is why we are introducing this legislation, which I will take a few minutes to explain.

The legislation we are introducing today would order an immediate end to the worker stoppages and the resumption and continuation of postal services at noon EST on the day after the day on which it receives royal assent. The most recent collective agreements will be extended until new collective agreements are established.

To help the parties find common ground on outstanding issues, an impartial mediator-arbitrator will be appointed. The parties will have an opportunity to choose the mediator-arbitrator, and within 48 hours of coming into force of the bill, the parties will need to provide me with names of three persons to serve as the mediator-arbitrator. If the parties fail to propose the same person, one will be appointed from this list, taking into consideration advice from the chairperson of the Canada Industrial Relations Board. This is to ensure the impartiality of the individual who will be chosen.

The legislation would provide for the mediator-arbitrator to resolve all outstanding issues through mediation, or if mediation fails on particular issues, arbitrate them through an arbitration model of his or her choice based on guiding principles. The mediator-arbitrator will have seven days to mediate all outstanding issues between the parties, which can be extended to a maximum of 14 days if the parties consent. If the parties fail to reach agreements within the mediation period, the mediator-arbitrator must arbitrate all outstanding issues within 90 days of his or her appointment.

I will now talk about the principles that will guide the mediator-arbitrator's decisions. These have been crafted carefully to provide a balance to the mediator-arbitrator and take into consideration the concerns that we have heard throughout the negotiating process. They are: to ensure the health and safety of all employees; to ensure the fair treatment of temporary, part-time and other employees in non-standard employment as compared to full-time, permanent employees; to ensure the long-term financial sustainability of Canada Post; to create a culture of collaborative labour-management relations; and for high-quality service to be provided by Canada Post at a reasonable price to Canadians. The union and Canada Post can reach a voluntary agreement at any time before the mediator-arbitrator submits his or her final report to me, which would end the mediation-arbitration process.

I believe that we have taken the steps to ensure that everything possible has been done and is done through this proposed legislation to encourage the parties to reach agreement fairly and swiftly while in the meantime ensure services at Canada Post resume, preventing further harm. That is why I urge all of my hon. colleagues to vote in support of this legislation.

I reiterate that our government does not take this legislation lightly. We have worked hard to restore fairness and balance to the labour landscape in Canada since coming into office. Through Bill C-4, our government's first piece of legislation and our first official act in Parliament, we repealed two private members' bills that undermined unions; one that imposed excessive reporting requirements on unions, and a second that made it harder for workers to unionize. Since then, we have introduced legislation and programs that improve the lives of Canadian workers and strengthen the labour movement.

As I mentioned before, we did not intervene early, because we believe in the collective bargaining process. We believe that the collective bargaining process results in the best outcomes: strong agreements and a positive workplace culture. However, we also have a responsibility to Canadians and to the businesses that drive our economy, and when the consequences of a work stoppage become so great that they begin to result in serious and, if left unchecked, lasting harm, we have to act.

We will continue to support the parties through every means possible, as we have done from the very beginning. We strongly encourage them to reach agreements as soon as possible, and we will continue to provide the parties with the tools they need to do so.

As I said earlier, the best agreements are always the ones that parties arrive at themselves. This proposed legislation allows the parties to reach a voluntary agreement at any time before the mediator-arbitrator submits his or her final report to the minister, which would end the mediator-arbitrator process.

We are in no way legislating an agreement. This legislation is about ensuring the process exists to find one. The well-being of Canadians and the viability of many Canadian businesses depend on a speedy resolution. I urge everyone in this House to support this legislation so we can make that happen as quickly as possible. Canadians are counting on us.

Resumption and Continuation of Postal Services Operations LegislationGovernment Orders

November 23rd, 2018 / 6:35 p.m.


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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, some people have started their speeches by saying they are pleased to join in the debate. Make no mistake that it is difficult. The NDP likes to characterize it as something less than that, but members should be assured that this is an action this government has not undertaken lightly. This has been quite some time in the making.

Since coming to government after the October 2015 election, Canadians have seen, and certainly organized labour has seen, that we go about our business quite differently than the previous Conservative government did. We take a different approach to how we work with organized labour. Having been here during that 10-year period, it was nothing short of an attack on organized labour. From the outset, it was obvious that Stephen Harper had organized labour in his crosshairs and was willing to do what he had to do in order to throw a wrench into organized labour in this country.

We saw egregious bills like Bill C-377 and Bill C-525, bills which were purposeful in trying to handcuff unions in this country from being successful and from giving them any opportunity to grow and represent Canadian workers. It is unfortunate, because when we look at organized labour, we can certainly say that nobody has helped grow the middle class more than union leadership in this country, which fights for fair wages, fair benefit packages, overtime benefits and health and safety issues. It has been organized labour that has led those fights over the years. We, as Canadians, enjoy many of the benefits of those efforts.

When we became government, one of our first pieces of legislation was Bill C-4, which was legislation that led to overturning the egregious bills I just referenced, Bill C-525 and Bill C-377. We were trying to restore a fair and balanced approach to labour relations. We were trying to restore a tripartite approach to developing labour laws in this country, where we have workers, employers and the government sitting down and crafting labour laws that protect us all and benefit us all.

We saw that thrown out of balance. We saw the attempt to change the Canada Labour Code through backdoor initiatives. Rather than using a tripartite approach, we saw it being changed by private members' legislation. We saw how much benefit it brought the Conservatives in the last election. Any organized labour, any rank and file member, in this country knew two numbers. They knew the number 377 and they knew the number 525, because both those bills were earmarked for organized labour.

We strengthened occupational health and safety standards in this country, because we believe every worker in this country has the right to arrive home safe to be with their families. We passed Bill C-65 to protect federally regulated employees from workplace harassment and violence. I try to give credit where credit is due, and I must say that both the Conservatives and the NDP were very helpful and supportive of this legislation. We have good legislation, one which has been a long time in the making and a long time coming, but certainly both opposition parties were supportive of it.

We ratified ILO Convention 98 to ensure the rights to organize and to enter into collective bargaining. That convention had been advocated for for over 40 years, and it was our minister who was able to get that ratified at the ILO, something which we are very proud of as a government.

In budget implementation act No. 2, we brought forward legislation that will modernize labour standards to reflect today's workplaces. This is something from which many in organized labour will not benefit as it is for the many unorganized workspaces where shop floors are not unionized. It is for people in precarious work who are trying to knit together two or three part-time jobs in order to make a living and pay the bills. These are the most vulnerable workers in this country.

The modernization of labour standards in this country is going to be of help to all of these workers. This helps make sure that contracts are not flipped and that benefits are not lost when contracts are changed so that if there is a seniority list and certain people have worked for the company for seven years, they are able to maintain the benefits they worked for and earned over seven years and not lose those benefits in any way. We are very pleased to be able to move forward on that.

We have introduced pay equity legislation to ensure fairness. This makes sure that people and women in this country get equal pay for fair and equal work. We have also doubled the benefits in the wage earner protection program.

These are all positive initiatives we have embarked on and undertaken in this government.

The banning of the domestic use and the import and export of asbestos is very important. This is something that the CLC, Unifor, Canada's Building Trades Unions and many others in organized labour have been fighting to get for years. We are working with organized labour and employers as well, taking a tripartite approach to making sure we get right the banning and abolition of asbestos.

We as a government are committed to free, collective bargaining, and we believe that a negotiated agreement is always the best solution in any industrial dispute. That is why we refrained for so long before we got involved in this particular dispute.

This dispute has gone on for a year. We were engaged right from the start, appointing a mediator to let both sides share their grievances and find a way to come to some kind of agreement. A mediator was involved for a year. As the strike vote was taken and as the rotating strike began five weeks ago, we even appointed a second mediator and then a special mediator.

These mediators were selected from a list. We provided a list, and both sides were able to weigh in on who the mediator should be so as to build trust in the mediation process and in the mediator himself. The mediator was agreed upon.

The minister was very clear yesterday. She has worked tirelessly, as has her staff and the department. They have done everything possible to assist the parties to reach an end to this dispute. Despite their efforts, CUPW and Canada Post just have not been able to get to an agreement. Therefore, it is with great reluctance that we have been left with no other option but to introduce back-to-work legislation to get our postal service back functioning at full capacity.

It is important to understand that we knew as the process evolved that it was probably going to land here because both sides were very entrenched on a couple of different aspects of the negotiation. It is important that Canadians and Canadian businesses who rely on Canada Post and its crucial infrastructure are able to do their business. We know that 70% of online purchases are delivered by Canada Post. We know that Canadians rely on it as a service and that it is critical to many Canadian businesses.

In my own riding I have a small company called Galloping Cows, an exceptional company owned by Ron and Joanne Schmidt. They make pepper jellies and chutneys. They are very busy at this time of the year. We have many people from my riding and Atlantic Canada whose children have moved away and are living elsewhere, some in Fort McMurray. Thus, the packages to Fort McMurray from Port Hood are always a big part of the business that Galloping Cows does each year, which, certainly from Remembrance Day to Christmas, could make or break this young business. They have really felt the impact. It is not just that orders have not been sent, but also the fear of those who have sent parcels already. That is a big part of it, the threat of not getting the parcels to people in time for Christmas.

Throughout these negotiations, the Government of Canada has been proactive and tireless in its attempts to have the parties reach an agreement. The minister has discussed this at length. Federal conciliation officers and mediators have been assisting the parties throughout their negotiations. We know that there have been a lot of side conversations with people. Beyond the actual negotiators, many people have wanted this to be resolved and have offered their input to try to find resolution to this. We appreciate their efforts.

However, when bargaining reached an impasse, we appointed a special mediator to bring a fresh set of eyes to the table. It is always of benefit when we can take some issues and look at them with a little bit of a different perspective.

The negotiations stalled again, so we offered voluntary arbitration. That was our suggestion. However, our government's offer of voluntary arbitration was declined. Thus, we have tried pretty much every club in the bag.

We also appointed a special mediator this week, in the hope of getting a deal. We have strongly encouraged the parties to reach a mutually acceptable conclusion. We believe that a negotiated agreement is always the best solution.

No member of our government wants to be dealing with back-to-work legislation, but there is no end in sight and that is why we find ourselves in this situation. Canadians are feeling the effects of this dispute and it would be irresponsible for us not to act in the interests of all Canadians.

As I said initially, I can contrast our government's approach to organized labour to that of past Conservative governments. We can also look at the back-to-work legislation by the Conservatives in 2011. We know that after two weeks of rotating strikes, former prime minister Harper imposed back-to-work legislation on Canada Post and the postal workers of CUPW. It was interesting because we know that the minister at the time appointed an arbitrator herself, which is a little different from what we have done. We have appointed a mediator-arbitrator where mediation will be first and foremost.

That mediation I know was mentioned by the NDP member for Skeena—Bulkley Valley. He wanted me to remind him of the guiding principles, because he had talked about the health and safety issues.

I will quote subclause 11(3) of the legislation, which states:

In rendering a decision or selecting a final offer under paragraph (1)(b), the mediator-arbitrator is to be guided by the need

(a) to ensure that the health and safety of employees is protected;

(b) to ensure that the employees receive equal pay for work of equal value;

Those are the guiding principles, which are vastly different from the guiding principles of the legislation put forward by the Conservatives back in 2011. We know they worked against unions. We know that its legislation was very heavily weighted against unions.

That is certainly not the case with this legislation. We have proven to be a party that supports unions and workers, and that believes in the collective bargaining process. This is a last resort and not something that our government takes lightly.

When a strike or lockout impacts only the two parties involved, the government will help when asked and will not intervene. However, when it affects Canadians and Canadian businesses and all available avenues have been exhausted, the government has a responsibility to intervene. That is why we are bringing forward this legislation to require Canada Post workers to return to work.

In closing, Canadians need to know that the government has done and continues to do everything in its power to help the parties. In any industrial dispute, we are willing to help the parties resolve their differences without a work stoppage. A work stoppage helps no one, neither the workers and their lost wages, nor the communities and others impacted by the postal services that businesses use.

This legislation is no Harper-era legislation. We are not forcing specific conditions on the union. We just need to get to an agreement. If we had any hope at this point that the differences between CUPW and Canada Post were close to a resolution, we would not be tabling this legislation. However, after five weeks of rotating strikes, we are forced to say that it is time to act. The government has been working with CUPW and Canada Post for the last year and has done everything possible to prevent this dispute. Let us get back to work, get the postal service functioning at maximum efficiency and get the parties to a deal.

Motion that debate be not further adjournedResumption and Continuation of Postal Service Operations LegislationGovernment Orders

November 23rd, 2018 / 10:30 a.m.


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Liberal

Patty Hajdu Liberal Thunder Bay—Superior North, ON

Mr. Speaker, clearly, we believe in collective bargaining. That was why we introduced Bill C-4 to reverse harmful legislation of the previous government and to ensure workers had the right to organize freely and collectively bargain freely. However, we also are the federal government, with a responsibility to ensure that services on which Canadians rely are there when they need them.

This mediated process has been going on for well over a year, with rotating strikes taking place for five weeks. The parties still do not have an agreement. We hope they will reach that agreement in very short order. However, if they cannot reach one, we will help them with legislation that will be fair, principled and will help both parties achieve their goal.

Motion that debate be not further adjournedResumption and Continuation of Postal Service Operations LegislationGovernment Orders

November 23rd, 2018 / 10:30 a.m.


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Liberal

Patty Hajdu Liberal Thunder Bay—Superior North, ON

Mr. Speaker, I have said before that we believe in the collective bargaining process. We support the collective bargaining process. That is why we introduced and passed Bill C-4, which restored rights and reversed harmful legislation, rammed through by the previous government, that was intended to minimize, reduce and delegitimize the labour movement. In fact, we amended the Canada Labour Code in partnership with labour, which gave us advice about protecting the most vulnerable in the workplace. We have strengthened occupational health and safety standards.

Let me talk about the legislation we have tabled, which we really hope we do not have to use. However, if we do have to use it, we have crafted it in a way that will set balanced guiding principles. I did not get a chance to tell the House about those principles earlier, so let me tell members the factors the arbitrator will have to take into account: the health and safety of workers, equal pay for work of equal value, fair treatment of part-time and temporary employees, the financial sustainability of Canada Post, the need for collaborative labour management relations and high-quality service for the public.

Motion that debate be not further adjournedResumption and Continuation of Postal Service Operations LegislationGovernment Orders

November 23rd, 2018 / 10:10 a.m.


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Liberal

Patty Hajdu Liberal Thunder Bay—Superior North, ON

Mr. Speaker, I am pleased that the member opposite wants to talk about the work we have been doing with labour and the support for workers in our country, because in fact there is no question that our government has taken the well-being of workers very seriously.

First, we repealed Bill C-525 and C-377. We passed Bill C-4, which restored fair and balanced labour relations in the country. It made it easier for organized labour to recruit new members and grow their movements. We amended the Canada Labour Code to give federally regulated employees the right to flexible work arrangements and implement different leaves. We strengthened occupational health and safety standards. We passed Bill C-65, which provides federally regulated employees with protection against workplace violence. We ratified ILO convention 98 to ensure the right to organize and to collective bargaining.

Through Bill C-86, we are modernizing labour standards, largely informed by the conversations we have had with organized labour about the most vulnerable workers in our workplaces and the protections they need in a modern Canada Labour Code.

We introduced pay equity legislation. Again, it was appealed for by labour for many years before we formed government. We worked with them to make sure we could listen to those concerns and address something that is fundamentally a right: equal pay for work of equal value. We have almost doubled the benefits from the wage earner protection program.

I could go on. Our government profoundly believes in the rights of workers, especially the most vulnerable workers in our workplaces, and we have worked very well with organized labour to make sure we get those details right.

Postal Services Resumption and Continuation ActGovernment Orders

November 22nd, 2018 / 12:10 p.m.


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Gatineau Québec

Liberal

Steven MacKinnon LiberalParliamentary Secretary to the Minister of Public Services and Procurement and Accessibility

Mr. Speaker, before I begin, I want to inform you that I will be sharing my time with my colleague from Pitt Meadows—Maple Ridge.

Mr. Speaker, it gives me no pleasure to rise in this House to debate this motion. Our government believes in free and collective bargaining, and we have worked hard to restore fairness and balance to the labour landscape in Canada. In fact, one of the very first pieces of legislation introduced in this Parliament was Bill C-4, which repealed two private members' bills passed under the Harper administration that undermined unions. We did this because we recognize the important role unions play in ensuring our workplaces are safe, equitable and just.

In connection with this commitment, we also took steps to close the gender wage gap and increase job opportunities for women. Furthermore, we took action to reduce workplace hazards and harassment. We proposed significant changes to the Canada Labour Code to bring it in line with today's needs. Our government is proud of its partnership with labour, which is clearly reflected in our efforts to protect employees' right to organize in order to improve workplace safety and training.

We know that harmonious labour-management relations are very important to maintaining individual economic security and Canada's economic prosperity. With this in mind, our government does not take this decision lightly.

In this case, we have done everything possible to help Canada Post and CUPW reach an agreement in their ongoing collective bargaining negotiations, but the time has come to take action. Indeed, we have allowed these rotating strikes to go on for five weeks now, with no end in sight. The two parties remain unable to find common ground on a number of outstanding issues related to wages, job security and workload.

While these are all important issues, ones that our government has worked hard to address for all Canadians since taking office, we need to find a way to move forward.

Our government is a strong supporter of the collective bargaining process, but we also have a responsibility to Canadians and to the businesses that drive our economy. They cannot do that if a significant part of our national postal system is not working. The services that Canada Post provides to Canadians and businesses are essential to our country's success. Our government realizes this, and we are committed to ensuring that these services are not compromised in the future.

This is exactly why our government implemented a new vision for Canada Post. I was proud to participate in this process. This vision is designed to keep Canada Post relevant and sustainable in the long term, while still providing good jobs and quality services to Canadians across the country. Through innovation, market trend analysis and the adoption of new technologies to meet Canadians' expectations, we intend to work with employees to make this vision a reality. This is the future of Canada Post.

These rotating strikes, however, hit our more vulnerable populations the hardest. Older Canadians, pensioners, persons with disabilities, low-income earners and particularly Canadians living in rural, remote and northern areas, including indigenous people, are feeling the effects more than anyone.

It is important to remember that while e-commerce and online communications are the norm for many, almost nine million Canadians live in rural and remote areas where access to the Internet can be limited. These people need Canada Post more than anyone else. They need it up and running, and they need it running smoothly.

Clearly, businesses are feeling the negative effects too, especially small businesses, many of which do the bulk of their sales at this time of year. These are the businesses that are growing our economy and providing good, well-paid jobs to middle-class Canadian workers. In other words, we cannot wait any longer.

Since the start of the bargaining process between Canada Post and CUPW, we have been doing everything possible to help the parties reach agreements that work for everyone. Federal mediators have been assisting negotiations for nearly a year. When those negotiations were failing, we appointed a special mediator to bring a fresh perspective.

We have offered voluntary arbitration, and members of our government have reached out to both parties, urging them to continue working toward an agreement. In fact, they are continuing right now to work toward an agreement, and we hope they conclude these negotiations successfully.

Having exhausted all other possibilities, if that turns out to be the case, this legislation will be our only remaining option. First and foremost, this legislation would ensure that letter mail and parcels start moving again from coast to coast to coast without delay, protecting the public interest and avoiding further harm to Canadian businesses.

Second, under the legislation, the most recent agreements would be extended until new collective agreements are established.

Third, an impartial mediator-arbitrator would be appointed by mutual agreement of the parties to address all outstanding issues.

The mediator-arbitrator would have seven days to mediate negotiations between the parties, and that could be extended to 14 days if the parties agree. If the parties do not reach an agreement during the mediation period, the mediator-arbitrator would be required to arbitrate all outstanding issues within 90 days.

This legislative measure would get Canada Post back to work and lay the foundation for a speedy resolution of the outstanding issues.

That is what this is about: restoring necessary services to all Canadians in the immediate term and encouraging those involved to find common ground for the long term.

Let me reiterate that we do not take this decision lightly. This bill is a last resort. The government has done everything in its power to avoid this.

Jobs are at stake, the well-being of the most vulnerable members of society is at stake, and our economy is at stake. That is why I encourage every member of the House to support the speedy adoption of the motion, and also, if necessary, of the bill. We owe it to our business people, our citizens, Canada Post, postal workers and all Canadians.

Postal Services Resumption and Continuation ActGovernment Orders

November 22nd, 2018 / 11 a.m.


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Liberal

Patty Hajdu Liberal Thunder Bay—Superior North, ON

Mr. Speaker, I want to highlight the contrast between our government and the previous Harper Conservative government, which did not believe in fair and balanced labour relations; whipped in legislation as quickly possible, not only to end labour disruptions but to prevent them; and interfered in the collective bargaining process by introducing harmful legislation, which we repealed with Bill C-4.

That is why we have waited, because we want to make sure that we are doing everything possible to support the collective bargaining process to help these parties find a deal. We know that a deal arrived at by both parties working together is the strongest deal for Canada. We are going to continue the work we do to build up the labour movement and support the labour movement and take action when absolutely necessary.

Postal Services Resumption and Continuation ActGovernment Orders

November 22nd, 2018 / 10:55 a.m.


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Liberal

Patty Hajdu Liberal Thunder Bay—Superior North, ON

Mr. Speaker, I apologize for that error.

As I said, we have worked really hard to restore fairness and balance to the labour landscape in Canada. One of the first pieces of legislation we introduced was Bill C-4, which repealed two private members' bills that were intentionally meant to undermine the rights of unions in the country. One bill imposed excessive reporting requirements on unions. The second bill made it harder for workers to unionize. This was important to us. We understand that organized labour support these good middle-class jobs that we talk about so often in this place.

In fact, we have taken other action, prompted by the union movement. We introduced modern labour standards as recently as last month. These are going to work in direct opposition to other Conservative governments that are repealing the rights of workers. We introduced pay equity to ensure women would have an opportunity to receive equal pay for work of equal value. We were successful in passing and receiving royal assent on Bill C-65, legislation on which we worked closely with organized labour, to ensure people were free from harassment and sexual violence in the workplace.

We will continue to work with organized labour to ensure that workers across the country can work for companies and organizations in which they are respected and have decent work.

We have not intervened early because we believe in the collective bargaining process. We have worked with the parties during this labour disruption to assist them in getting a deal with every tool we have. However, we also have a responsibility to all Canadians and to the businesses that drive our economy. When the consequences of a work stoppage become so great that they begin to result in serious or lasting harm, we must act. When a strike or lockout affects thousands, or even millions of people, the government must intervene.

The Canada Labour Code gives the parties in a dispute the right to a strike or lockout and back-to-work legislation should be used as a last resort. We will continue to support the parties through every means possible. As I have said, we still believe a deal is possible.

Canadians can be assured that our government has done everything in its power to help the two parties reach an agreement. We believe in the collective bargaining process. We believe in fair and balanced labour relations. We will continue our work with organized labour to support decent work and middle-class jobs in the country.

Postal Services Resumption and Continuation ActGovernment Orders

November 22nd, 2018 / 10:45 a.m.


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Thunder Bay—Superior North Ontario

Liberal

Patty Hajdu LiberalMinister of Employment

Mr. Speaker, I am here today to talk about our intention to take action to end the labour dispute between Canada Post and the Canadian Union of Postal Workers, also known as CUPW.

Since the start of negotiations between Canada Post and the Canadian Union of Postal Workers, we have been doing our best to help the parties find a solution.

We believe in the collective bargaining process. Negotiated agreements are always the best solution. We would not come down this road, however, we have exhausted every option.

Our government ran on a commitment to restore fair and balanced labour laws and relations, but we also have a responsibility to Canadian businesses that drive our economy.

As our country's primary postal operator, Canadians and Canadian businesses rely on Canada Post. Canada Post and the Canadian Union of Postal Workers provide postal services that are of vital importance to Canadians and to Canadian businesses.

Older Canadians, persons with disabilities, low-income earners, as well as Canadians living in rural, remote and northern areas who rely on physical mail delivery, including indigenous peoples, are disproportionately affected during postal strikes. The costs of postal alternatives, such as courier companies, can be prohibitively high, especially in rural and remote areas. In some remote northern areas, there are no alternatives.

Canadians living in the north are more reliant on parcel delivery services than other Canadians, receiving approximately double the per capita parcel average in Canada in 2017. While e-commerce and e-communications are the norm for many, almost nine million Canadians, about 30% of the population, live in rural and remote areas where access to the Internet can be extremely limited.

We know that some of the most vulnerable in our country count on Canada Post for their cheques. These Canadians count on this money to scrape by, and they are put in very precarious positions by any delay, like Jack, who told me that as a person on Ontario disability any delay could mean a loss of housing for him. Many others rely on prompt payment to survive month to month.

The strikes have been going on for five weeks now. Canada Post said that it could expect delays of parcel and mail delivery into 2019 as a result of these rotating strikes. Canada Post has also told its commercial customers that at this point it cannot honour its delivery standards for any product because of the prolonged strikes. The strikes have created backlogs of mail and parcels just days before an expected rush of millions of additional parcels from Black Friday and Cyber Monday online sales.

Businesses are already feeling the negative impacts of the strikes. Significant delivery delays are resulting in order cancellations for the many Canadian businesses that are dependent on sales from Black Friday through to the end of the holiday to survive. There are reports of declines in e-commerce demand. The impacts of the rotating strikes are particularly pronounced for small and medium-sized businesses, because the fourth quarter is their busiest.

The reality is that if the strikes are left to continue through the holiday season, they would create significant hardship. That means job losses and fewer hours for Canadians who count on the extra money to get by.

At the same time, Canada Post has asked its international partners to halt mail and parcel shipments to Canada, as it continues to deal with a major delivery backlog that has grown as a result of the rotating strikes. This affects not only Canadians and Canadian businesses, but also Canada's reputation as a reliable market for commerce and trade.

Small and medium-sized businesses that rely more heavily on Canada Post for billing and order fulfillment are struggling. Some of these smaller companies, operating on eBay, Etsy and Amazon platforms as e-sellers, are disproportionately affected. According to a survey conducted on behalf of the Canadian Federation of Independent Business, or the CFIB, two-thirds of small and medium-sized enterprises surveyed said that they were being affected by the rotating strikes at Canada Post. According to the CFIB, costs are around $3,000 per business in terms of lost sales, cancelled orders, delays, or costs due to the use of more expensive delivery alternatives.

E-commerce is a significant source of economic growth in Canada. Compared to the 2011 postal strike, Canadians in 2018 have become greater consumers of e-commerce generated parcels. According to Statistics Canada, Internet-based sales from all retailers rose 31% to $15.7 billion in 2017. Up to 40% of these sales take place in the fourth quarter, which is currently being affected by the strike. In the event of an even longer postal strike, many companies, particularly smaller e-commerce companies, are saying they may not make it through the season.

Let me provide some of the real-life stories.

There is a company called Monkeys & More based in Halifax, which is run by Dale Kearney and his wife Sherrie. They specialize in selling handmade scarves, mittens and aprons online. They get orders from Canada and the U.S. during the holidays. However, this year, customers are reluctant to place orders for fear they will not receive their purchase by Christmas. Mr. Kearney said, “Normal years we're sold out by now. The rotating strike, it's killing us.”

How about Red Ribbon boutique? This is a shop on Edmonton's High Street. It is run by owner Rychelle Tuck, who relies heavily on Canada Post, as most of her sales are done online. Mrs. Tuck said that she knew packages would be late arriving to customers, but exactly how late was a mystery to her.

Small businesses like theirs are slowly becoming casualties of the ongoing Canada Post dispute.

In an article, Craig Patterson, director of Applied Research at the University of Alberta's School of Retailing, said that the margins of small businesses were “a lot thinner than the major retailers” and “They're relying on Canada Post a lot more, whereas bigger retailers can go to an alternative supplier”. He said that instead of taking the chance, many customers “will choose to go to...malls, as opposed to seeking out local businesses”, meaning money will often leave the local economy.

The strike is having an impact on the workers as well. Canada Post workers and other businesses affected are counting on the extra wages from this time of year as part of their revenue. In some cases, they need these wages to get by. Canadians are calling on us to take action.

The Retail Council of Canada sent an open letter to the Prime Minister, which said that the situation was heading into crisis territory, that the pace of parcel traffic was about to double and that the postal system was already overstretched.

We are not debating this legislation today because we still believe that Canada Post and CUPW can get a deal. I believe the two parties can still reach a negotiated agreement.

We still believe a deal can be reached, but we must be ready to step in if the parties cannot come to an agreement.

The parties are still negotiating, and nothing in this motion prevents that from continuing. We continue to provide them with all of the tools necessary to reach an agreement. Their negotiations started this time last year. The existing collective bargaining agreement expired on January 31, 2018, and these agreements covered approximately 8,000 rural and suburban letter carriers and 42,000 urban operations employees.

On June 29, the Federal Mediation and Conciliation Service received two notices of dispute from the union. The following week, on July 6, two conciliation officers were appointed to assist in the negotiations. On September 5, I appointed two mediators. CUPW began strike action on October 22. On October 24, I appointed the special mediator, Morton Mitchnick, and I have reappointed him twice since then to facilitate an agreement. Voluntary arbitration was offered and declined.

My colleague, the Hon. Carla Qualtrough, the Minister of Public Services and Procurement, and I have reached out to the parties directly on many occasions to urge them to continue to work toward reaching agreements. We have worked hard to restore fairness and balance to the labour landscape in Canada, and these efforts demonstrate that.

Through Bill C-4, for example, our government's first piece of legislation—

April 30th, 2018 / 3:35 p.m.


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Canadian Operating Officer, Canada's Building Trades Unions

Robert Blakely

My name is Bob Blakely. It's my privilege to represent the half million unionized construction workers in Canada.

Construction is 14% of Canada's GDP and 8% of all direct employment. We maintain a building stock worth about $1 trillion.

One of the principal features of organized construction is that we're the largest private sector trainer in Canada. We maintain 175 training centres across the country, with a bricks and sticks value of around $1 billion. We train our members there. We expend somewhere between $300 million and $350 million a year on pre-apprenticeship training, safety training, apprenticeship, graduate level training, upgrading, and new technologies. Virtually every cent of that money is from investments made by our members and our employer partners through collective bargaining. The investment makes our construction workforce in Canada the best in the world.

I would like to endorse the remarks of the leader of the labour movement. I'm not going to repeat his comments, but I'll try to complement the greater labour movement position with those that matter to construction.

The title of this year's budget, “Equality Growth: A Strong Middle Class”, resonates with most building trades members. It is a rational and reasonable goal to which people aspire. Government can create the climate and develop an impetus toward those goals. In 1968, the Woods task force reported its findings to Parliament. Those findings created the underpinnings for the Canada Labour Code. The report is succinct and elegant. I will, in an inelegant way, try to paraphrase a couple of those findings.

The first is that everyone, employers included, acknowledged the contribution of collective bargaining in raising the standard of living in Canada. The committee reported an interesting, counterintuitive finding that unionization is a great thing as long as it's in somebody else's business—people said they didn't need one in theirs.

Not much has changed since the Woods task force. Government needs to be value-based in how we deal with these sorts of things, and to express support for collective bargaining. The Canada Labour Code contains a preamble that stresses promotion of common well-being through encouraging collective bargaining, recognizing collective bargaining as the basis for effective labour relations. The preamble colours the legislation and encourages bargaining. It is not neutral in nature or in effect.

Last year, the Government of Canada ratified ILO convention 98, the right to organize and collective bargaining. There now is only one industrialized country in the world that doesn't subscribe. Somehow I doubt that Donald Trump is going to be seized by an attack of conscience and fix this.

Shortly put, collective bargaining creates better wages, better conditions, and a better organized workplace. The net effect of collective bargaining is a rising tide that floats all boats. In the construction business, the union rate is the benchmark. When the union rate goes up or down, non-union workers get a raise or a cut. When the union gets a health plan, so does the non-union worker. When the union gets a pension plan, the non-union worker gets some form of retirement security.

The Canada Labour Code, since the passage of Bill C-4, has returned to being the only non-politicized labour code in the country. It has remained true to the Woods task force principles. There haven't been federal swings, but rather there has been stability over a significant amount of time.

Let me point something out: virtually every construction collective agreement in Canada is provincially bargained. We're not under the Canada Labour Code, but the Canada Labour Code stands alone as a model enactment.

If you want to lift people into the middle class and maintain them, encourage collective bargaining and not the demonization of unions.

The Government of Canada doesn't necessarily create jobs. Even if it did, it couldn't create enough for every Canadian who wants a career. Canada does spend an enormous amount of money on infrastructure and procurement. Could this money do double duty?

A number of sophisticated owners—major purchasers of construction—recognize that it is in their interest to ensure that the stock of trained and skilled construction workers remains appropriate. They build commercial terms into construction contracts that require the contractor to employ skilled people and to do a level of training on the site. It doesn't mean union only. We can negotiate our own deals. However, it means using tax dollars to achieve other important social, fiscal, and occupational goals.

The Government of Canada has been talking about community benefit agreements to provide for things like training and apprenticeship within local communities. If you look at the survey done by Build Force Canada, we are going to replace a quarter of a million people in the construction industry in the next five years. That means recruiting more than half a million people, because we only graduate about 49%.

Much can be gained in the area of health and safety, quality, and the reduction of construction-related claims, by having some sort of community benefits in an agreement and doing a value construction matrix to evaluate tenders.

The lowest bid does not equal the lowest cost. Taking the lowest bid doesn't create value. Contractors aren't in business to lose money. If they submit a price that's too low, they'll try to make it up on the claim. Evaluate the bids going in. Community benefit agreements provide support for communities and government by getting people apprenticeship ready. The little understood fact is that success in the construction trades isn't easy; it takes the same level of intellect to complete a skilled trade's apprenticeship as it does to get a university degree.

As for supports for groups like women, the budget has done a good job on the apprenticeship incentive grant for women and the women in construction fund. There were also positive changes in this budget for veterans and indigenous people, with the the lnnu-IBEW legacy project for the latter. These initiatives are getting our kids out of the basement, where they're playing video games, and into real careers are laudable goals. Some of our programs, like Build Together, which will double the number of women in organized construction, and Helmets to Hardhats will create careers.

We build Canada's infrastructure, and what we do builds the middle class. We lift people into that middle class with a hand up. We provide them with an opportunity for a meaningful career. The Canadian worker benefit does that, but we need to do more. The building trades have prepared to partner with you in this regard because you need to get a return on investment for what you've made—some real investments—in the construction workforce, the supports to women in the trades, pre-apprenticeships, and the union training and innovation program.

Let me close by asking you to support lifting people into the middle class and maintaining them there. It takes conscious thought to ensure that the climate to build better careers and to provide vehicles, like community benefit agreements, will ensure better results. I would be most pleased to respond to any questions you may have.

Merci beaucoup.

Ramesh Sangha Liberal Brampton Centre, ON

Thank you very much for giving me this opportunity.

Any of you can answer my question as follows. After Saskatchewan's essential services legislation was struck down by the constitutional issue—and there are a few parts in Bill C-4 similar to the previous one—I have a concern as a lawyer by profession whether or not we're sure this time that we have taken care, in Bill C-62, of all of the problematic issues so we can avoid the constitutional questions.

April 23rd, 2018 / 4:45 p.m.


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Executive Director, Compensation and Labour Relations Sector, Treasury Board Secretariat

Drew Heavens

I will answer that question.

On the recourse provisions that you're referring to, none of them were actually brought into force after Bill C-4 came into force. They were to come into force through an order in council that never actually happened.

The package of reforms that were in that section dealing with employer recourse made some changes that were meant to streamline some of the recourse processes. Take, for example, the one about taking away the right of employees to file human rights complaints in lieu of a grievance. Some saw that as taking away some fundamental human rights from employees, because the human rights act has different provisions from the labour relations act.

I can't say for certain why those were put into place before, but again, like the rest of the legislation, it will all be repealed by Bill C-62.

Scott Brison Liberal Kings—Hants, NS

I'd like to start by reacting to your comment on Bill C-4.

We inherited a difficult situation with regard to negotiations with the public service, courtesy of the previous government. We are working very hard to restore a culture of respect towards the public service and its unions. We have negotiated collective agreements, which now cover 90% of public servants, in good faith. It is paramount to recognize the importance of our public service and its unions. We now have good relationships with them.

On the question of the specific investment made as part of Canada 150 by my colleague, Minister of Heritage Mélanie Joly, the Canada 150 rink is something that is contributing very significantly to the Winterlude festivities here in Ottawa. It's the 40th anniversary of Winterlude, until the end of February in fact. More than 120,000 Canadian visitors have had the opportunity to skate on it. There's ringette and sledge hockey. In fact, all Canadians can come to the national capital region and reserve their tickets to take advantage of this once-in-a-lifetime activity. We're celebrating a big deal. Canada 150 is something that is—

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Patience, you're right.

We are very concerned when we hear the minister talk about another example to have better transparency in the government, because we all remember that one of the first pieces of legislation the government tabled was Bill C-4, which killed some transparency tools for workers. This is why we are very concerned, but we will see what the government tables, and we will pay careful attention to that.

Madam Chair, I am very happy that we can discuss with the President of the Treasury Board in such a direct manner.

In our point of view, the President of the Treasury Board is the chief custodian of Canadian tax dollars. Expenditures of $330 billion must be subjected to very serious scrutiny, and it is up to the President of the Treasury Board to ensure that each dollar is wisely spent.

My first question is quite clear. Does the minister agree with spending $8.2 million for a hockey rink in front of Parliament? Was it a wise spending of public money, yes or no?

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 11:10 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I am always pleased to answer questions put to me by my distinguished colleague from Saint-Hyacinthe—Bagot, whom I respect and hold in high esteem. It reminds me of the good times we had working together on certain bills, including the bill on medical assistance in dying. It was a delicate subject, but we worked well together, because there was no room for partisanship.

My colleague’s question concerns the fact that governments are formed to serve Canadians, that the public service exists to serve Canadians, and that we must create winning conditions to ensure that employees feel well treated so that they can provide good service. Of course, we do not disagree. That is why we are on the side of workers. We are not on the side of union bosses. That is an important distinction.

The Liberal government is cozying up to the big union bosses. It is their choice and their decision. The big bosses campaigned, with much fanfare, against the former government and in support of the current government. The big union bosses also decided to spend $5 million just before the election was called, without consulting workers and in contravention of political party financing rules and the election laws governing financing and public spending. That is why the prime minister called the election on August 2. We, the Conservatives, are always prepared to stand up for workers. Giving union bosses every advantage is not standing up for workers. That is why our two bills, which were attacked and defeated by Bill C-4, focused on union transparency and democracy.

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 10:45 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I am very pleased to rise today to share the official opposition's opinion on Bill C-62. As I said a few moments ago during the question and comment period following the speech given by the President of the Treasury Board, we are opposed to this bill. We think that it seeks to please union bosses rather than making public servants a priority.

According to the government, this bill seeks to improve the bargaining process, but we do not think that the government is taking the right approach. We do not think that this bill actually improves the process; rather, it seems its aim is to please union bosses. During the last election, those union bosses were prepared to invest $5 million in advertising just before the election, without any regard for campaign finance laws, just to hurt the government that was duly elected by Canadians in 2011. The political party that was in office at that time, the Conservative Party did what it could to respond, but of course it was at a disadvantage in terms of spending money and accountability. I will come back to that a little later.

Our concern with this bill is that this is payback. It is not the first payback by Liberal government to the union's leader, because we saw it a year and a half ago when the government tabled Bill C-4. Bill C-4 was established by the government to kill two pieces of legislation we introduced when we were in office, which would permit and give more democracy and transparency in the union system.

This Liberal bill is the logical next step for the Liberals, although certainly not for us, and fits in nicely with what the government is doing to thank union leaders for their generous support during the last election campaign. As I was saying earlier, this bill seeks to establish certain bargaining measures. However, make no mistake, the Liberals' real goal here is to make the union leaders happy with the government's position. This falls clearly in line with the Liberal policy to please union leaders.

Almost two years ago to the day, the then minister of labour, an MP from Alberta, introduced Bill C-4. I was the official opposition employment critic at the time so I worked with the minister, together with my friend, the hon. member for Foothills. We fought tirelessly against that bill, which sought to annihilate two bills that were introduced and passed by the Conservatives under the previous prime minister between 2011 and 2015. Those two bills, C-377 and C-525, addressed democracy, transparency, and accountability of unions.

We Conservatives believe that if workers are to have the respect they deserve, they must be given the necessary tools. This includes asking union leaders to disclose their salaries and financial statements to the public. At the time, it was argued that this was something they could do themselves. However, when a union member pays his union dues, he is entitled to a tax refund. That concerns all Canadians, because it is their money being handed out as tax refunds, to the tune of $500 million.

Union leaders were not pleased that we were asking them to disclose all their expenses and salaries. However, when you have nothing to hide, you have a clear conscience. Of course, their natural allies, the Liberals, opposed the move and pledged to reverse the decision, which is tantamount to doing away with transparency. Thus, one of the first legislative positions of this very government, which boasts about being the most transparent in history, was an attack on union transparency.

This was the first bill that was killed by Bill C-4. The other bill was about democracy inside the union. If workers wanted unions in their shops, we asked to have consultation, but private consultation, a secret ballot. This is the best way to ensure people will be represented. The will of the people will be expressed with a lot of strength under secret ballots.

You will remember, Mr. Speaker, that two years ago you were elected by secret ballot, which is good. Who can oppose secret ballots in the House of Commons? When we elect a Speaker of the House, it is by secret ballot. However, the Liberals do not want to have secret ballots when workers decide whether to create unions in their shops. That is not fair. This is why we were, and still are, the champions of democracy and transparency in unions. Why are we champions of that? First and foremost, the most important people in the workforce are the workers, not the union bosses.

However, that is what the Liberals would do with this bill. The Liberals are on the side of union bosses instead of being the champions of the workers. I can assure the House that we will always be on the side of the workers. The government wants to kill that democracy and transparency.

That is what the Liberal government is trying to do with a series of bills to please union bosses and chip away at, if not wipe out entirely, everything the Conservative government did to enhance union transparency and democracy. That is why we still oppose this bill, which we do not think is right.

I should also point out that the government's approach has been a bit sloppy. Bill C-62 is a mash-up of two previously introduced bills, Bill C-5 and Bill C-34. Bill C-5 was introduced in February 2016, which is almost two years ago now, and Bill C-34 was introduced in November 2016. The Liberals have extracted elements of both bills and inserted them into the bill we are debating today. Aside from the fact that we disagree with the provisions in the bill, which is no secret, we expected greater diligence from the government on this matter. They are the ones who will have to answer for it, though.

Members will recall the unfortunate statements made almost two years ago when debating Bill C-4 in the House. One of the arguments made by Liberal opponents was that the bills we passed, namely Bills C-377 and C-525, were backdoor bills. One of the most eminent members of the Liberal caucus, the member for Winnipeg North, said this. We know this member often rises to speak. He is vocal in the House, to say the least.

Those were sad memories for me when my friend, the Liberal member for Winnipeg North, called the two pieces of legislation “backdoor bills”. They were private members' bills. That is disrespectful. Each and every member of the House is a front-door member. Therefore, when we table something, it is tabled by the front door. There are no backdoor members, no backdoor pieces of legislation, no backdoor nothing. Everything is done by front-door members of Parliament, from whatever party. That is where we stand.

This experienced member's comments were an insult to all his government colleagues who introduce private members' bills, which we Conservatives respect even though we may not agree with them. That concludes my remarks on this bill.

We are very concerned about this bill. We believe that it is important to think of the workers first and foremost. We realize that government officials and, of course, union officials are in the midst of negotiations.

That goes without saying. One cannot negotiate with 500,000 people. We understand that, but those 500,000 people must trust the representatives they appoint to negotiate with government officials. The best way to establish this trust, to strengthen it, to cement it, if you will, is to ensure that there is greater transparency and democracy within unions, and the best way to achieve that is to have full disclosure. Then, if they want to make that leap and establish a union, they can use the secret ballot. That is the best way and the one which can be influenced the least, whether in a positive or negative manner. Unfortunately, this government has directly attacked this principle, which we consider to be fundamental.

In response to my question, the President of the Treasury Board referred to certain financial realities in Canada, but he forgot to mention a few things, particularly when he talked about support for families. The foremost duty of the President of the Treasury Board is to balance the books. Theoretically, he is the government's “Mister No”, the person who says yes or no to government spending. Why did he say yes to the first plan for government assistance for children, when the government forgot to take into account one minor detail, namely, inflation? As a result of this oversight, four years from now, parents will be getting less than they did from our former government six years earlier. Way to go, guys; that is great.

Any junior accounting technician in a company who forgot to calculate inflation would be kicked to the curb. How is it possible that the President of the Treasury Board, whose primary duty, undertaken at the behest of the Prime Minister, is to make sure that the numbers add up, somehow missed this administrative detail, namely calculating inflation? That is pathetic. He should be ashamed of such an oversight.

On another note, we also provided assistance for children, but we had a balanced budget. I am appealing to the President of the Treasury Board's dignity and sense of responsibility. He has a duty to balance the books. This government is running colossal and compulsive deficits.

Two and a half years ago, the Liberal Party campaigned on running small deficits during the first three years and balancing the budget in 2019 when the economy is strong. That was the Liberal promise. Where are we today? This government has created deficits that are two and a half times larger than promised, and worse yet, it has no clue how it is going to return to a balanced budget. Never in the history of Canada, in peacetime, has a government had a strong economy and no plan to achieve zero deficit. It is unacceptable because the deficit leads to debt that will be left to our children, grandchildren, and great grandchildren to contend with.

I call on the President of the Treasury Board to tighten the purse strings. He is an experienced parliamentarian who has been serving this country for over 20 years in different capacities and on behalf of different parties. I appeal to his dignity and ask him to tighten the purse strings and especially to send Canadians a clear message that, just because his government has been overspending, does not mean that it will not balance the budget one of these days.

We think that the government should have a minimum plan to balance the budget. Will the government do so in 2019, as it promised? Will it do so in 2045, as the finance department's most recent report indicates will be the case if nothing changes? That would be absolutely ridiculous, but it would be even worse if the government had no plan at all for balancing the budget. Unfortunately, that is in fact the case. This government does not have a plan, and we very strongly condemn it for that. We are calling on the government to, at the very least, determine when it will balance the budget.

The government is turning its back on ordinary workers as it seeks to please its union leader partners and friends.

Ordinary federal employees have been suffering for almost two years now because of the Liberal government's bad decision to give the go-ahead to implement Phoenix. That is today's reality. We are gathered here in the House to talk about a bill that will make union bosses very happy. Meanwhile, unionized workers are still suffering as a result of the Phoenix problem. We have to be very careful here. Our thoughts are with all the heads of households and workers who have been hit hard by the Phoenix pay system problems. Enough can never be said and done to help these people. Canadian workers in my riding and the other 337 ridings have had their lives turned upside down by the Phoenix pay system.

A fact is a fact. The record shows that under the former government the ministers responsible put a kibosh on this project on two occasions. Both in July 2015 and September 2015, the ministers said that the Phoenix pay system should not be deployed because it was too risky. In January 2016, reports suggested not moving forward because the systems were not ready, it still had bugs, and most departmental financial directors recommended putting the project on hold. Unfortunately, on February 24 the government gave the go-ahead. In three weeks and a few hours, Phoenix will have been up and running for two years. A few weeks later, on April 26, the second phase of the Phoenix system was implemented. Nothing was done for 18 months even though alarms were sounding and red flags were raised all over the place. It took the Liberals months to admit that there was a problem.

It is sad that we are creating a bill that caters to union bosses instead of focusing on workers. Workers should be the priority, especially for the President of the Treasury Board, who claims that the government wants to be fair and equitable and says he wants to think positively and work together with the public service. However, today we are debating a bill introduced by the government in an attempt to pander to union bosses, instead of focusing first and foremost on the employees working in the public service.

For these reasons, we are going to vote against Bill C-62, because we feel it caters exclusively to union bosses. In fact, that was the same problem we had with Bill C-4, which attacked and demolished the fundamental principles of democracy and union transparency, principles that we and all workers hold dear. Bill C-62 is the logical but deplorable sequel to Bill C-4, which was tabled by the government almost two years ago now. We can therefore assure workers that we will always be on their side, not on the side of bosses and unions.

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 10:30 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I want to congratulate and thank the President of the Treasury Board for delivering part of his speech in French. The House can count on me to commend anyone who speaks in both official languages, especially those who may not have a natural ability to speak the other official language. I want to be clear. For me, the second official language is English, and I assume that French is the second official language for the President of the Treasury Board. My compliments end there.

I will have an opportunity to discuss the substance of the bill in greater detail. We see this bill as a logical extension of the Liberal approach, which involves thanking union leaders for their hearty and financial support during the last election campaign. This bill, much like Bill C-4, which I will come back to later, is more about pleasing union leaders than looking out for the concerns of workers. That is why we are disappointed by this bill.

Will the President of the Treasury Board just admit that this bill is a way of thanking the unions that gave them such strong support and were willing to hand over $5 million right before the election campaign, showing no respect for our election laws and no respect for the Conservative government, which had been duly elected by Canadians?

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 10:15 a.m.


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Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

moved that Bill C-62, an act to amend the Federal Public Sector Labour Relations Act and other acts, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to rise today to speak to Bill C-62. The bill would restore fair public service labour laws that respect the collective bargaining process. It recognizes the important role of unions in protecting the rights of workers and in helping grow Canada's middle class.

Bill C-62 affirms the Canadian values of fairness and justice. It combines the government's previous bills C-5 and C-34. It makes no substantive changes to the earlier bills; it simply incorporates the adjustments necessary to combine proposals regarding sick leave, collective bargaining, and essential services for the federal public service into one piece of legislation. Merging these two bills into one is an efficient way to restore the equity and balance in our public service labour relations regime that existed before the legislative changes were introduced by the Harper Conservatives in 2013.

In part, Bill C-62 would repeal contentious sections of Bill C-59, which was a piece of legislation introduced, without consultation, through an omnibus budget bill by the previous government. Bill C-59 had given the government the authority to essentially ignore the public service labour relations act of the day and unilaterally modify the labour relations law that applies to and protects public servants. It would have allowed the government to unilaterally impose a new sick leave regime on public servants without negotiation or consultation.

On taking office, our government committed to not exercise the powers given to the government in Bill C-59, and now we are following through on our commitment by repealing the legislation itself.

Public servants and their representatives have made their position on the law very clear. They are upset and believe that the law violates their right to participate in a meaningful collective bargaining process.

We agree with the public service that this law brought in changes that were neither fair nor balanced. That is why we are acting to repeal them. Bill C-62 also repeals the most contentious changes made to the Federal Public Sector Labour Relations Act in 2013. These include changes that allowed the employer to designate essential services unilaterally, to make conciliation with the right to strike the default process for resolving conflicts, and to impose new factors that arbitrators must consider when making a recommendation or award.

The amendments immediately created an antagonistic labour relations regime and made employer-bargaining agent relations worse. A number of unions even brought charter challenges related to these provisions. We have every reason to believe that such challenges would have been allowed by the courts.

In fact, in 2015, the Supreme Court of Canada struck down Saskatchewan's essential services legislation, which included very similar provisions to the 2013 federal legislation. However, the decision to repeal these regressive pieces of Conservative legislation is not just the legal thing to do. It is the right thing to do. We studied the situation closely. We met with public servants and the organizations who represent them. We recognized that the current situation was unsustainable and indefensible, both legally and morally. As a result, Bill C-62 reverses the changes to the act that gave the government the exclusive right to unilaterally determine which services are essential. Rather, the government will work with public sector bargaining agents to both identify and agree on essential service positions.

In addition, under the new legislation, bargaining agents will have the choice once again to determine which dispute resolution process they wish to use in the event of an impasse in bargaining. They will be able to select either arbitration or conciliation with the right to strike.

As well, public interest commissions and arbitration boards will be able to determine for themselves how much weight to give the many factors that come into play when making their decisions, factors like compensation that influence the terms and conditions of today's modern workforce.

This is how the system worked before the amendments of 2013. I look forward to getting back to a collaborative and fair approach once Bill C-62 receives royal assent.

Mr. Speaker, this bill will enable the government to keep an important promise it made to public service employees, their unions, and Canadians.

That was our promise to negotiate in good faith with bargaining agents to reach fair agreements that are fair and reasonable for federal employees and for Canadian taxpayers. The facts are clear in terms of the previous government's lack of commitment to bargaining in good faith.

When our government took office in 2015, all the collective bargaining agreements with public servants had expired. In fact, there were 27 collective bargaining agreements with 15 bargaining units. They had all expired under the previous government. Some of them had expired for almost four years. No public servants had collective bargaining agreements when we formed office. We made it clear that we would work with public servants. We would negotiate in good faith. After two years of hard work and good faith negotiations, we have achieved deals that now represent 91% of public servants. Thus, 91% of public servants now have collective bargaining agreements that were negotiated in good faith.

That success in concluding collective agreements was one achieved in partnership. From the public service we worked closely with people like Robyn Benson from PSAC and Debi Daviau from PIPSC. We worked together, not just on areas of economic increase but on other areas where we can improve the quality of the lives of public servants, and work with them to improve the outcomes for the Canadian public, the people we all serve, those of us on the elected level and the public service, the professional public service we have in Canada, which is one of the most effective anywhere in the world.

This act today, Bill C-62, continues our work toward restoring balanced labour laws that recognize the important role of our public service and the unions that represent them. In this system, the employer-employee relationship is more equal, with both parties within our approach having crucial roles in ensuring workers receive decent pay, are treated fairly, and work in safe, healthy work environments.

Restoring a culture of respect for and within the public service has been and is a priority of our government, a culture that encourages federal employees and the government to work together to fulfill our commitments to Canadians. Ultimately, we are all working together to improve the lives of citizens. The bottom line is that Bill C-62 will undo the measures that stacked the deck in favour of the employer and against the public servants and the bargaining agents representing them. It also highlights our ongoing commitment to support the Public Service of Canada.

As a society we must never roll back fundamental labour rights that unions have worked very hard to secure. Rather, we need to always ensure that workers can organize freely, bargain collectively in good faith, and work in safe environments.

Members may remember how in January 2016 the Minister of Employment, Workforce Development and Labour introduced legislation, Bill C-4, to repeal two other unfair labour law bills from the previous government, Bill C-377 and Bill C-525, and how we voted to support that legislation in the autumn of 2016. Those two bills by the former government introduced a number of contentious measures related to the financial disclosure process of unions and their certification.

Bill C-4, which received royal assent, reversed those provisions that would have made it harder for unions to be certified and easier for them to be decertified. It also amended the Income Tax Act to remove the onerous and redundant requirement that labour organizations and labour trusts provide specific information annually to the Minister of National Revenue. This included information on the non-labour activities, which would then have been made available to the public. We already had laws in place prior to that, which ensured unions are, in fact, financially transparent and accountable to members.

What is more, the contentious measures this legislation introduced were not formulated in accordance with the principles of respectful consultation. This includes, in terms of consultation, the traditional tripartite consultation process among the employer, unions, and governments normally used whenever we consider reforming labour relations. Therefore, the laws introduced by the previous government were deeply flawed and we, quite rightly, moved to repeal them.

My point is that the bill we are considering today is only the latest in a series of actions that demonstrate the government's commitment to bargaining in good faith with labour leaders and public service bargaining agents. This is of tremendous importance, not only to the welfare of our public service employees but to Canadian citizens, whom we all work to serve. Labour unions play an important role in protecting the rights of workers and in growing the middle class. We respect them and the people they represent.

It is public service employees who administer Canada's income support programs, such as the old age security benefit, for instance, that provides seniors with an important source of income. They are the RCMP and the public servants who helped thousands of asylum seekers who came to Canada earlier this year, as an example. They are the people who help fellow citizens displaced by wildfires. They are the public servants who serve Canadians day in, day out, and they come from all walks of life. They offer an incredible range of expertise and experience that the government draws on to ensure the delivery of services to people across Canada, and, in fact, around the globe.

We need our public service employees to be respected for the great work they do. More than that, we also want young people graduating from our colleges and universities to see the public service as not just a great place to build a career but a great place to build a country. I often speak to young people who are interested in entering the public service. Some of them, for instance, are involved in modern digital work and what I explain to them when they are looking at their options is that we cannot give them the stock options that they may receive with a tech start-up, but we can give them something bigger and that is an opportunity to paint on a larger canvas and improve the lives of Canadians. I would encourage all young people to consider spending at least part of their lives in public service, either within the professional public service or at the political level. The opportunity to improve the lives of our fellow citizens is a rare and important one.

To do that, we need to make some fundamental changes to the public service. We need the public service to be less hierarchical. We need to make it easier for people with ideas and ambition to come into the public service to make a difference, and potentially go back out after tackling some specific projects. There is a lot of work we need to do, but I continue to believe that the public service, either at the professional level within the Public Service of Canada or at the political level, remains one of the best ways one can actually improve the lives of our fellow citizens.

Throughout our history, our public service unions and, broadly, our labour unions have been a force of positive change. They have fought to secure the benefits that Canadian workers now take for granted, whether it is a minimum wage or a five-day workweek, parental leave or health and safety regulations. When labour relations are balanced and fair, Canadian workers benefit, but the country does as a whole as well. In fact, the economy does as a whole.

Unions and employers must be on an equal footing when it comes to negotiating wages and other important issues and benefits that come up in the modern workplace. In the federal public sector, federal employees won the right to collective bargaining in 1967. At the time, Prime Minister Lester B. Pearson said in Parliament that this right is “rooted in the concept of equity and equality between the government as employer and organizations representing its employees”.

We are continuing to fight for this right today. The bill being considered today is strong proof of that principle and reflects that. It is strong proof of our commitment to restore a culture of respect for and within the public service. It is proof of the faith we have in Canadians and the positive and uniting values that hold our country together.

I am proud of the work we are doing as a government, and much of the work we are doing as a Parliament in the discussion of these issues, and also of the restoration of positive working relations with the labour unions, the labour movement, and the federal public service. I want to thank all hon. members of the House who have supported and continue to support our efforts to restore fairer public service labour laws.

As parliamentarians, our shared challenge is to continue to work in the spirit of respect and engagement. All of us can do this by supporting Bill C-62. It would go a long way toward recognizing the important role of our federal public service and the unions, the bargaining agents who represent them and protect their rights. It is the right way to show our support for our professional and exceptional public service employees and to recognize the important work they do every day on behalf of all of us in improving the lives of our citizens.

An Act to change the name of the electoral district of Châteauguay—LacolleGovernment Orders

December 6th, 2017 / 6:15 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I appreciated the speech by my colleague from Châteauguay—Lacolle, a riding whose name will change in due time. I want to reassure her straight off that the official opposition fully agrees with the substance of the bill and that we will be supporting the measure.

As my hon. colleague has shown, there is indeed a major anomaly in the name of the riding, which refers to Lacolle, a place that is not even located in the riding of Châteauguay—Lacolle, but rather in that of Saint-Jean.

On a related note, the crossing at the American border is still known as Lacolle, even though that refers to the municipality of Saint-Bernard-de-Lacolle. I thank my collague for that important clarification. In my own riding, in Quebec City, the Jean Lesage international airport is often referred to as L'Ancienne-Lorette airport, and yet, it is not located in L'Ancienne-Lorette, but rather in Quebec, but it still goes by its old name, even though L'Ancienne-Lorette is across the street. Much to my disappointment, I do not represent the Quebec City airport. It is a shame because aviation is a passion of mine, as I have often mentioned to the Minister of Transport. The airport and surrounding area are represented by the hon. member for Louis-Hébert, whom I value and respect.

We therefore agree with the change and appreciate the member's clarifications. She did a great job giving us the history of her riding and its parishes and towns and explaining the importance that should rightly be placed on having accurate names. I have two simple questions for my colleague regarding minor concerns.

First of all, I have always found it a little strange, to put it politely, that the names of federal ridings are so long. As I learned from the member, they cannot be more than 50 characters, but that seems very long to me. I always have a hard time remembering the name of the riding of my colleague from Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, which is not too far from my riding. Federal riding names can go on forever. Look at my colleague from Foothills. It is one word. It is simple, impossible to mess up. Louis-Saint-Laurent is the name of a former prime minister, so people do not mess that up either. However, when ridings have four or five names stuck together, even if it is under 50 characters, I still think that is too long.

I mention this because the member is proposing that her riding be renamed Châteauguay—Les Jardins-de-Napierville. If this is what the people want, I have no problem with it, and I support the member, since she took the time to listen to the people. However, I was quite surprised to see that they wanted to change a relatively short name to a rather longer name. I recognize that this is perfectly legitimate, historically speaking.

Furthermore, I am just as surprised as my colleague from Lethbridge and the NDP member that this member chose to raise this important issue, which we do support, in a private member's bill, when if she had just waited a bit, she could have included it in the omnibus bill that the minister will be introducing soon.

For the information of those watching and listening, every 10 years, the electoral map and the riding names are reviewed. In a so-called omnibus bill, which we have no problem with, the government includes amendments proposed by members. Members can be for or against them. It is a legitimate debate.

It is unfortunate that my colleague instead chose to go out on her own by introducing a private member's bill, instead of joining the 337 other members of Parliament who are going to participate in good faith in the government's process, which has the support of parliamentarians.

We all recognize and will fight for the right of the member to table that kind of bill. However, I will express my surprise, because she should have used another way to achieve exactly the same goals. We do support the goals, and we recognize that the population will too. That is fantastic and we do support it 100%. However, we are a bit surprised that she tabled a a private member's bill.

For us, a private member's bill is an important bill. A private member's bill is a front door bill. Why do I say that? It is because less than two years ago in the House, which my colleague from Foothills will remember, there was a strong debate about Bill C-4, introduced by the government, which was to kill two private members' bills tabled in the previous Parliament. They were Bill C-525 about democracy and unions, and Bill C-377 about transparency and unions. Those bills were tabled by Conservative members, but not the government.

For us, those private members' bills were front door bills. Unfortunately, the parliamentary secretary for the prime minister said many times in the House that the Conservative government used back door bills to table those pieces of legislation. What an insult. All members in this House are front door members. All bills tabled in this House are front door bills. No one here is a back door member, and no one here tables back door bills, contrary to what the member for Winnipeg North said so many times less than two years ago.

I am going to repeat what I just said. I want to make it clear that for us, all bills are front-door bills, regardless of whether they are private members' bills or government bills, legislative bills or money bills.

Less than two years ago, the member for Winnipeg North, the Parliamentary Secretary to the Prime Minister, no less, made a huge deal out of things and told the House that the Conservative government had used backdoor bills. These were private members' bills. These bills were about union democracy and union transparency. Sadly, they were killed off by Bill C-4, a bill tabled, debated, and passed by the Liberal government.

To be clear for the hon. member for Châteauguay—Lacolle, and I am sorry to refer to her with that title, but I know it will be over in less than two years, Conservatives support the will of the people 100%. We appreciate the hard work that has been done by the member, the fact that she listened to her constituents, and did her homework. That is fantastic. We are just a little surprised by how many members will have new titles, but if that is the will of the people, we will recognize and respect it. We are also a little surprised that instead of getting on the train, and I do not know if that is the right expression in English.

Instead of jumping on the omnibus bill bandwagon, the member decided to go a different route.

Instead of going with an omnibus bill, which we recognize she has the right to do, she decided to go with a private member's bill, while so many other issues could have been addressed as opposed to changing the name of a riding. This could have been achieved with an omnibus bill.

I want to reiterate that we agree with Bill C-377.

Patty Hajdu Liberal Thunder Bay—Superior North, ON

The call for proposals has just concluded. We're very excited about this program. This is extending our partnership with the skilled trades and also with the organized labour movement.

Look, the previous government made an extraordinary effort to decimate, I would say, the organized labour movement. We know that in fact organized labour and unions are a critical component to a strong and healthy middle class. That's why we introduced Bill C-4 and we finally passed it. I can tell you that unions are thrilled. They are so happy to see a strong government, a Liberal government, as a partner in ensuring a strong labour movement.

That's why we moved forward with union-based training. It's another way we can demonstrate to unions that we believe that the work they do is critical to Canadians, not just in the things they build and the work they do on behalf of all Canadians but also in ensuring that next generation of talent. We look forward to making announcements in the months to come about how we'll be supporting unions with both equipment and recruitment to ensure that every Canadian, regardless of their gender, their cultural background, their physical ability, or their place of birth, will have an opportunity to participate in the skilled trades.

Labour RelationsOral Questions

June 15th, 2017 / 3 p.m.


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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, I would like to thank the member for Vaughan—Woodbridge for his work on behalf of Canadian unions. This week was a great week for Canadian labour and Canadian workers.

Yesterday, the Senate passed Bill C-4, which is an act that repeals two Conservative bills that were both egregious, and deliberate attacks on organized labour. As well, our minister ratified ILO Convention 98, which is an act that guarantees workers' right to organize and bargain collectively. This government ran on a platform of fair and balanced labour laws, and we will deliver that to Canadian workers.

Concurrence in Vote 1—Privy Council OfficeMain Estimates, 2017-18Government Orders

June 14th, 2017 / 7:15 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, I heard the opening comments from my colleague across the way about how great the new Senate process has been for the Liberals. Then I thought to myself that it was interesting, because the Prime Minister is going to be forced to prorogue at some point this summer, because the so-called independent senators are gathering as a united party of united independents in the Senate, which means that they are going to have their own agenda. They are seeking committee chairmanships and committee placements. The only way those things can actually be done in the current system is through prorogation.

We have had numerous pieces of legislation come back to this House that the government has actually ignored. The government is hailing its new appointment process and is putting it out there as a spectacle for Canadians to buy. However, the government is not listening to any of the advice the senators have sent.

We are not sure if Bill C-4 is going to come back to the House a third time or if the Senate is actually going to pass it or accept the recommendations from the House. We now know that a budget bill, a confidence bill, has been split in the Senate. I have been here a long time, and I have never seen anything like this before.

The Liberal government on the other side is all about announcements, fuzzy good feelings, photo ops, and headlines, with no thought of the long-term consequences of the actions it is taking.

I would like my hon. colleague to stand up and say whether he and the rest of his colleagues will be accepting the amendments that come from the Senate on future legislation. Otherwise, the whole process is nothing more than a sham.

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, I listened very intently to my colleague's speech. My question for him in his capacity as a minister is not so much with respect to his portfolio but about the infinite wisdom of his leader, the Prime Minister, who has empowered the Senate, which has basically been amending numerous pieces of legislation such as Bill C-4 and other pieces of legislation and sending them back to the House, after which the government has subsequently ignored the wishes of the Senate.

What I want to know from the minister is this: what is he prepared to do and what is he prepared to say at the cabinet table when the Senate parses this bill and does not pass all of this budget implementation bill?

Extension of Sitting HoursGovernment Orders

May 30th, 2017 / 6:55 p.m.


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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Madam Speaker, anyone watching the debate at home would see that the parliamentary secretary laid out a very logical and truthful analogy of how this place has been running to date.

When I wake up in the morning, I think to myself, “What can I do today to help the Conservatives and the NDP?” I get seized with that question.

I just want to share with the new members that this does not play well back home. We had an opportunity to bring Bill C-4 forward in the House, but the NDP stood up and split the vote on whether the member should be now heard. We know that the CLC conference was going on in Toronto, and the NDP members were seen as being part and party to delaying Bill C-4 coming to the House. It is very important to organized labour, and they were taken to the woodshed.

I would like to ask the member—

Extension of Sitting HoursGovernment Orders

May 29th, 2017 / 1:35 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I will begin my contribution to this debate by reiterating what we have heard from a few members. I do not think the issue is that members mind sitting longer to accomplish important work. We were sent here to do that work. If there are things that need to get passed and we feel they are of value to Canadians, we are willing to do the work to get it passed. The issue is that sitting longer does come with real consequences both in terms of costs to the House by not just having MPs here, but all the staff that make debate in this place possible and that support this work. Having them come in to work overtime has a real cost. There is a productivity cost that may be incurred for some of us who stay up past midnight and then get up for eight o'clock meetings that will not get pushed back. That is fine, and it can be a reasonable choice to make. Sometimes we just have to get things done, which means staying later. Putting in some overtime is not a problem. However, the question is why we are in a situation that we have to do that.

It is important to understand how we got here. I do not think anyone would disagree with the claim that this is not ideally how one would run things around here. To ask MPs, or staff on the Hill, on relatively short notice, to stay until midnight, and then be back again every morning is not the ideal way to run the House of Commons. That is why it is exceptional and not usually done. I have not heard anyone today suggest it should.

Part of how we got here is simply. The government has been inept for a number of months. That ineptitude manifested itself when the government brought what it called a discussion paper to change the Standing Orders. It then, at the procedure and House affairs committee, where that would properly be dealt with before coming to this place, decided to move to close down that conversation. The opposition parties rightly reacted for a number of reasons. One was that it did not seem to be a good faith discussion when the government had said it wanted to have that and then moved to close it down. Therefore, it did not feel like the government was acting in good faith on that. However, the opposition members also rightly objected because all they were asking for, in order to embark on that conversation in good faith, was that the government would agree in advance to seek all-party agreement before moving ahead with changes to the Standing Orders. This was not some cockamamie scheme that the opposition parties of this Parliament came up with. It is a long-standing parliamentary tradition, which has worked to bring in significant parliamentary reform.

I grew up hearing stories of the McGrath committee at the dinner table. My father sat on that committee. It brought forth changes for the Speaker to be elected by secret ballot. That was a huge change. It also made private members' business votable, not in the way it is currently. It was the beginning of ensuring that at least some private members' business would be voted on.

These were just some of the substantial reforms that were made in the House via all-party agreement. Therefore, the idea that somehow we would never get all-party agreement, and it was just a pipe dream, is completely false. There are ample examples of that. The hon. official opposition House leader has outlined a number more, in fact, some dating back to the 14th century in Britain. Certainly, there are a number of cases where we have seen good reform come out of all-party work.

Therefore, the opposition said it did not think it acceptable for a government to unilaterally change the rules of this place. This place is meant to serve Canadians, not the government, and the interests of the government are not always the same as the interests of Canadians. Not wanting to depart too much from debate on the motion, the creation of the infrastructure bank is a good example of where the interests of the government do not align with the interests of Canadians. However, I will not get into that.

The filibuster that happened and some the time that was spent in the House, and there was a lot, was spent rightly. People were standing up to a government that thought Parliament was here to simply do whatever it wanted. We have seen that in Winnipeg with the call for an inquiry into the building of the new police headquarters. Because that project got out of hand and went way over budget, there are questions about whether the CAO of the city and the former mayor were involved or accepting money. Those questions are out there, and people are asking for an investigation. What people are rightly asking is whose hand was on the wheel, who was overseeing this and if it was not the job of backbenchers and opposition politicians to provide appropriate scrutiny.

That is what these tools of Parliament allow us to do. Standing up for those tools is part of that job. The “just trust us” attitude of the government is not sufficient. The government is not only saying “just trust us, we are doing a good job”, but it is talking about changing the rules of Parliament so we have no choice but to just trust it.

If the proposals in the discussion paper did not do that automatically, that was certainly the thrust and direction of them. The Liberals' way of doing it would set the principle and the precedent that a majority government could unilaterally change the rules of the House.

It is not our job to just trust the government. It is not our job to just help the government get legislation through the House. It is the government's job to get legislation through the House. By refusing to honour a long-standing parliamentary tradition of seeking all-party consensus, the government was at the root of the delay that happened in the House. As a result, it could not get its legislative agenda through. It is not even a very big legislative agenda, and that speaks to the magnitude of the Liberals failure as a government to work collaboratively with opposition parties.

As my colleague rightly pointed out, that was something the Liberals committed to doing. They made it a cornerstone of what they wanted to do. They said they wanted to work collaboratively and take the work of committees seriously.

How is the government taking the work of committees seriously when it presents a discussion paper on changes to the Standing Orders then moves to shut down the debate? How was it a sign of respect for the work of committees when the special committee on electoral reform came out with a proposal on how to advance the government's own election commitment? Even in the face of challenge and even though we said that we on this side of the House disagreed substantially on how we should or should not change our electoral system but nevertheless here was a path forward that we we could at least agree on, a general outline of what the process would look like, the government threw it back.

When we hear the government House leader today say that the government wants committees to do their great work and it wants more debate in the House, as if somehow we are to believe that this is really the motivation of the government, it is a challenge. It is a challenge on this side to take the Liberals at their word on those things because of what happened at PROC, because of what happened with Motion No. 6, because of what happened on democratic reform, and now with what is happening with this motion.

The government, essentially after botching its job, which is to guide legislation through the House and to work with other parties to do that, is now asking its backbench to make up for the mistakes, instead of looking at its cabinet, asking what has gone wrong, why has it been unable to advance its legislation through the House and what is that saying about the quality of the government's leadership.

These are questions the Liberals should be asking instead of asking all of us to put in extra time at the last minute to help them get through an agenda that they say is going to be positive for Canadians. That is fine. I do not believe that for a minute. Getting Bill C-44 through the House is not an important priority.

I would love to see the committee get to work on the infrastructure bank. When we proposed to separate that from the omnibus bill, the Liberals said no. They then had the audacity to stand here and say that they valued the work of parliamentarians and committees. Why not let a committee study that? The government House leader even went so far as to say that the government had the power to call witnesses and do an in-depth study. That was our point about the infrastructure bank, and the Liberals shut it down. For the Liberals to ask us to take their word that this is being done in good faith is a little much.

There are other aspects of this that would be useful to get into, but we are pushing up against the clock, not the least of which is the reforms that the Prime Minister has made within the Senate.

We have a chamber full of unelected people who are accountable to no one and it is sending bills like Bill C-4 back to the House. This is after two-thirds of Canadians voted for parties that said they wanted to see the anti-labour legislation of the last Parliament repealed. People who are accountable to no one have sent the bill back and have refused to pass it.

That has to get done. It should have been done a long time ago. It speaks volumes to the ineptitude of the Liberal Party that it has not already been done. It is a straight up repeal. It was a matter of getting it through the House and then getting it through the Senate. The Liberals failed to do that in a timely way. It is just an indication of how broken the Liberals are as a government that they cannot get such a fundamental piece of legislation passed. Granted it does not enjoy consensus because there is one party in th House that does not support legislation, but every other party in the House does, even the unofficial parties.

Four out of the five parties that won seats in the last election support the legislation, and the government still cannot get it passed. It does not even do anything new. It just restores labour law to what it was in 2012.

I will defer to questions and answers.

Canada Labour CodeGovernment Orders

May 17th, 2017 / 5:15 p.m.


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The Speaker Geoff Regan

It being 5:15 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the amendments tabled by the Senate to Bill C-4 now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Canada Labour CodeGovernment Orders

May 17th, 2017 / 5:10 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is such a pleasure to rise and talk yet again about labour relations. Since we have been in government, we have seen a focus on Canada's middle class, and those aspiring to be a part of the middle class. A big part of that is our economy, making sure that we are looking at ways in which we can expand the economy. We understand and appreciate that a healthy middle class, and a growing middle class is healthy for Canada's economy. That is one of the ways in which we expand upon it.

Why do I start on that point? It is because unlike the Conservative Party, we recognize that one of the ways in which we can further advance our economy is by encouraging harmony between management and employees. When we look at what Bill C-4 is all about, it is one of the earliest pieces of legislation we introduced as government. It rectified some bad legislation that the former Stephen Harper government had brought to the House of Commons.

My colleague, who was the critic for labour at the time, on several occasions spoke in the House and defended how important it was that we have a proper balance in labour relations. It is something which the former Conservative government members still have not learned. They are still out of touch with what Canadians want to see. We see that demonstrated on issues such as this. Once again, we have the Conservative Party that is out of touch with what Canadians want. We believe that Canadians want to have a balanced approach. If we are successful doing that, we will be contributing to more economic growth in our country, and that is something we all want to see.

I listened to the two Conservative questions, and members wanted to focus their attention on process. On the issue of time allocation, my colleague had it right. The Harper government used it in excess of 100 times, and Conservatives now want to focus some attention on that issue. It is interesting to see that it is not just the government that has recognized that the Conservative Party does not want to pass this legislation. If it were up to the Conservative Party, this legislation would never see the light of day. Conservatives use excuses of the Senate that the same applied during second and third reading. If we did not use time allocation, the Conservative Party would continue to fill the spaces with the idea of never seeing this legislation pass.

To the credit of the New Democratic Party and the leader of the Green Party, they recognized that. It is rare to see opposition parties get behind and support time allocation. That should speak volumes in terms of why this is good solid legislation, because we have a majority that goes beyond one political party in favour of time allocation on this piece of legislation. I thank my New Democratic colleagues and the leader of the Green Party in recognizing that Bill C-4 is a good piece of legislation. It is something which we talked about in the last election. To restore more positive labour relations was a part of our election platform, and it has been a long time coming as we tried to get it through. Finally, we are starting to see that the will of the House of Commons, which goes beyond just the government party, is to see this legislation ultimately receive royal assent.

We look forward to restoring, and sending the message that labour relations are important to this government. We recognize the valuable contributions that unions have provided in the past, today, and well into the future. As a government we recognize that, and we want to do what we can. In playing our important role, by passing legislation of this nature, it will send a strong message. We thank members across the way who are supporting the bill, and would encourage the Conservative Party to get onside, do the right thing, and support Canada's middle class.

Canada Labour CodeGovernment Orders

May 17th, 2017 / 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, I will be splitting my time with the member for Winnipeg North to give him an opportunity to get a few words on the record. I am sure everybody is looking to forward that.

I am happy to rise today to speak on the Senate amendments to Bill C-4, but first I want to say that I am very pleased that the Senate chose to accept to repeal Bill C-377 in its entirety. I will focus my comments today on the amendments that relate specifically to the repeal of Bill C-525, which deals with the fundamental right of workers to organize themselves into a union.

Everyone, including labour, employers, and government, wants a fair and legitimate certification process that would do two things. First, it would allow workers to make a free and informed decision about whether they want to join a union or not; second, it would be created through a fair and balanced tripartite consensus process that is based on fact, not ideology, and in which the changes to be made would not be imposed on the stakeholders.

Unfortunately, the lack of evidence for the need for Bill C-525 and the united opposition to the process it imposed on labour relations systems made Bill C-525 unsuitable legislation for changing a fundamental aspect of the Canada Labour Code. That is why I oppose the Senate amendments and would respectfully ask members of this House to do the same.

Let me share with the House the reasons for my opposition.

My opposition is first to the process through which Bill C-525 was introduced and passed. I know proponents of the bill say the process is unimportant and that the only thing that matters is the secret ballot. It is simply a case of “the ends justify the means” approach that we saw with the previous government.

This approach not only shows a complete lack of knowledge about good labour relations but also a total disrespect to the parties involved, the employers, labour practitioners, and regulators who have the responsibility to enforce a law that was developed through a poisoned process. Labour law systems are very complex, and the ones that work well are based on a delicate balance between the interests of labour and management that must be respected if and when reforms are to be made.

The stakeholders in the federal labour sector long ago developed a proven process to amend federal labour legislation. It is known as the tripartite process. As a result, there exists a delicate balance that serves fairly the interests of employers, unions, workers, and the Canadian economy.

The last major consultative review of part one of the Canada Labour Code occurred in 1995, and the subsequent report, entitled “Seeking a balance” was authored by the well-respected labour-neutral Andrew Sims.

Mr. Sims said that if labour laws are to be changed, it should be done because there is a demonstrated need due to the legislation no longer working or serving the public's interest, and it should be done on a consensus basis. Based on the testimony in the House of Commons and the testimony the committee heard from the major employer and employee groups as well as the evidence from the Canada Industrial Relations Board, Bill C-525 failed to meet that standard.

Beyond the process, let us talk about the evidence, or the lack thereof, for Bill C-525. The sponsor of the bill, the member for Red Deer—Lacombe, had justified the necessity for his bill by saying:

...when we see the mountain of complaints that end up at the labour relations board, it is concerning to me.

I think it would be concerning to everyone if in fact there was indeed a case such as this. Fortunately, it is simply not true. According to Canada Industrial Relations Board, there have been only two founded certification complaints against unions in 4,000 decisions rendered in the prior 10 years before Bill C-525 was passed. In fact, there were more founded complaints against employers than against unions.

A past chairperson of the CIRB, Elizabeth MacPherson, stated in committee testimony, “It's not a huge problem.” There was no evidence ever given to show that the federal card check system was not working in the best interests of workers in either its administrative effectiveness or in its abuse by unions to coerce workers to unionize. What the evidence shows is that employer interference and, more so, employee fear of employer interference is a real phenomenon and is the reason a mandatory vote system produces fewer union certifications.

Sara Slinn was referred to earlier in a previous speech. She testified at the Senate committee during the study of Bill C-525. She is a very well-respected expert on the issue. She said:

In sum, the research evidence shows that there is no support for the notion that votes are necessarily a superior mechanism to cards for determining union representation. Nor does it support the notion that union intimidation or pressure is a substantial phenomenon in certification. What it does demonstrate is that employer interference and, more so, employee fear of employer interference is a real phenomenon. It's effective, and it's more effective under votes than card-based mechanisms.

What is interesting to note is that the labour program under the previous government actually competed a study on the issue of card check versus mandatory voting at the same time Bill C-525 was being debated. That study concluded that:

...the use of [a mandatory vote] regime has been an important factor in the decline in union density in the Canadian business sector.

Unfortunately, the previous government buried that study, and it was only released when we took over the reins of government. It is a fair question to ask why that report was not released. I believe it was not made public because the report's conclusion supports the independent research that shows the answers to the critical question of why union density decreases under mandatory vote versus card check. The evidence shows it is not because workers do not really want to unionize but because there is a real or perceived threat.

Proponents of the secret ballot would have us believe that ideology trumps this evidence, that the secret ballot is the only factor necessary to ensure a democratic outcome. The member for Carleton quipped during his speech that the minister “used rhetoric to attack the secret ballot, which would make any third-world, tin-pot dictators proud.” That is right in Hansard too. It is he who would make tin-pot dictators proud by claiming the only factor necessary to prove that democracy has been served is solely the use of a secret ballot. The third-world tin-pot dictators that the member speaks of, like Robert Mugabe of Zimbabwe or Omar al-Bashir of Sudan, have all continued to remain elected through a system that uses a secret ballot. In fact, there are many countries around the world that conduct secret-ballot elections that many members in the chamber, perhaps all, would agree are not true democracies.

My point is that I do not think we can look at one factor in isolation to judge how effective and democratic a system is, including one that governs union certification. Instead, we must look at all factors in total that influence the process to determine how best to move forward.

Our government believes in a fair and democratic certification program, one that is based on evidence, not ideology or rhetoric, and is agreed upon through a respected tripartite process in the federal jurisdiction. We believe the card check certification is that system.

When our party ran for election, we promised to repeal these laws. We remain strongly committed to supporting the rights of workers. In order for workers and employers, society, and the economy to prosper, we need fair and balanced labour legislation. Bill C-4, as it was originally passed by 204 members in this House, would achieve that goal. I ask members to oppose the Senate amendments and restore fair and balanced labour laws in this country.

Resuming DebateCanada Labour CodeGovernment Orders

May 17th, 2017 / 4:35 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I want to pick up on one theme from my colleague's speech about the other place and the time it has taken to get this bill shuttled through.

There is a couple of ways one could interpret the story of the bill.

The one that is the most charitable to the Liberals, and the story they would tell, is that they are the victims of their own success. They made an independent Senate and now that Senate does not always behave as it should. In this case it has rejected the will of Canadian voters, who overwhelmingly supported parties that thought the anti-labour legislation of the Harper era should be repealed, and that took time. They will hopefully come up with a plan to get it through the second time, although it is not clear what the plan is and how long it will take.

The other interpretation suggested by some is that a number of important labour reforms have not happened. Some have been proposed, like in Bill C-34, I believe it is. We have not seen anything about the fair wages act coming back. We have not seen any full pay equity legislation. One wonders maybe if the government is not a victim of its own success, but that having Bill C-4 stay in the system is a convenient excuse to not be pursuing these other important labour reforms.

I wonder if the member wants to help us parse those various interpretations of what is going on.

Resuming DebateCanada Labour CodeGovernment Orders

May 17th, 2017 / 4:10 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, I rise to support the government's motion to disagree with the amendment by the Senate to Bill C-4. In fact, I am saddened to have to speak to this bill again.

Bill C-4 was passed by this House, with no amendments, and sent to the other place, where it was adopted at second reading and where it also went through the committee process, again with no amendments being tabled or adopted.

However, at third reading, certain members of the other House proposed amendments. Of course, as parliamentarians, it is certainly appropriate to study legislation before either place and to propose amendments that would improve or clarify the bill at hand. In this instance, the amendments proposed served to completely gut the bill. Senator Tannas' amendment would have had Bill C-525, from the previous government, reinstated. Senator Dagenais' amendment would have done the same with the previous government's Bill C-377. The latter was subsequently withdrawn, so I will speak to the remaining amendment.

The card check system for union certification seems to be a preoccupation of the Conservative members in this House and in the other place. One could put it down to ideology, I suppose, or consternation that something their party, their government, put in place while in government is being dismantled. That is understandable.

What is less understandable is the fact that the Conservatives continue to try to resurrect a law that has been judged by non-partisan experts to be unfair and unnecessary. Andrew Sims, vice-chair of the 1996 task force to review the Canada Labour Code, said:

...the two bills that are repealed by Bill C-4....both had the air of one side seeking political intervention for more ideological, economic, or relationship reasons, and they have corroded the view that legislative reform at the federal sector is based on the tripartite model.

At committee we heard testimony from respected experts, both employer and employee stakeholders and academics, that the previous government's Bill C-525 was a law that was enacted on the false premise that it was indeed the very bedrock of democracy, but nothing could be further from the truth.

Conservatives like to compare the union certification process to elections, but testimony and evidence from expert after expert debunked this claim. The analogy, simply put, is a false one.

Here is what Prof. Sara Slinn, associate professor, Osgoode Hall Law School, at York University, had to say about the previous government's Bill C-525:

...there is a faulty political election analogy at work here. Mandatory vote supporters commonly rely on a political election analogy founded on the view that certification votes are analogous to political campaigns and elections. The attraction of this argument is understandable, appealing as it does to ideas of free speech and informed choice and workplace democracy, but it's a false analogy.

The nature of union representation is not analogous to government power or political representation, and as a result, the nature of decision-making in a union vote is not analogous to that in a political election. First, the nature of the decision is different. Certification doesn't transform the employment relationship. It simply introduces the union as the employee's agent for the limited purpose of bargaining and administering any collective agreement that the union may be able to negotiate. The employer's overriding economic authority over employees continues in any event.

Secondly, there is no non-representation outcome possible in the political context. In political elections citizens vote between two or more possible representatives. There is no option to be unrepresented, so...if union representation elections were to be analogous to political elections, then it would be a vote among different collective employer representatives with no option for non-representation. That's simply not the system that we have anywhere in Canada.

It seems appropriate for me to once again refer to the testimony of Prof. Slinn, who also addressed the issue of the card check versus secret ballot votes for union certification.

...in terms of cards being a reliable measure of employee support, it's often contended that votes more accurately indicate employees' desire for union representation than cards, suggesting that card-based certification fosters union misconduct to compel employees to sign cards. Although this is possible, there is no evidence, either in academic studies or in the case law from jurisdictions that use this procedure, that it is a significant or a widespread problem. Anecdote isn't evidence, and certainly it shouldn't be a compelling basis for legislative change in the face of a lot of academic research finding that mandatory vote systems have negative effects on labour relations and that employer interference in certification is indeed a significant and widespread problem.

My Conservative colleagues want to seriously curtail, I believe, the ability of Canadians to join unions.

Whenever there has been adversity suffered by working people or unfair or unsafe working conditions, unions have been there to advocate for fairness and for safer and more humane working conditions. Unions have been at the forefront of raising awareness and fighting for issues that affect everyone, from the dangers of asbestos in the workplace to the plight of the next generation of workers facing a future of temporary and precarious work.

I am proud to recognize the efforts of the labour movement in Canada in educating Canadians about the scourge of asbestos. I know that all Canadians look forward to the day when asbestos is finally banned in Canada.

As we mark the 25th anniversary of the Westray mine disaster, when 26 miners were killed, I am also extremely proud of the tireless efforts of the United Steelworkers, whose advocacy on behalf of Westray families resulted in the Westray law. We just have to make sure that all levels of government enforce this law.

Unions and their members have long been the proverbial canaries in the coal mine, raising the alarm on many important issues, and any attempt by the Conservatives, whether in the House or in the other place, to make it harder for Canadians to join unions begs the question why. Why the attack on the constitutional right of working men and women to organize themselves in joining unions?

Canadians have the right of freedom of association, and the card check system has served Canadian workers and Canadian workplaces well for decades. The previous government's Bill C-525 was just a thinly veiled attempt, based on dubious anecdotal examples, to tip the balance to the side of the employer, and employers already have the upper hand in most instances.

Rather than refute, once again, the many problems with Bill C-525, allow me to ask my Conservative colleagues what their motivation was in bringing in such an obviously anti-union, anti-worker, and therefore, in my opinion, anti-democratic law?

To quote Hassan Yussuff, from the Canadian Labour Congress:

Why would an employer care if the workers want to join the union? If it's their free democratic and constitutional right in this country, why would employers want to interfere in it other than the fact that if you do have a vote, it gives the employer time to use all kinds of tactics during the time the vote has been ordered? I could list some of the companies that clearly said they were going to close the facility, or cut people's salaries, or lay people off. Of course, ultimately it changed the workers' ability to truly exercise their free choice.

There is no reason to make it harder to join a union other than to tilt the playing field unfairly toward employers.

As I mentioned earlier, it gives me no pleasure to stand here today to speak to Bill C-4 again. In September 2016, I stated in the House my hope that Bill C-4 would receive swift passage so that the risks and restrictions brought about by the previous government's Bill C-377 and Bill C-525 would cease to exist. However, here we are in May 2017, in a déjà vu situation. Just as the previous government's Bill C-377 and Bill C-525 were enacted by the Conservatives in a less than straightforward fashion, as part of an omnibus bill through a private member's bill process, as opposed to being introduced and debated as government bills, so too have the Conservatives in the Senate engaged in what I believe are questionable tactics.

Bill C-4 had already been adopted at second reading in the Senate, studied at committee with no resulting amendments, and yet Conservative senators decided to break parliamentary tradition and propose amendments at third reading. According to the Canadian Encyclopedia:

The Senate has not vetoed a bill from the Commons since 1939. The Senate now very rarely makes amendments of principle. The amendments it does make to bills now are almost always related to drafting—to clarify, simplify and tidy proposed legislation.

The amendments proposed by the hon. senators Tannas and Dagenais were most definitely not to clarify, simplify, and tidy, but rather were designed to torpedo the contents of the entire bill. While the motives of the aforementioned senators are very clear, it remains a mystery as to why and how the government seemed unable to shepherd its own bill through the upper chamber.

Back in September when Bill C-4 was first debated, I congratulated the government on making good on one of its election promises. It would seem that my congratulations were a bit premature. I hope the government will take its responsibilities seriously and work diligently to ensure that it keeps this particular promise to Canadians to restore some balance to the collective bargaining process and to eliminate the onerous and unnecessary financial reporting requirements that the previous government imposed on unions.

I had also enumerated for the government the many ways that we as lawmakers could make life better for Canadians. Last fall, at the one year anniversary of the election, I expressed hope that the new government that had promised equality for women, fairness for indigenous people, and sunny ways for all would work closely with all members in this House, as well as unions and civil society, to bring about better jobs and a more secure future for all Canadians. I am disappointed that seven months later, one of the government's very first pieces of legislation has yet to be passed. How much longer do workers have to wait?

The NDP said that Bill C-4 was a good first step, but we reminded the government that there is still much work to be done. The previous government's omnibus bill, Bill C-4, had decimated the health and safety provisions for public sector workers. We need to restore these important safeguards for the people who deliver our essential public services.

As part of the promised labour policy reform, we asked the government to bring in legislation to update and modernize the Canada Labour Code. As we know, sections of the code that deal with workplace harassment, hours of work, overtime pay, and vacation entitlements are about 60 years out of date. It is time we modernized the code to reflect the reality of today's labour market. We have yet to hear from the government about this.

Given the rise in precarious and involuntary part-time employment, will the Liberals work with unions to ensure that part-time, temporary and self-employed workers have the right to the same workplace and labour protections as other Canadians? These workers are faced with a host of added challenges that include eligibility for EI benefits, and erratic hours that create challenges in pursuing an education, arranging child care, and qualifying for a mortgage.

When will the government commit to reinstating a fair minimum wage for workers in federally regulated sectors? Some provinces and municipalities are already acknowledging that a living wage will make a huge difference in making life more affordable. Will the government step up and lead the way?

We heard just the other day in this House how the government will be pursuing a national poverty reduction strategy. A critical element of a poverty reduction strategy, I would say, and I think most people would agree, is a federal minimum wage. As I have said before, another sad fact is the disproportionate number of workers who would be helped by a federal minimum wage are women and young people. We cannot afford not to act.

Through a combination of policy and propaganda, the previous government started to dismantle the system of protections put in place by decades of advocacy by labour organizations and unions. Their right-wing agenda has generated policies that have hurt the environment, social services, and all workers, but especially persons of colour, indigenous communities, women, the poor, and other marginalized groups.

It is way past time for the federal government to bring in stand-alone pay equity legislation. We have studied this issue and consulted, and the evidence is clear and undeniable. Two committee reports have called for action, yet the government is making women wait. It is unconscionable.

All these are contributing factors to greater income inequality. If the government is truly sincere about helping the middle class, then it must immediately address all of these issues. If the government cannot manage to stickhandle its own bill through the legislative process, what hope do we have that these pressing issues will ever get the attention they deserve? Affordable child care, pay equity, decent accessible housing, and a living wage are all measures that would help Canadians from all walks of life.

It is not enough to state that one is a feminist. It is not enough to stand beside union men and women during the election and raise one's fist in solidarity. These are just words and gestures. We must follow that talk, that show of support, with actions, with leadership, with the hard work of making hard decisions.

It is time to stop the rhetoric of gender lenses, gender-based analysis, of consultation, discussion, of a whole-of-government approach. It is time to act. It is time to do the hard work of governing. It is time to stop blaming the previous government for the inaction of the present government.

The government must pass this legislation. The Liberals must bring in the changes they promised the working men and women of this country. I urge the government to finally make good on its promise to repeal the previous government's Bill C-525 and Bill C-377 and to urgently turn its attention to all the pressing issues facing Canadians. My NDP colleagues and I stand ready to help.

The House resumed from May 5 consideration of the motion in relation to the amendments made by the Senate 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.

Bill C-4—Time Allocation MotionCanada Labour CodeGovernment Orders

May 17th, 2017 / 4 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, an agreement has been reached between a majority of the representatives of recognized parties under the provisions of Standing Order 78(2) with respect to the consideration of 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. Therefore, I move:

That, in relation 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, not more than one further sitting day shall be allotted to the consideration of the Senate amendments stage of the said bill; and

That, fifteen minutes before the expiry of the time provided for government orders on the day allotted to the consideration of the Senate amendments to the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and in turn every question necessary for the disposal of the stage of the bill then under consideration all be put forthwith and successively without further debate or amendment.

Government AppointmentsOral Questions

May 17th, 2017 / 2:25 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, if you want to build something strong, you shall respect the authority of the House.

That is the problem with this government. It believes that it can do whatever it wants, not just with the infrastructure bank, but also with Investment Canada. Yesterday, a minister said in a parliamentary committee that the government was in the process of choosing a new president for this other government organization, which has not been approved yet because Bill C-4 has not yet been passed by this Parliament.

Once again, can the Prime Minister explain why he is flouting Parliament's authority?

Public Service Labour Relations ActGovernment Orders

May 16th, 2017 / 5:20 p.m.


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NDP

Cheryl Hardcastle NDP Windsor—Tecumseh, ON

Madam Speaker, I would like to ask my hon. colleague if he can clarify some of the contradictions I have heard. The work in committee is something that is very aspirational. Bill C-4 was supposed to address many shortcomings and some regressive moves on the part of the previous government. This is now coming back and we are seeing more contradictions as the changes are explained. For instance, there was a Senate amendment to move all grievances under the Public Service Labour Relations Act instead of the RCMP Act. Does the member disagree with the report on workplace harassment in the RCMP, as recently as May 15, and if so—

Public Service Labour Relations ActGovernment Orders

May 16th, 2017 / 5 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

That is okay, Madam Speaker. I have what people call selective hearing, so I am okay with heckling.

I want to emphasize that the discussion on the secret ballot was better served during the debate over Bill C-4. That bill put the discretion of the secret ballot or a card check process for certification back with the labour board. The board will ensure that the interests of RCMP members are reflected in the choice made. Why is member after member from the Conservative Party insisting on limiting that choice?

In fact, as a government, it is important we promote, encourage and put into place a uniform approach to labour relations. That makes sense. One group should not be different than another group, but the Conservative members consistently demonstrate they do not understand that principle. Why do they not understand the value of having a uniform approach on union certification across the public sector? I anxiously await an answer from any one of my Conservative colleagues.

I started by speaking to the issue of time allocation. I was here during questions and answers with regard to time allocation. I made the suggestion that when I was in opposition, it did not take very much for any group of 12 members of Parliament to in essence tie up legislation for quite a long period of time. If they are creative, it does not take much for 12, let alone 20, 30, or 40 members to do that. In fact, I remember sitting in the opposition benches when I indicated we needed a responsible opposition to assist in passing legislation, and Hansard is wonderful because we can find the quotes. We do not pat ourselves on the back because we can hold up legislation. Any opposition can do that.

What is the purpose of what the Conservatives are attempting to do here? They have made their position very clear. They do not like unions and their mission is to continue to delay indefinitely. They will argue that every member not only should be entitled once but twice, possibly even three or four times, to speak to the legislation because they do not want the legislation to pass. Therefore, when the Conservatives say that the government has put in time allocation, the first thing I would remind them is that Stephen Harper used it over 100 times. Even when the Harper government brought in time allocation, I often said that at times I felt sorry for the government. I recognized that one opposition party would talk about anything and everything, and that could frustrate the system.

When we bring in legislation, I respect the fact that we want to ensure there is an adequate amount of time for debate on issues. I like to consider myself a parliamentarian first and foremost in being able to contribute to debate and ensure there is, at the very least, an appropriate amount of time. On the issue of labour and labour relations and the whole certification, there have been many hours of debate inside this wonderful, beautiful chamber, inside our committee rooms, in the other place, not only in the last 18 months, under this government, but in the last couple of years of the Stephen Harper government. No one is saying anything surprising or shocking on the issue. It is a lot of rehashing of what has been said already.

The Prime Minister has been very clear in recognizing that if a standing committee comes up with ideas that can improve on the legislation and those improvements can be incorporated into the legislation, the government is open to that. That same principle also applies for the Senate of Canada.

I am pleased to reinforce that once again we have another piece of legislation in which the government has recognized some changes to it. That is a strong and positive thing.

However, let us not kid ourselves. The government House leader tries to fulfill her responsibility in getting the legislation through the House. Without time allocation or the goodwill of opposition members, it is virtually impossible to do that unless members are prepared to see the legislation pass in an appropriate time.

We have a limited amount of time for debate. Mid-June is coming really quickly and there is so much more we want to debate. There are oppositions motions to debate, and I always find them interesting. Even in opposition, there are limitations in passing things. A number of Conservatives, and even some New Democrats, ask about time allocation. That is the essence of why we have it today.

The government has listened to members of the Senate and members of the House on other aspects of the legislation and has allowed changes to Bill C-7, for example, more issues can now be collectively bargained, such as harassment issues. That was expanded upon because the government listened to members of House and Senate.

The bill provides an appropriate labour regime for our RCMP members to stand up for their rights. We wanted to achieve that, not only because of the direction given by the Supreme Court of Canada but because it was important to recognize that other law enforcement agencies were unionized, and things continue on relatively positively.

If we take a look at the men and women in the RCMP, who serve as officers or are in our reserves, and the incredible work they do, not only in Canada but abroad, I cannot understand why someone would oppose affording our law enforcement agency the opportunity to organize. That is a strong positive. We can reinforce that positive message by passing this legislation. I would encourage members, particularly in the Conservative Party, to send that positive message by voting in favour of the legislation.

It is important to recognize that the Senate offered five key amendments, and consequential amendments. Some of the amendments have been accepted by the government and others have not. However, the department has been very thorough in reviewing all the suggestions from the other House.

Some concerns have been raised by the New Democrats with respect to Bill C-7. Our response to the Senate amendments gives labour relations and collective bargaining regimes to allow our RCMP members to stand up for their rights.

We listened to the Senate and the members of this House by expanding the issues I pointed out earlier dealing with bargaining.

The idea that RCMP members can only collectively bargain pay and benefits is just not correct. That is an impression my friends in the New Democratic Party are trying to give out, and we know that it is not correct. They can collectively bargain a host of different issues, such as the terms and conditions for grievances and procedures for classification and workforce adjustments.

They can also bargain on issues such as harassment, something that is very topical. When we sat in opposition, one of my colleagues from Toronto often talked about harassment that was taking place and the desire to see something happen on that issue. I am glad it is being incorporated. I am sure all members are happy to see that.

There are issues the Conservative Party raises. It is no surprise that the Conservative Party is against the collective bargaining rights, per se. As the government, the Conservatives brought in anti-labour bills, which I made reference to, Bill C-525 and Bill C-377.

Bill C-4 deals with the issue of mandatory secret ballots. Bill C-7 was initially silent on this issue, because there should be a uniform approach across the public service. That is something the Conservatives need to recognize.

I want to recognize the agreement reached between the RCMP and the Government of Canada on April 6, 2017, which saw a significant increase in pay for our RCMP, which I think will go a long way in demonstrating the respect we have for the fine work they do.

I thank you, Madam Speaker, for the opportunity to share a few thoughts and words.

Public Service Labour Relations ActGovernment Orders

May 16th, 2017 / 4:55 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

We know in reality that is not true. There is more to it, but they have emphasized that. In the debate on Bill C-4, which we have somewhat concluded, what did the Conservatives talk about? The secret ballot once again.

If listened to the debates in the other House, once again it was about the secret ballot.

Public Service Labour Relations ActGovernment Orders

May 16th, 2017 / 4:50 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is always a pleasure to rise and speak on labour legislation. It not new for me, in that one of the very first speeches I gave as an elected official was during a fairly hot debate in the Manitoba legislature in 1988 on final offer selection. One of the issues back then that I picked up on relatively quickly was the importance of labour laws and how important it is for government to take an approach that promotes harmony within the workplace.

We have seen this government take this issue very seriously. It dates back to when the Prime Minister became the leader of the Liberal Party and we made the appointment of our labour critic. I often saw him stand in the House to criticize the government of the day for some of the anti-labour legislation that was being introduced through the back door, legislation that the government was quite eager to get behind and support. If I reflect on my early days of being a parliamentarian, what I witnessed while I was in opposition was an attitude that did a disservice to labour harmony in our country. We saw the Harper government try to use the politics of labour as a wedge issue, and it was very much anti-union. There is a substantial cost for that.

We need a national government to demonstrate leadership on that file, and that is why I was so glad that the Prime Minister took this issue very seriously as the leader of the third party of the House. He brought it into the election campaign, and we all know what happened in the last election. It is important to highlight that the first pieces of legislation we brought in were what we are debating today, Bill C-7 and Bill C-4. I choose to believe that Bill C-4 rectified some of the problems that Harper created.

Bill C-7 originates from a decision from the Supreme Court of Canada that indicated we should be providing a mechanism to allow our RCMP and reserves the opportunity to be associated as a labour group. That was an excellent ruling by the Supreme Court of Canada, but ultimately the Conservatives were quite content just to sit on the issue.

Public Service Labour Relations ActGovernment Orders

May 16th, 2017 / 4:20 p.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, I am sharing my time today with the member for Mégantic—L'Érable.

I am very pleased to be following the wonderful speeches made earlier today honouring our colleague, the Leader of the Opposition.

I am pleased to speak to the government's motion respecting amendments brought forward by the Senate to Bill C-7.

I want to acknowledge, in the same manner that my colleague from Brandon—Souris did, that the Conservative Party respects the Supreme Court's decision that RCMP officers are entitled to organize and bargain collectively. We recognize the great work of the men and women of the RCMP.

In much the same manner as Bill C-4, which is currently back before the House, the Senate has demonstrated a willingness to apply democratic principles to flawed legislation. I welcome this attention to democracy from the Senate and I am pleased to speak in favour of the Senate amendment regarding secret ballots, which the government has chosen to ignore in practice and attack in debate.

I have to openly wonder why it took the government 11 months to respond to amendments from the other place. The amendments from the Senate are substantially similar to the amendments to Bill C-7 last year when it was before committee. Last year, the government ignored the amendments as this legislation was deemed, in its words, too critical, so critical, in fact, that the government invoked time allocation to rush it through this House. Now, though, it appears that every bill is critical, of course, as time allocation seems to be used on every bill that the government bumbles through the House.

Upon receiving amendments from the Senate on this so-called critical bill, the government then promptly sat on the bill for almost an entire year. The Parliamentary Secretary to the President of the Treasury Board claims the government was “doing the thoughtful, careful analysis required to explore the whole portfolio of amendments made by the other place and to come forward with our response to have a robust regime for collective bargaining for the RCMP.”

I was personally shocked that she missed mentioning a whole-of-government approach and helping the middle class and those working to join it as an excuse for the delay. Let us rush the bill through because it is absolutely critical and then sit on it for an entire year because the government needs to carefully and thoughtfully consider the analysis. Why the government did not do that originally when drafting the bill or when similar suggestions were made in committee is beyond me.

Funnily enough, though, in spite of the government's odd stalling, Bill C-7 was, for the most part, a reasonable response to the Supreme Court's ruling on RCMP officers' rights to collectively bargain and organize. I cannot, however, endorse any bill that refuses to grant union members the right to vote in a secret ballot on whether to unionize.

I asked the Parliamentary Secretary to the President of the Treasury Board if she could tell us specifically why she thinks a card check system is better than a secret ballot system. In my question, I noted that secret ballots are used to elect members in this place, all the way down to simple acts like choosing high school student councils. On a question as important as whether or not workers want to join a union, why should those workers not be given the same priority?

In response, the parliamentary secretary criticized me for comparing the critical work of the RCMP to high school student councils. I do not take offence to such inane criticism from the member as it was evident she did not have a response to the uncomfortable reality that the government is endorsing anti-democratic principles.

In a follow-up question from my colleague from Calgary Rocky Ridge, the parliamentary secretary claimed that it is fairer to “restore the choice...for the Public Service Labour Relations Board to ensure whether the secret ballot or the card check system is in the interests of the members in a particular situation.” She also questioned why the RCMP should be “singled out for a more restrictive certification process than all the other groups that bargain with the government in labour relations.”

I have two responses to that. First, it is a poor justification for maintaining an anti-democratic system. It is an argument for keeping things the same because nothing else is changing. It is, frankly, a remarkably nonsensical excuse for denying democratic rights to workers and prospective union members. Second, we are not trying to single out the RCMP. We have consistently argued for the rights of union members and for the transparency of unions. Bill C-7 is one in a long line of examples where Conservatives have argued for greater transparency enshrined in law, which unions must follow.

Unions are like any employer organization. By virtue of their position, they necessarily have coercive power over their members and workers in a workplace. There is no logical reason why members opposite should argue that employers, through their scale and resources, possess undue power and influence over workers, but that unions, with their scale and resources, do not. Secret ballots balance out the power structure and ensure that workers come first.

The government has provided no indication that it recognizes the power imbalance and heavy entrenchment of unions, nor has it demonstrated any indication that it supports transparency in unions. On this side of the House, we believe in transparency, and we believe in legislation that strengthens the rights of individuals to make a choice free from intimidation.

When the parliamentary secretary asks why Conservatives want to single out the RCMP, the simple answer is that we will happily single out any organization for greater individual rights and greater transparency. RCMP members would be a good start, but all workers should know that this side of the House will stand up and defend their rights.

In a speech to the House last week, the member for Brandon—Souris reminded the House as follows:

...that in a briefing presented to the public safety committee, it was told that all previous certifications of public sector unions were done by secret ballot. By accepting this amendment, [the government] would actually treat the RCMP equally in terms of certification or decertification, as other public sector unions.

The parliamentary secretary is wrong for trying to justify anti-democratic legislation because current unions do not use secret ballots. She is wrong to argue that Conservatives are trying to single out the RCMP, because we have long argued for greater democracy and transparency. She is wrong to single out the RCMP because previous certifications of public sector unions were done by secret ballot, meaning that the Liberal government is actually singling out the RCMP for non-democratic treatment.

This is the second union-related bill that the Senate has sent back to the House with amendments calling for protection of the secret ballot certification process. It might be because the Senate has a point. Secret ballots are the only way to ensure union members can choose their future free from intimidation. The excuses put forward by the Liberal government do not justify denying democratic rights to workers.

I want to quote my friend and colleague the hon. member for Durham, who stated:

...my friends in the other parties are in Parliament not through a card check of their voters and their constituents but by their secret ballot vote, which is a fundamental tenet of our democracy.

It bothers me that we would suggest the federal government and the federal government's unionized work environment would have the same sort of intimidation stories you hear in relation to some private sector unionization efforts from years ago with unfair labour practices....

He is correct. The importance of the secret ballot cannot be understated, and must be upheld.

In researching some of the history of the secret ballot, I was reminded of the history of voting in the U.K., reading about the People's Charter written by the London Men's Working Association. As late as the mid-19th century, voting was still done by public show of hands at hustings. Given the prevalence of intimidation of voters, the demand for a secret ballot was one of the six key points of the People's Charter and the chartists' 1838 petition that “suffrage, to be exempt from the corruption of the wealthy and the violence of the powerful, must be secret.” The charter's points were not passed into law at that time. Unfortunately for all, the voting process was not made secret until the Ballot Act was passed in 1872. Voters in the U.K. fought for decades for secret ballots because it was the only method to protect their votes from intimidation. That the Liberal government is stuck in the mindset of the 19th century is quite disheartening.

In closing, I want to reiterate the comments made by my colleague from Brandon—Souris in quoting the hon. member for Carleton, who originally spoke on the legislation. He said that, in removing the right of a secret ballot, it was important to be very clear on what this meant. It meant that a union could take over a federally regulated workforce without there ever being a vote by a member from that workplace, and that thousands of employees from any number of federal employers could be forced to pay dues and be represented by a union for which they never had a chance to vote.

He noted that this would be particularly alarming when it related to the RCMP, an organization composed of members who put their lives on the line each and every day, in part to defend our democratic lifestyle. Therefore, it is great irony that members of the RCMP would be deprived of the most basic democratic right, which is the right to vote in secret on whether to certify a union, while they stand and defend our democratic rights.

I will reiterate my support for the Supreme Court's decision, and I firmly believe that RCMP members should be given the right of a secret ballot. I cannot support legislation that removes the ability of workers to choose their future, of their own volition and without fear of intimidation from anyone.

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May 16th, 2017 / 4:20 p.m.


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Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Madam Speaker, I thank my honourable colleague for his question. I know that the issue of a mandatory secret ballot seems to be important to the official opposition.

However, after hearing from many witnesses and taking the time to reflect on everything that we read and heard, after analyzing the Supreme Court of Canada decision and the Senate's recommendations, and after hearing from the main party involved, the RCMP, which is not calling exclusively for a secret ballot, the government is rejecting this amendment or proposal because it runs counter to Bill C-4, which would restore fair labour relations.

On the contrary, we believe that the Public Service Labour Relations and Employment Board must decide, on a case-by-case basis, whether a vote or a card check is the most appropriate and fair method in the certification process. There is no reason to treat the RCMP differently in that regard.

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May 16th, 2017 / 4:10 p.m.


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Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Madam Speaker, I am delighted to have the opportunity to participate in the debate on the motion presenting the government's proposed response to Bill C-7.

This bill takes a historic step in labour relations for the RCMP and in Canada. If the bill passes, RCMP members and reservists will for the first time have the same right to collective bargaining as other Canadians. RCMP members have a long tradition of exceptional dedication to their country. We just celebrated the 100th anniversary of the Battle of Vimy Ridge and it is fitting that we point out that many valiant RCMP officers fought in that battle.

In fact, during the First World War, the Canadian government initially refused to send RCMP members overseas. However, a good number of them did not accept this decision. They decided to leave the North West Mounted Police in order to join the Canadian Expeditionary Force. During the Battle of Vimy Ridge, these members fought with the Canadian Armed Forces and many of them served with distinction.

A century later, RCMP members are just as courageous. Whether fighting drug trafficking on the ground or dealing with organized crime in the trenches, they are on the front line of public safety and we must ensure that they are working in a safe environment.

As far as harassment is concerned, I can assure my colleagues that the government is taking this issue very seriously. The government and the RCMP are determined to create a workplace free from harassment. We want to ensure that there are solid processes in place to deal with allegations effectively and safely.

I want to thank Ms. Fraser and the Civilian Review and Complaints Commission for the RCMP for their work on the reports on harassment in the RCMP that were released this week. I also want to thank the courageous people who agreed to be interviewed for these reports. It is important that we all support the work of RCMP members and that we take all the appropriate measures to help them exercise their right to collective bargaining, which brings us to Bill C-7.

The Government of Canada is proposing this bill in response to an important ruling issued by the Supreme Court of Canada in January 2015. In that ruling, the Supreme Court found that the provisions that exclude members of the RCMP from the application of the Public Service Labour Staff Relations Act were unconstitutional because they prevented members from deciding on their own, like all other Canadians, whether they wanted to be represented by a bargaining agent.

I want to thank the Supreme Court of Canada for rendering that important decision, which has given us the opportunity to modernize the labour relations regime for RCMP members and reservists.

Bill C-7 gives members of the RCMP the freedom to choose, if they so desire, to unionize and bargain collectively through that union to make their needs known to their employer. It is the same freedom of choice enjoyed by all other police forces in Canada, which I think is important to point out.

The bill sets out to protect the rights of RCMP members while protecting Canadians and keeping them safe. The bill has been subjected to rigorous scrutiny by experts, stakeholders, and Senate and House of Commons committees, and we acted on their recommendations by making changes very early on in the process to things like how work-related injuries are handled.

In its response, the government accepted some of the amendments proposed by the Senate, amended some, and rejected others. Among other things, the government agreed to strike the RCMP-specific restrictions on bargaining and arbitral awards from Bill C-7 and to adopt a more targeted management rights clause.

These amendments will enable the employer and any future bargaining agent for RCMP members to hold good-faith discussions about issues that matter to RCMP members and reservists. This approach will preserve the commissioner's authority to manage the RCMP and ensure the operational integrity of the police service and the broader accountability of the RCMP for the safety of Canadians.

Certain limitations regarding issues that can be included in collective agreements and arbitral awards have been maintained. They are in line with existing provisions in the Public Service Labour Relations Act that apply to the rest of the federal public service.

The government is also rejecting the requirement regarding secret ballot voting to elect the bargaining agent who will represent RCMP members and reservists.

It is important to point out that Bill C-4 does not deny the RCMP the opportunity to hold this vote by secret ballot. All it does is allow the Public Service Labour Relations and Employment Board to decide what is best based on the circumstances, either a secret ballot or a card check procedure.

In addition, if the bill does pass, the chair of the Public Service Labour Relations and Employment Board must take into account the need to have at least two board members with knowledge of police organizations when making appointments.

Nor does the government want to expand the mandate of the Public Service Labour Relations and Employment Board to have it hear grievances on a broader range of issues relating to working conditions. This would be inconsistent with how the Public Service Labour Relations Act is applied to the rest of the public service and would create an overlap of appeal and grievance procedures that are established under the Royal Canadian Mounted Police Act.

Thanks to the government's proposed response, we have maintained the best bill possible because it takes into account countless hours of debate and healthy discussions. Accordingly, we must not delay any further.

As currently worded, the Public Service Labour Relations Act does not fully take into account the concerns and interests of RCMP members or their operational reality.

That is why we must move forward with Bill C-7 and implement a labour relations regime that provides RCMP members and reservists the freedom to choose to be represented by a bargaining agent and that takes into account the specific needs of a national police force.

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May 16th, 2017 / 3:55 p.m.


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Liberal

Nicola Di Iorio Liberal Saint-Léonard—Saint-Michel, QC

Madam Speaker, as a member of the Standing Committee on Public Safety and National Security, I am pleased to have this opportunity to speak in support of the government's proposed response to the amendments to Bill C-7.

I will be sharing my time with the member for Madawaska—Restigouche.

Our proposed response to the amendments is in line with our stated position. In this response, we demonstrate our support for the dedicated and proud members of Canada's national police service. Who could be more deserving of such support than the dedicated and proud members of Canada's national police service who protect Canadians on so many fronts?

Members of the RCMP come to work every day with the goal of serving Canada and protecting Canadians. They are the people who protect the Governor General, the Prime Minister and other ministers of the crown, visiting royalty and dignitaries, and diplomatic missions. They are the people who participate in international policing efforts, who safeguard the integrity of our borders, and provide counterterrorism and domestic security. They are the people who enforce our federal laws against commercial crime, counterfeiting, drug trafficking, and organized crime. They are the people who provide policing services under contract to eight provinces, the three territories, and more than 150 municipalities.

This bill, with amendments, helps support those who protect us, and these men and women who are recognized as a symbol of Canada around the world deserve our respect.

In addition, over the past few years, the RCMP has taken action to promote a respectful and healthy workplace. For example, a new code of conduct was implemented that specifically identifies harassment as a contravention of the code. Harassment in the workplace is an issue the Government of Canada takes very seriously. Discrimination based on gender or sexual orientation, as well as bullying and harassment, is simply unacceptable.

What is more, in February 2016, the Minister of Public Safety asked the Civilian Review and Complaints Commission to undertake a comprehensive review of the RCMP's policies and procedures on workplace harassment, and to evaluate the implementation of the recommendations the commission made in 2013.

In addition, in July 2016, the Minister of Public Safety announced the appointment of Sheila Fraser as a special adviser. Her role has been to provide advice and recommendations to the minister regarding the application of various policies and processes by the RCMP after the filing of legal proceedings against the organization in four specific cases. The recommendations by Ms. Fraser and the commission will be carefully reviewed, and will inform further work on improving the workplace of the RCMP. I would like to thank Ms. Fraser and Ian McPhail for their work, as well as the many individuals who agreed to be interviewed and who provided information that led to the findings and recommendations.

I should also mention that the RCMP has launched the informal conflict management program and a five-year mental health strategy for all employees.

The RCMP has made great strides with the initiatives, programs, and policies it has implemented. These steps are important not only to the RCMP but ultimately to Canadians who rely on them for integrity and effective policing. Our proposed response to the amendments increases the scope of what can be discussed and potentially included in a collective agreement to include issues such as harassment.

Let me turn to the specifics of the government's response to these amendments. As I just stated, our government accepts the amendment to remove the restrictions on what may be included in collective agreements and arbitral awards that are specific to the RCMP. This amendment ensures that the employer and any future RCMP member bargaining agent can engage in meaningful discussions in good faith on topics of importance to RCMP members and reservists. This amendment increases the scope of the issues that could be discussed at the bargaining table, issues that now include transfers and appraisals, and matters commonly associated with harassment, and general aspects of workplace wellness, such as the promotion of a respectful workplace and early conflict resolution.

It is in support of our national police service that we also accept, with some modifications, the amendment to include a management rights clause as part of the new labour relations regime for RCMP members and reservists. We have the utmost respect for the commissioner's authority to manage the RCMP and to ensure the operational integrity of the police service.

What is at stake here is the safety and security of Canadians. Keeping Canadians safe is a serious responsibility, and our government takes this responsibility seriously. We propose a more targeted management rights clause to focus on the authorities that the RCMP commissioner needs to ensure effective police operations. We do this because we also value the rights of the RCMP members and reservists, the dedicated men and women who risk their lives every day to keep Canadians safe.

With these two measures alone, I am confident that the motion before us today addresses the key concerns with the bill. We must preserve the restrictions on what can be negotiated that replicate those that have applied to the rest of the federal public service for over 40 years. We must also maintain the current mandate of the Public Service Labour Relations and Employment Board. Expanding this mandate to include all matters pertaining to terms and conditions of employment would result in two different grievance processes that might lead to conflicting decisions.

Finally, the government cannot proceed with the amendment requiring a secret ballot vote to certify a bargaining agent to represent RCMP members and reservists. The secret ballot amendment is contrary 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.

Bill C-4, which was introduced in the House of Commons on January 28, 2016, seeks to repeal legislation adopted in 2013 that sought to undermine unions' organizing efforts. Bill C-4 puts the discretion of certification with the Public Service Labour Relations and Employment Board. Whether there will be a secret ballot or a card check, the board will make sure the members' interests are reflected in the choice made.

To conclude, as we celebrate Canada's 150 years, let us not forget one of Canada's most venerable police services, which is why our government urges all members to proudly support the proposed response to the amendments to Bill C-7.

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May 16th, 2017 / 1:55 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, one can get very easily disappointed with the Conservative Party when it comes to issues dealing with labour.

Conservatives come to the table with a bias, which is really very much against unions. Whether it is this bill or Bill C-4, once again the Conservatives are the isolated party in the House. The government of the day, the NDP, and the Green Party recognize the value of the legislation, and yet the Conservative Party chooses to try to divide labour and management.

We all recognize the valuable role that our RCMP plays in our society. We applaud each and every woman and man who performs their duty for us day in and day out. Could the member tell us why the Conservative Party continues to play up divisive labour issues as wedge issues? Why does the Conservative Party not recognize that the Canadian economy will work better if we have more harmony within labour, management, and business?

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May 16th, 2017 / 1:45 p.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, I am sorry the member for Vancouver Quadra was disappointed with my speech. She may have noted from the outset that I did broadly agree and support the aims of the bill, but the important issue at stake, the issue of the secret ballot, is such that it renders the rest of the bill, unfortunately, unworthy of support. Bill C-4, as well, is unworthy of support. It is not too late for the government to fix both bills at once.

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May 16th, 2017 / 1:45 p.m.


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Vancouver Quadra B.C.

Liberal

Joyce Murray LiberalParliamentary Secretary to the President of the Treasury Board

Mr. Speaker, it is actually disappointing that the member opposite strictly narrowed his remarks to the secret ballot issue. Is there nothing else important to the RCMP? Wait, in fact, that is not something that was asked for by the members themselves. In fact, the discussion on the secret ballot is well served in the debate on Bill C-4. That bill would put the discretion as to the certification methodology into the hands of the labour board.

How will the member explain to RCMP members in his riding that all the benefits of collective bargaining they would be acquiring through Bill C-7 are being rejected by his no vote because of a matter that is actually being handled under Bill C-4, different legislation?

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May 16th, 2017 / 1:30 p.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, I will be sharing my time with the member for Parry Sound—Muskoka.

Mr. Speaker, my colleagues and I have tremendous respect for the RCMP and appreciate and admire its work. We do not question the wisdom of the Supreme Court when it ruled that the current labour regime for the RCMP needs reform to comply with RCMP members' section 2 charter rights, which is why we supported the bill at second reading when it was first introduced.

What we disagree with is the disregard for democratic governance Bill C-7 contained when passed at third reading. We also disagree with the government's choice to reject important amendments to Bill C-7 wisely passed by the Senate.

This bill would enable RCMP members to unionize for the purpose of collective bargaining if they see fit to do so. This bill is not about whether the RCMP should or should not unionize, and I take no position on that question. Most of this bill is agreeable, but it does contain one pitfall.

As the official opposition's deputy critic for Treasury Board, my opposition to the bill, as passed at third reading, and my support for the amended version, which the Senate has returned to the House of Commons, arises from concern about the working environment it would create for members of the RCMP if passed without amendment.

Bill C-7 would not require a secret ballot to certify or decertify a union to represent RCMP members in labour negotiations. My fellow Conservatives and I cannot support the bill unless the issue is corrected.

I supported the bill at second reading, as did my Conservative colleagues, for one purpose. We wanted to send it to committee, hoping that the majority of members would accept sensible amendments to protect the RCMP members' right to privacy as well as their freedom of association. Conservative members argued that any decision to certify or decertify a union to represent RCMP members must include a secret ballot to protect members from undue pressure or reprisal. I will return to that point in a moment.

The Liberals rejected this amendment at committee and returned the bill for third reading, and now the Senate has sent it back to the House with amendments. Two of these amendments would require a secret ballot vote for certification.

The motion before us today states that the government:

respectfully disagrees with amendments 2 and 4(a) because the government has introduced legislation to repeal secret ballot provisions for other public servants...;

The motion also disagrees with other amendments the Senate made in recognition of the RCMP's unique structure and circumstances, which would require modifications to existing labour laws.

I am going to focus my remarks on the amendments on secret ballots and let other members speak to the merits of the other amendments.

Canadians should never feel unduly pressured when exercising their democratic rights as citizens of a free country. None of us should worry that third parties will keep track of our voting choice or seek to reward or punish as a result. As members of Parliament, we should know this well. We were all elected by secret ballot. Voters took their ballots behind a privacy screen, filled them in, alone with their conscience, folded them so no one could see their selection, and put the ballot in the box.

It is not too difficult to imagine how different Canada would be if political organizers, neighbours, ethnic or religious community leaders, employers, union leaders, friends, or even family members hovered over a voter's shoulder when voting in an election.

As my friend, the member for Carleton, mentioned on March 22, 2016, the rate of success for unionization drives appears demonstrably higher with a card check system alone than with a secret ballot, as workers who would prefer not to unionize appear to give in to pressure to sign petitions that would not be present under a secret ballot.

When members of Parliament selected Speakers of this House, they did so by secret ballot, in part to shield the Speaker from any appearance of partiality and to remove any doubt Canadians might have when the Speaker rules on any issue regarding a particular member.

Protecting individuals from undue pressure, recrimination, and reprisal should apply to Canada's national police force even more so than to parliamentarians, and certainly more so than at other workplaces.

Decisions to certify or decertify unions or associations significantly affect workplaces. How one votes or how one chooses can determine the course of many relationships if the choice is known.

In a hierarchical organization like the RCMP, which is modelled as a paramilitary force, with a clear chain of command, trust and confidence between ranks is even more important than in other workplaces. Superiors must know that their subordinates will dutifully follow orders. Subordinates must know that their superiors will exercise good judgment and not put them in harm's way without cause. Trust and undivided loyalty to the force is essential to police morale and the safety of its workers.

A card check system for union certification, in which everyone knows who signed the petition, creates rifts within the hierarchy. Such divisions have serious repercussions, especially for police morale. Secret ballots avoid these risks by protecting all members' privacy. Unless members discuss their positions with others or disclose how they voted, no one can be certain what a given member has chosen.

Secret ballots also better fulfill the spirit of the Supreme Court's case that gave rise to Bill C-7. Among other points, the court emphasized the need for meaningful representation, choice, and independence from management. A secret ballot enables meaningful representation by allowing workers to select the union they believe will best protect their interests. It shields them from undue pressure to vote for whoever pushes the hardest.

As my colleague from Carleton discussed when Bill C-7 came up at second reading, the bill gets it right in requiring any union representing the RCMP to do so as its primary mandate. Such a union could not be affiliated with another bargaining agent or association with a different primary purpose, and it could not be certified to represent any other group of employees.

Since the association would be composed of RCMP members representing their colleagues, secrecy at the ballot box would be essential to avoid resentment in the ranks if the association failed and needed to be decertified and reconstituted.

Secret ballots facilitate individual choice as the basis for consent to corporate decisions. They also facilitate representation independent from management by ensuring that members can freely reject a proposed representative if they consider the person to be too close to management.

I understand the reasons behind the government's rejection of amendments 2 and 4(a). I simply disagree. The rule of law demands that laws be consistent and treat similar things in a similar fashion. Since the Liberals are stripping other workers of secret ballot protection via Bill C-4, they say that it is therefore consistent for Bill C-7 to reject the secret ballot requirement for the RCMP.

The Liberals' decision today may be consistent, but it is wrong. They are wrong on Bill C-4, and the reasons they are wrong on Bill C-4 are amplified in Bill C-7 because of the very nature of the RCMP.

Instead of seeking to be consistent by refusing to extend secret ballot protection to the RCMP while repealing secret ballot provisions for everyone else, the government should do exactly the opposite. It should restore secret ballot protection for all federal workers and agree to amendments 2 and 4(a) to extend it to the RCMP.

If the Liberals value consistency, they should not argue that secret ballots for workers are somehow undemocratic. Each of them was democratically elected by secret ballot. Instead, they should acknowledge that secret ballots to certify unions are both democratic and consistent with secret ballots to select union leaders. They should join British Columbia, Alberta, Saskatchewan, Ontario, and Nova Scotia, which all require secret ballots for certification decisions. They should lead the way in having a consistent standard for workers across provincial and federal jurisdictions.

I conclude by encouraging all my colleagues in this House to protect the democratic rights of RCMP members by voting against today's motion and insisting that the government adopt the amendments from the Senate.

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May 16th, 2017 / 1:20 p.m.


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Liberal

Sven Spengemann Liberal Mississauga—Lakeshore, ON

Mr. Speaker, I stand today to offer my support to the government's motion regarding Bill C-7, a bill that provides a new labour relations framework for RCMP members and reservists.

Since its beginning in 1873, when Prime Minister Sir John A. Macdonald introduced in this very House the act establishing the North-West Mounted Police, the RCMP has been an integral part of Canada's development.

As my talented and tireless legislative assistant, Adrian Zita-Bennett, advises me, we need only read our history books. When it came to bringing law and order to the Northwest Territories, the RCMP was ready and willing with its march west in 1894.

During the Klondike Gold Rush, the RCMP rose to the challenge of policing the stampede of people looking to get rich, and when it came to being the first ship to completely circumnavigate North America, the RCMP schooner St. Roch claimed that honour.

In World War I and World War II, the RCMP played vital roles, but despite their long and storied contribution to Canada, these members did not have full freedom of association with respect to collective bargaining. However, that has changed. The Supreme Court has removed the barriers that RCMP members face in exercising this right.

Bill C-7 provides the appropriate framework of labour laws that would govern the RCMP and ensures that RCMP members and reservists can be represented and bargain collectively, like other police services in Canada.

Bill C-7 has several key elements that reflect the clear preferences expressed by RCMP members during the consultations that occurred in the summer of 2015. Specifically, members indicated that they wanted a labour relations framework that provided for a single national bargaining unit, a union that is primarily focused on representing RCMP members, and the recourse to binding arbitration if a collective agreement could not be negotiated.

Bill C-7 creates this framework. It would do this by amending both the Public Service Labour Relations Act and the Royal Canadian Mounted Police Act to create a new labour relations regime for RCMP members and for reservists.

I rise today to offer my support to the government's response to the amendments of the Senate.

To begin, the government's motion accepts the removal of all restrictions on what may be included in collective agreements and arbitral awards that are specific to the RCMP. This includes matters such as harassment, transfers and appointments, and appraisals of RCMP members.

Harassment in the workplace is an issue that the Government of Canada takes very seriously. Discrimination based on gender or sexual orientation, bullying, and harassment are flatly unacceptable. I believe quite strongly that this one concession, in and of itself, addresses the chief criticism of the bill.

The government's motion also accepts the management rights clause adopted by the Senate and proposes targeting it to focus on protecting the authorities that the RCMP commissioner needs to ensure effective police operations. This also goes a long way to meeting the concerns raised by the Senate.

The government's motion proposes retaining the restrictions that replicate those applying to other areas of the federal public service, such as restrictions preventing pensions from being bargained. It does not agree with the requirement for a mandatory secret ballot vote as the only option for the certification of a bargaining agent to represent RCMP members and reservists. Our government believes that there should be choice between secret ballots and a card check system. The issue of secret ballots was not an issue specifically related to addressing the Supreme Court's decision. Moreover, an organization wanting to represent RCMP members should not be subjected to certification processes different from those of other organizations under federal labour relations legislation.

Bill C-4 reflects the principles of fairness and balance, and also gives proper recognition to the role of bargaining agents.

Finally, the government proposes not proceeding with expanding the mandate of the Public Service Labour Relations and Employment Board to hear grievances on a wider range of matters, including many that are outside of a collective agreement. This would be inconsistent with the application of the Public Service Labour Relations Act to the rest of the federal public service, and it would create overlap with the appeal and grievance processes established under the Royal Canadian Mounted Police Act.

I believe that we now have the best possible legislation, given all the competing interests that must be accommodated. It is therefore important that we act now to put in place a new labour relations framework to minimize disruption for members, reservists, and RCMP management.

There is currently an overlap between the Royal Canadian Mounted Police Act and the Public Service Labour Relations Act, which could result in confusion and conflicting interpretations. In addition, members could be represented by multiple bargaining agents, which would make it difficult for the RCMP to maintain a cohesive national approach to labour relations. Also, there would be more uncertainty among RCMP members about their collective bargaining rights.

Bill C-7 would effectively provide RCMP members and reservists with a process that ensures independence and freedom of choice in labour relations matters. The bill would also recognize the specific requirements of a national police service and the unique attributes of the RCMP as set out in the Royal Canadian Mounted Police Act. It would balance these with the need for consistency with the broader public service labour relations regime of which it is a part.

The government has taken important steps to ensure that workers can organize freely and that unions and employers can bargain collectively and in good faith. Bill C-7 is one part of that, and it honours the right of the RCMP members and reservists to freedom of association with respect to collective bargaining.

The time for talk is over. Now is the time to give RCMP members and reservists the respect they are due. I for one am proud to vote for this motion, which does just that.

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May 16th, 2017 / 1:15 p.m.


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Liberal

Mary Ng Liberal Markham—Thornhill, ON

Mr. Speaker, our government believes that we will bring some fairness back to the collective bargaining regime for members of the RCMP.

We are rejecting the amendment for secret ballots because it is at odds with Bill C-4, which would restore a fair and level playing field to labour relations. We believe that the labour relations board should have the ability to decide whether a vote or a card check is the most appropriate and fair method for certification on a case-by-case basis. There is no reason to treat the RCMP differently in this regard.

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May 16th, 2017 / 12:55 p.m.


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Vancouver Quadra B.C.

Liberal

Joyce Murray LiberalParliamentary Secretary to the President of the Treasury Board

Mr. Speaker, I listened with interest to my Conservative colleague's comments.

The background to Bill C-7 that we are debating today is that the Conservative Party is essentially against appropriate collective bargaining rights, and those members showed that when they brought in anti-labour bills such as Bill C-525 and Bill C-377. Our government tabled Bill C-4 to put the discretion of certification back with the Public Service Labour Relations Board, where it used to be, to determine whether a secret ballot or a card check is the most appropriate. The board is committed to making sure that members' interests are reflected in the choice made.

That was the system we had until the previous Conservative government made those anti-union changes. When RCMP members were extensively consulted by the previous Conservative government, narrowing down the certification method to exclude a card-check system was not on their list of priorities.

The Conservative member is not reflecting the desire of RCMP members. He is not reflecting the fact that the dual system arbitrated through the Public Service Labour Relations Board has been in place successfully for many years.

Why would the member let this one element convince him to vote against all of the positives, like providing RCMP members with a labour relations opportunity, to be represented by a union, which is what they want and is what the Supreme Court ruled that they deserved to have? Why would he vote against that?

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May 16th, 2017 / 12:10 p.m.


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Liberal

Rob Oliphant Liberal Don Valley West, ON

Mr. Speaker, I will be sharing my time with the hon. member for Oakville North—Burlington.

I am pleased to have this opportunity to speak in support of the government's motion related to Bill C-7. This piece of legislation is important for both the RCMP and for Canadians. It is a step forward in Canadian labour relations.

As we all know, the bill originates with the decision by the Supreme Court of Canada more than two years ago, in January 2015. There is some urgency for us to enact this piece of legislation into law so that the RCMP can be the best police force in the world, with good management practices matching the ability of our RCMP officers to keep Canadians safe.

The court found that certain parts of the RCMP labour relations regime were in fact unconstitutional because they prevented the formation of an independent RCMP employee organization. The government took steps, including extensive consultation, to bring this framework into compliance with the Supreme Court's ruling, and Bill C-7 is the result.

I differ with the position of the previous speaker by saying that there has been extensive consultation. The bill has been under a microscope for a great deal of time in a committee of the House of Commons and a committee of the Senate, as well as through debate in the House of Commons and debate in the Senate. It is now time for us to act quickly on this motion to ensure that we can have effective collective bargaining for the very hard-working members of the RCMP.

With the passage of this bill, RCMP members and reservists would, for the first time, have a labour relations framework in place that would allow them to choose whether or not to be represented in negotiations by an employee organization, something that other police services in Canada already have. Almost 100 years ago, the Vancouver police union received its charter and was established with the mandate to effectively and democratically represent its members as a bargaining unit under the British Columbia labour code. It is time for us to act so that Canadians have a similar approach to policing in Canada.

Action is something that RCMP officers know a lot about. As the chair of the public safety and national security committee, I want to commend members of the RCMP for consistently and constantly serving and protecting Canadians with diligence, with grace, and with a tremendous competence that Canadians have begun to appreciate more and more. Whether it is diving into icy water to rescue a woman in distress or protecting us in this very place, RCMP officers demonstrate their personal dedication and self-sacrifice in service of others, and now we as members of this chamber need to reciprocate and take action to help them, to serve them, and to protect them.

The Prime Minister and the Minister of Public Safety and Emergency Preparedness are strongly committed to whatever action is necessary to help RCMP members, trainees, and employees feel safe and respected among their colleagues and supervisors.

A number of steps have been taken since 2014 to protect RCMP members in the workplace. These include measures to address harassment and conflict management as well as promote a healthy and respectful workplace.

The RCMP continues its ongoing efforts to improve its work environment, including a modernized code of conduct, a streamlined harassment investigation and resolution process, and improved training for harassment investigators. Bill C-7 builds on these efforts to implement a robust labour relations regime for the RCMP. To that end, the government has given thorough consideration to the Senate's amendments and is now ready to move forward.

The government's response significantly addresses the main concerns that we heard at the House of Commons standing committee as well as in the Senate, and I am very proud to support the government's response to the Senate amendments.

In the spirit of compromise that is so important in an institution like ours, the government is willing to accept the removal of all restrictions on what may be included in collective agreements and arbitral awards that are specific to the RCMP. These restrictions on what could be collectively bargained for were the focal points of the criticism that we heard at committee and that we are now acting on.

Sometimes this kind of conversation takes time. However, that conversation has been had. I stress to members of this chamber that the reality is we need to act quickly and effectively. We have considered, and now is the time to act.

That is why I am pleased to report that the government's response would allow the employer and any future RCMP member bargaining agent to engage in meaningful discussions in good faith on topics of importance to the RCMP members and reservists who were excluded from collective bargaining rights under the original version of Bill C-7.

As a result, matters associated with transfers, appraisals, harassment, and general aspects of workplace wellness, including the promotion of a respectful workplace and early conflict resolution, could be discussed at the bargaining table and included in a collective agreement or arbitration award. Of course, conditions of work, such as hours of work, scheduling, call-back, and reporting conditions could also be collectively bargained, as could leave provisions, such as designated paid holidays, vacation leave, sick leave, and parental leave. Labour relations matters, such as terms and conditions for grievance procedures and procedures around classification and workplace adjustment, are also part of that process.

The proposal before us today also accepts the idea of a management rights clause, but proposes implementing a more targeted clause that focuses on protecting the authorities that the RCMP commissioner needs in order to ensure effective police operations. This is a balanced approach. The reality is that the bargaining unit would have the right to engage in conversations at the bargaining table about issues important to RCMP members, and management would reserve the right to ensure that Canadians are safe and protected and that we have operational institutional effectiveness at the RCMP, not by excluding anything in collective bargaining but by ensuring we have a targeted approach to make sure the RCMP functions properly, as Canadians would want.

As I am sure all my hon. colleagues on these benches do, the Government of Canada takes seriously the responsibility to protect the safety and security of Canadians. This amended management rights clause supports that responsibility.

Now let us consider why the motion disagrees with the removal of restrictions that replicate those applying to other areas of the federal public service.

As our national police service, the RCMP must have a labour regime that is aligned with and consistent with the fundamental framework for labour relations and collective bargaining that exists within the whole of the federal public service. As such, Bill C-7 extends to RCMP members many general exclusions that already apply in the rest of the public service, such as staffing, pensions, organization of work, and the assignment of duties.

With respect to pensions, while the public service pension plan has never been the subject of collective bargaining under the Public Service Labour Relations Act, or its predecessor, the Public Service Staff Relations Act, the federal government has traditionally consulted with employee representatives on pension issues and is committed to continuing that conversation, negotiation, and consultation.

Public sector pensions have established statutory pension advisory committees whose membership is composed of employer, employee, and pensioner representatives. These committees review matters respecting the administration, design, and funding of the benefits provided under the superannuation acts and make recommendations to the responsible minister about those matters. This is an activity we would continue.

When it comes to the certification process, I do not believe that the certification of a bargaining agent to represent RCMP members and reservists should require a secret ballot. We need to be consistent with the government's proposed law, Bill C-4, and it would be reasonable that an organization wanting to represent RCMP members should not be subject to certification processes different from those of other organizations under federal labour relations legislation.

Finally, the government proposes to not proceed with expanding the mandate of the Public Service Labour Relations and Employment Board to hear grievances on a wider range of matters relating to terms and conditions of employment. That would be inconsistent with its work with the rest of the federal public service.

Now is the time to act on Bill C-7. The House of Commons standing committee deliberated it thoroughly and thoughtfully, and heard concerns. The Senate has deservedly done its work and has appropriately amended it. The government has considered those amendments and has determined that some of them fall in line with the government's proposed agenda with respect to the RCMP certification process.

I am pleased to support Bill C-7 and welcome all other members to support the bill and our amendments as we go forward.

Resuming DebatePublic Service Labour Relations ActGovernment Orders

May 16th, 2017 / 12:10 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, this is a problem, and it is not one that the government can say in good faith that it was not aware of, because it is one that we have raised.

We have said that we need to get Bill C-7 back to the House, because it is creating legal uncertainty for prospective bargaining agents. Exactly because Bill C-7 is not what confers the right of collective bargaining on RCMP members, because it is a decision of the Supreme Court, they are allowed to apply it at any time under the existing rules. Therefore, because the NDP agrees with what the government is saying, if not what it does, that there is justification for a unique collective bargaining framework for RCMP members, although we may disagree about the details of what should be in it, we thought it was really important to get that in place as soon as possible. We knew and the government knew that there were prospective bargaining agents out there getting people to sign cards, demonstrating interest in the lead-up potentially to a vote. Bill C-4 has not gone through the Senate; the government cannot seem to accomplish that, so those agents do not know if they would need to have a vote or whether a card check is going to work. There is a lot of legal uncertainty.

We have been saying for a long time that the government needs to act on Bill C-4 and get it done. It needs to act on Bill C-7 and get it done. Otherwise, the government is risking getting into a situation where people start to act in the current legal context and then the rug is pulled out from underneath their feet, and all of a sudden the rules that they were organizing and applying under are not the same rules that their application is being treated by.

That is exactly the situation that is developing. It was not hard to see or imagine that would happen. It is a real shame that we have reached this point. The government needs to do a better job of extricating itself from this, lest it be perceived as being partisan in an area where it really ought not to be.

Resuming DebatePublic Service Labour Relations ActGovernment Orders

May 16th, 2017 / 12:05 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, from the comments my colleague made, it is clear that the bill is very complex in terms of the changes that have been brought forward and hence, adequate debate needs to take place in the House. Of course, the government has chosen to impose time allocation.

The member raised a point which is very important with respect to different points of view between management and stakeholders. I have an example from one of my constituents, who raised the issue on another bill, Bill C-4, which was meant to repeal Bill C-377 and Bill C-525. At committee, he highlighted the fact that his employee was invited to the committee to offer a different point of view from his own. A case in point is that management opposed Bill C-4, but the employee of the company did not agree with management. That is a very important distinction. Hence, it is important to ensure that those voices are heard as well.

I wonder if the member would elaborate on that distinction, the importance of it, and how the process the government has embarked on falls short.

Bill C-7—Time Allocation MotionPublic Service Labour Relations ActGovernment Orders

May 16th, 2017 / 10:40 a.m.


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Liberal

Scott Brison Liberal Kings—Hants, NS

Madam Speaker, I can tell members that we take the work of Parliament, both in this place and in the Senate, seriously, which is why we have accepted amendments to this legislation both from the House and the Senate, which I believe reflects our respect for Parliament and our desire to ensure that this is the best possible legislation.

Again, with respect to the previous government, in January 2015, there was a Supreme Court decision. When we formed government 11 months later, there had been no legislative action to respond to that. We, as a new government, have responded. I believe that we have the right balance that reflects the consultations conducted with the RCMP and the intent of the amendments of the Senate.

There is one Senate amendment we rejected, which I will speak to specifically, on the secret ballot issue, because it completely contradicted the principle of Bill C-4, another piece of legislation on this. We viewed it as being an anti-union, anti-organized labour amendment that did not reflect the views of this government. I talked to my colleagues from the New Democratic Party. They were in agreement that it was not one we could support based on our government's respect for organized labour within the public service and broadly. We did not support. That is one we actually rejected.

However, clearly, we took seriously the amendments proposed by the Senate, including eliminating many of the exclusions, and we are in a position now to move forward. We also took seriously the amendment from this House on the Government Employees Compensation Act. We do respect this place, but there is an urgency for us to move forward with this legislation for the RCMP.

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May 12th, 2017 / 1:25 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I am really glad to finally get a chance to weigh in again on the Bill C-7 debate. It has been a very long wait, so it is good to see that the process is back in action.

As I mentioned in some of my questions previously on this bill, it is a bit of a mystery to me, given the content of the government's opinion with respect to the amendments coming from the other place, why it essentially took 11 months to get back to this place, particularly when previously, in the debate last spring, the government was very anxious to move the bill through the House.

At that time, the government made arguments essentially to the effect that the sky would fall if we did not get these amendments in place. Of course, we know now that the sky did not fall. What did happen was that it created a significant period, still ongoing, of legal uncertainty for prospective bargaining agents. That has made it very difficult for them to be able to organize properly.

We are now in a situation, as of the beginning of April, where there are two applicant now, one to represent RCMP members across the country, which would be consistent with what is in Bill C-7, but because Bill C-7 is not law, and again I repeat that is due to delays on the government's part, having had amendments from the other place as early as June 21 of last year, there is also an application from an association to represent members from Quebec alone. If Bill C-7 passes in its current form, that would not be allowed.

Because of dithering on the Liberal side with respect to getting this done, and the companion legislation Bill C-4 as well, which gets rid of some bills from the previous Parliament affecting certification and decertification of unions, we are now in a real mess.

I think the government risks the perception, at least, of interfering in an ongoing certification process, because it is now trying to advance legislation which, had it passed earlier, there would be no question about it and there would be no problem. Now, because there is an application for regional representation within the RCMP, the government may be perceived by some as taking sides as to which organization should represent members in Quebec or any other region of the province that has an organization apply to represent either members of a certain province or certain region in the meantime.

That is why it was really important, as the government itself argued last spring, to get this legislation through. That is why we in the NDP were happy to help move that legislation through and work with the government to meet its timeline, while nevertheless improving the legislation, for instance, by taking out the needless and prejudicial exclusions on bargaining that were included in the original part of the legislation, and which the other place saw fit to remove.

Now the government is indicating that maybe it thinks it is not a bad idea to get rid of those, although it is replacing them with some other language. As the member for Brandon—Souris indicated, we only saw notice of that motion yesterday late in the evening. It is early to try to provide detailed comment on that.

Mr. Speaker, I will resume my comments on Tuesday, when hopefully I will have been able to take the time to examine the response in more detail.

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May 12th, 2017 / 1:05 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, it will come as no surprise to the member that on the principle of the card check, we have a serious disagreement, but we will let that lie. We have spent a fair bit of time on that in the debate on both this bill and Bill C-4.

There is a practical issue when it comes to a secret ballot vote for certification for RCMP members, which is that RCMP members are spread across the country. Many live in rural and remote communities. Some are posted internationally.

To organize a new union with very little experience, plus management that is not used to dealing with the unionized culture, plus a government that has not seen a certification within the public service for a very long time, and to organize a vote that has the reliability and integrity members would expect to make sure that their votes are counted, becomes very difficult. With the card check system, it is much easier to canvas members as to whether they want a union.

I am wondering if the member would support the government hiring a third party, with knowledge and experience providing resources, to ensure that a vote was conducted as it should be and that all members, wherever they were posted in the country or the world, got that ballot and had it safely returned, to ensure that there was integrity in the process. Would he agree to support the government in resourcing that vote if the secret ballot vote were upheld?

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May 12th, 2017 / 12:45 p.m.


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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, I welcome this opportunity to rise to speak to the government's motion in respect of the amendments brought forward by the Senate to Bill C-7.

Before I begin my remarks, I want to take this moment to personally thank the 28,000-plus regular members of the Royal Canadian Mounted Police. Throughout Canadian history, they have played an integral role and to this day continue to serve and protect the communities they are posted to.

The Conservative Party respects the Supreme Court's decision that RCMP officers are entitled to organize and bargain collectively. We will always support the RCMP, and we thank all members for the great work they do on the front lines in keeping our communities and neighbourhoods safe.

For the most part, Bill C-7 was a reasonable response to the court's ruling. However, I did not and cannot support any legislation that denies employees, especially RCMP members, the right to vote in a secret ballot on whether to unionize. RCMP members risk their lives every day. The least we can do is give them the democratic right to vote free of all intimidation on whether to unionize.

It is crucial to step back and understand the full context of how this legislation got here in the first place.

Currently, RCMP members are not allowed to unionize and bargain collectively. They have no recourse to arbitration or strikes. These matters were brought to the Supreme Court of Canada, which rendered its decision that struck down the exclusion of RCMP members from the definition of “employee” in the Public Service Labour Relations Act as being unconstitutional.

Moreover, the Supreme Court said that sections of the RCMP regulations breached the Canadian Charter of Rights and Freedoms. It was that Supreme Court decision that stated that careful and methodical consultations must take place. It also required members of the House of Commons to enshrine the constitutional freedom of RCMP members and reservists to engage in meaningful collective bargaining if they so wish.

It was during those consultations that a significant majority of those who participated supported the idea of forming a union. It was through those consultations that members of the RCMP indicated that they preferred to use binding arbitration, without the right to strike, as the way to resolve stalled collective bargaining. This is in line with various other police organizations across the country. The members were also clear that they wanted to be represented by a single national employee organization, whose primary mandate would be the representation of its members.

Many members in the House represent constituents who have been or currently are serving members in the RCMP. In fact, there are currently RCMP members posted to Parliament Hill, and they are part of our daily lives while the House is in session.

Many members are following this legislation closely and applaud the work of the Senate and the amendments it brought forward on Bill C-7, a bill to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act, and other acts, and to provide for certain other measures.

I feel it is appropriate to point out that the Senate passed these amendments and sent the legislation back to the House over ten months ago. My colleague just pointed out in his question that it is actually closer to 11 months.

I understand that the government wanted to fully review the amendments and to consult widely. Public Safety Canada, the Treasury Board Secretariat, the Privy Council Office, and the Prime Minister's Office were all involved in determining the government's response to these amendments. Even though there were many government departments and officials involved in this process, the government should have moved on this debate months ago, a point that was just made, as the Supreme Court ruling, I point out, contained a time frame for implementing legislation that is collecting dust.

I know many members of the RCMP and the various other stakeholders involved in drafting the legislation would have preferred to have been at this stage at a much earlier date.

Second, on a procedural matter, the rank-and-file members of the RCMP should know that the Liberal government only tabled its motion to the Senate amendments late last night and expected members of this chamber to be prepared to speak to it today. I can only speculate on why the government took this course of action. However, I do believe that at the outset of this legislation back in 2016, even the government's own caucus was deeply divided on the exclusions from the bargaining table found in the legislation.

For example, the hon. member for Beaches—East York said during the public safety committee meeting on April 21, 2016, during clause by clause consideration:

I actually have serious concerns with the exclusions as they exist, for the simple reason that in all the evidence we heard, we heard repeatedly that these exclusions as they relate to workplace safety specifically are major issues that unions are not going to be able to put on the table when they collectively bargain.

While I will not lament too much the government's disregard to providing the ample time to prepare a response to its motion on which amendments it is willing to accept, I will at least thank the Liberals for finally getting back to the task at hand and allowing us as members of Parliament to speak to the Senate amendments. Enough time has already been wasted and it is time to move on with this much delayed legislation.

To provide greater context on how we reached this point, it is important to highlight that many of the amendments the Senate passed were brought forward during the original House debates and at the Standing Committee on Public Safety and National Security. After reviewing the minutes, it is important to thank the hon. members for their due diligence in pointing out some of the flaws that were found in the original bill.

In particular, I would like to thank my fellow Manitoban, the hon. member for Elmwood—Transcona, for the work he did, as he just pointed out, on reviewing the legislation and providing different points of view.

It is abundantly clear that our Conservative caucus members were very much willing to work with the government to meet the timelines as outlined in the Supreme Court decision. The legislation could not have been drafted overnight, as the very make-up of the RCMP is distinctive and unique from every other public service occupation. We know the paramilitary nature of the RCMP had to be considered as a unique element when designing the bargaining environment.

This will not shock the members of the NDP when I say the RCMP should be given explicit language, found in this legislation, that will guarantee members of the RCMP the right to a secret ballot if they do decide to form a union and collectively bargain with the <crown. This basic democratic principle must be enshrined in law, not only in Bill C-7 but also in Bill C-4, which was amended by the Senate. I want the record to be clear that our Conservative caucus supports the Senate amendments in both Bill C-7 and Bill C-4 that pertain to the right of workers to have a secret ballot.

Previously I have spoken out against any attempts to roll back the rights of hard-working union members and to repeal the transparency of unions, which finally allowed sunshine to be let into their financial ledgers. While Bill C-7 does not relate to union transparency, it sure has a lot to do with the ability of the RCMP to certify or decertify a union. I do believe the current government is trying to eliminate the guarantee of a secret ballot, not because it wants to support hard-working Canadians but because there are ulterior motives, such as a bargaining chip with various other public service unions.

The elimination of the current government policy of enshrining secret ballots goes far beyond just the RCMP. It involves hundreds of thousands of federally regulated employees across the country.

I originally criticized the Liberals for the lightening speed at which they introduced Bill C-4, the legislation that stripped away workers' rights, but I would like to draw attention to the fact that we are still debating the legislation that was brought forward in February 2016, and it has yet to receive royal assent. This is not such a bad thing and to give credit where credit is due, the Senate also amended that legislation and sent it back to the House.

Liberal MPs in the House today should carefully review the legislation, which was amended by the Senate. They will quickly see that the Senate wanted this legislation to provide RCMP members with the guarantee they would receive a ballot and be able to cast the vote on whether to form a union in secret. This is the only guaranteed way to ensure there is no coercion or intimidation applied from any side of the argument. This would ensure that no matter the rank or seniority, all members of the RCMP are treated equally and fairly and, most of all, without any fear of repercussions on how they proceeded on collectively bargaining.

The Senate has been applying its powers to amend legislation quite frequently in the past few months. I applaud it for its ability to take a deep dive into complex and politically sensitive matters. There is no expectation that the government has to accept every amendment brought forward, but it would be wise for Liberal members to note that even their government House leader in the Senate and all the new independent members, including all former Liberal members who are now part of the independent Liberal caucus, voted to ensure the RCMP was guaranteed its right to a secret ballot. It is far and few between that unanimity is reached on legislation, except in exceptional circumstances or on motherhood and apple pie sorts of issues.

I think we can all agree that Bill C-7 is a rather complex and nuanced issue and the fact that all senators, regardless of political stripe, agreed that the right to a secret ballot must not only be given to the RCMP in Bill C-7, but that all federally regulated environments must be given the same protection. I do not buy the line from the government's benches that giving the RCMP the right to a secret ballot would treat it differently. I would remind the House that in a briefing presented to the public safety committee, it was told that all previous certifications of public sector unions were done by secret ballot. By accepting this amendment, it would actually treat the RCMP equally in terms of certification or decertification, as other public sector unions.

Furthermore, I would like to quote my colleague, the hon. member for Durham, who stated:

...my friends in the other parties are in Parliament not through a card check of their voters and their constituents but by their secret ballot vote, which is a fundamental tenet of our democracy.

It bothers me that we would suggest the federal government and the federal government's unionized work environment would have the same sort of intimidation stories you hear in relation to some private sector unionization efforts from years ago with unfair labour practices...

The importance of the secret ballot as a democratic principle must be upheld. Every member in this chamber is here today because residents in their ridings chose to give them the most personal thing they possess: their vote. We have no higher duty in our role as members than to safeguard the democratic principles that hold our country together. The secret ballot is the highest pillar of this process and it seems absurd to me that any member of the House could argue that we need less voter protection, that we need less transparency, that we need less democracy.

While I recognize that the right to a secret ballot was just one of the amendments the Senate asked the government to revise in Bill C-7, it is, among others, that the government has decided not to accept it.

In continuation of the real and deep criticism I have of the Liberal government's intentions of stripping away the rights of workers, I would like to quote the hon. member for Carleton who originally spoke on the legislation.

He said that by removing the right of a secret ballot vote, it was important to be very clear on what this meant. It meant that a union could take over a federally regulated force without there being a vote by the member who worked in that workplace, that thousands of employees from any number of federal employers could be forced to pay dues and be represented by a union for which they never had a chance to cast a vote.

He said that this would be particularly alarming when it related to the RCMP, an organization comprised of members who put their lives on the line each and every day, in part to defend our democratic way of life. Therefore, it was a great irony that members of the RCMP would be deprived of the most basic democratic right, which was the right to vote in secret on whether to certify a union.

It is my sincere hope today that I will be able, through this debate and my arguments, to convince enough members of the government to demand the executive branch accept the Senate's amendment on enshrining the right to a secret ballot.

For example, Conservative Senator Nancy Greene Raine asked Senator Larry W. Campbell, who was appointed a Liberal Senator by Paul Martin in 2005 and was also an RCMP officer, about his thoughts on a secret ballot vote and if he was concerned that without a secret ballot vote, it might set up some ill will. Senator Campbell agreed with her statement. Senator Campbell also went on to say that it was wonderful to be an independent who moved second reading of Bill C-7 and then was able to actually talk about it.

That is refreshing to hear, that even the senator who introduced the bill, who in fact was a former Liberal before the senators were made independents, can step back, have an objective view, apply his sober second thought, and agree the legislation can be improved upon.

It was during his remarks at debate in the Senate that he noted the bill excluded the following from the collective bargaining process: law enforcement techniques; transfers from one position to another and appointments; appraisals; probation; demotions or discharges; conduct, including harassment; the basic requirement for carrying out the duties of an RCMP member or reservist; uniform, order of dress, equipment or medals of the RCMP. That is quite a list.

We know that through the Liberal government's motion on the Senate amendments, they have accepted the removal of all the exclusions to collective bargaining with their own amendment, that the government has increased the authority of the commissioner in an expanded management rights clause and that the government rejected a RCMP specific grievance procedure, which sends grievances through the RCMP act grievance system, unless it has to do with a collective agreement.

I look forward to hearing if RCMP members across the country find the government's response satisfactory. I also look forward to hearing from members of the House of Commons who sit on the public safety committee and from the senators who were involved in the legislation.

I would like to reiterate my support for the Supreme Court's decision and that I firmly believe RCMP members should be given a secret ballot to certify a union. I hope through today's debate that the government will reverse its decision of not accepting that amendment.

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May 12th, 2017 / 12:35 p.m.


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Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Mr. Speaker, frankly, I am surprised to hear the member opposite compare the work, the complexity, the responsibility, the critical nature of the RCMP and the safety and security of our country from coast to coast, d'un océan à l'autre, with a high school student council.

Our government disagrees with the Senate amendment that adds the requirement narrowing the options for certification to a single option, which the previous government introduced as part of its attack on the unions.

Bill C-4 would restore the choice. We have a mechanism for the Public Service Labour Relations Board to ensure whether the secret ballot or the card check system is in the interests of the members in a particular situation.

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May 12th, 2017 / 12:15 p.m.


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Vancouver Quadra B.C.

Liberal

Joyce Murray LiberalParliamentary Secretary to the President of the Treasury Board

Thank you, Mr. Speaker, for the opportunity to go over the government's proposed response to the amendments to Bill C-7 from the other place. The government takes the responsibility to protect the safety and security of Canadians very seriously. We are also committed to supporting the dedicated and proud members of Canada's national police service. This is reflected in our proposed response to these amendments.

I have always been impressed with the professionalism of these individuals and their commitment to the communities they serve and protect. The members of the RCMP work with the community to prevent and resolve problems that affect the community's safety and quality of life. They are true role models and leaders. It is out of respect for these officers that the RCMP has introduced a number of measures to promote a healthy and respectful workplace. For example, in support of the 2014 amendments to the RCMP Act, several of the RCMP's human resources management processes, policies, and procedures were updated. Let me highlight a few.

The RCMP launched a new investigation and resolution of harassment complaints policy, which provides greater clarity and a single, streamlined approach for dealing with complaints. In addition, a process was introduced to address misconduct in a more timely and effective manner, and at the lowest appropriate level. Further, a new code of conduct was developed that specifically identifies harassment as a contravention of the code. This is complemented by the amended training curriculum that was put in place to specifically address respect in the workplace and harassment. Finally, an informal conflict management program was launched.

However, there is more. On top of these measures, in February 2016 the Minister of Public Safety asked the Civilian Review and Complaints Commission for the RCMP to undertake a comprehensive review of the RCMP's policies and procedures on workplace harassment and to evaluate the implementation of the recommendations the commission made in 2013.

The commission has been reviewing the adequacy, appropriateness, sufficiency, and clarity of these policies, procedures, and guidelines. In addition, in July 2016 the Minister of Public Safety announced the appointment of Sheila Fraser as a special adviser. Her role has been to provide advice and recommendations to the minister regarding the application of various policies and processes by the RCMP.

The RCMP has made great progress with these initiatives, programs, and policies that it has implemented. These two reviews will be very valuable in helping the minister fulfill the mandate the Prime Minister handed him, to ensure the RCMP is free from harassment and sexual violence.

Bill C-7 builds on these good efforts to implement a robust labour relations regime for the RCMP. We believe we have addressed the concerns raised by the other place by increasing the scope of issues that can be bargained, while at the same time ensuring the operational integrity of the RCMP, which is so critical to its effectiveness.

Before I get to the details of our proposed response to the amendments to the bill, permit me to provide a bit of context. As we know, Bill C-7 creates a new labour relations regime for the RCMP members and reservists by amending the Public Service Labour Relations Act and the Royal Canadian Mounted Police Act. It has several key elements that reflect the clear preferences expressed by the RCMP members themselves during consultations with members held in the summer of 2015. Specifically, members were clear that they wanted a labour relations framework that provided for a single national bargaining unit, a union that is primarily focused on representing RCMP members, and the recourse of binding arbitration if a collective agreement cannot be negotiated.

Bill C-7 creates this very framework. If it becomes law, it would ensure that, if RCMP members choose to unionize, they will have an RCMP-focused, single, national bargaining unit, with binding arbitration as the dispute resolution mechanism.

As it stands today, the labour relations regime that applies to the RCMP members does not meet all of these member preferences.

We introduced the bill in March of 2016. After a comprehensive committee study, the bill was passed with a number of amendments on June 21, 2016, and sent to the other place for review. We have taken the time to thoroughly analyze and carefully consider all of the Senate's amendments. Our proposed response addresses the most significant concerns of the other place by increasing the scope of issues that can be bargained. Our proposed response would align the labour relations regime that governs the RCMP with the system that governs other federal public service employees.

What is more is that our position respects the 2015 Supreme Court decision, which ruled that key parts of the RCMP labour relations regime were unconstitutional because they interfered with the rights of members to a collective bargaining process. That was the court decision in the case of the Mounted Police Association of Ontario vs. the Attorney General of Canada. Bill C-7 as originally proposed was meant to address this and our proposed response to the amendments would continue to respect this decision.

Our intent continues to be to provide the RCMP with a meaningful process for collective bargaining that takes into account the specific circumstances of the RCMP as a police organization.

Let us take a closer at how we propose to address each of the changes. Overall, members of the other place said the Bill was too restrictive with respect to the matters that could be included in collective agreements and arbitral awards. Issues such as harassment, transfers and appointments, for example, could not be brought to the bargaining table.

In this respect, the other place made several changes to the bill. It removed restrictions on what could be included in collective agreements and arbitral awards specific to the RCMP. It added a management rights clause to replace restrictions that seek to preserve the commissioner’s authority over human resource issues. The government agrees with removing the RCMP-specific restrictions on what may be collectively bargained.

Second, we suggest adopting a more targeted management rights clause than that proposed by the other place. Our focus is on the authorities the commissioner needs to ensure effective police operations. These two changes combined would have the effect of broadening the scope of what could be potentially incorporated in a collective agreement, thereby addressing the major criticisms of Bill C-7.

It would also ensure that the employer and any future RCMP member bargaining agent could engage in discussions on topics of importance to RCMP members and reservists who were excluded from the original Bill C-7.

Permit me to provide a few examples of subject matter that could be included in the collective agreement or in arbitral awards: first, general aspects associated with the appointment and appraisals of RCMP members; second, criteria and timing for conducting appraisals of RCMP members; and third, measures to mitigate the impact of discharges and demotions of RCMP members, including work force adjustment provisions.

As is the practice for other negotiations in the public service, Bill C-7 already allows for a wide range of other matters to be bargained and included in a collective agreement or an arbitral award. These include rates of pay, hours of work, and leave provisions such as designated paid holidays, vacation leave, sick leave, and parental leave.

Other amendments made by the other place removed restrictions that were consistent with restrictions that were already applied to other areas of the federal public service. Among these were restrictions preventing pensions from being bargained.

It also required a mandatory secret ballot vote for the certification of a bargaining agent representing RCMP members.

Finally, it expanded the mandate of the Public Service Labour Relations and Employment Board.

However, our government does not agree with these changes, and we do not believe they are in the public interest. We propose keeping some limitations on matters that may be included in collective agreements and arbitral awards. Eliminating these restrictions would upset processes that have worked well for 40 years.

Since 1967, certain matters that are of broad cross-sectional impact across the public service have been excluded from bargaining and have been dealt with under other legislation to ensure the public interest is taken into account.

Take pensions, for example. Pensions for the rest of the public service are dealt with under the Public Service Superannuation Act. Pensions require a high degree of stability over time to assure pension plan members that their benefits are secure and will be delivered as expected. RCMP pensions compare favourably to other police organizations in Canada.

The federal government has traditionally consulted with employee representatives on pension issues, and is committed to continue this practice. In fact, when it comes to the RCMP, the government goes further. The RCMP Superannuation Act requires that an RCMP pension advisory committee be established.

This committee, which consists of RCMP regular members and representatives of RCMP senior management, makes recommendations on the administration, design, and funding of the pension benefits.

The RCMP is a national police organization, operating within the federal public administration. This is why the proposed labour relations regime for the RCMP was designed to align with the existing federal framework for labour relations and collective bargaining.

Let me now turn to the issue of certification.

Our government believes that there should be a choice between a secret ballot and a card check system. The secret ballot only system is restrictive. It is inconsistent with providing a fair and balanced process of certification, and properly recognizing the role of bargaining agents in that process. It also does not make sense to have the RCMP members subject to a different certification regime than everyone else, a more restrictive regime. It should be aligned.

We do not believe the certification of a bargaining agent to represent the RCMP members and reservists should be subject to a mandatory vote by secret ballot as the only option. In fact, our government's Bill C-4 puts the discretion of certification method back with the Public Service Labour Relations Board to decide whether there will be a secret ballot or a card check. The board will ensure the members' interests are reflected in the choice made.

Finally, we respectfully disagree with the changes that would expand the range of matters that could be considered by the Public Service Labour Relations and Employment Board.

There already are specialized grievance and appeal processes established under the RCMP Act to deal with such matters, so we feel it is unnecessary. In fact, such changes would undermine the Commissioner’s ability to ensure effective police operations.

I would also like to address the recent pay increase that RCMP members received. In April, the government announced a 4.8% total salary increase for RCMP members. With these salary increases, RCMP total compensation, including pensions and benefits, is in line with what is provided to the eight comparable police forces in Canada.

The comparators include local police services for the large majority of the Canadian population, in fact about 90%. The total compensation of an RCMP first constable is now 1% above the average of what is provided in these eight representative police forces. To give one specific example, the RCMP total compensation is now on par with the total compensation for Ontario Provincial police officers.

If RCMP members choose to unionize, Bill C-7 would provide a labour relations framework with the key features that the RCMP members have said they want. Under Bill C-7, future pay negotiations could occur with a single national bargaining unit that is focused on RCMP members.

Our government supports the dedicated and proud members of Canada's national police service. We continue to make progress in creating a labour relations framework that supports their collective bargaining rights. Our proposed response to the amendments of the other place will allow the employer and any future RCMP member bargaining agent to engage in meaningful discussion in good faith on topics of importance to RCMP members and reservists.

It is also in line with the government’s overall approach to restoring fair and balanced labour laws, and acknowledges the important role of unions in Canada.

In closing, let me express my gratitude to all the members of the other place who have helped in the development of this bill.

I would also like to acknowledge the hard work, and good work, of the House committee on public safety and national security. It gave the bill careful consideration and made amendments, which the government accepted.

While we do not accept all the amendments from the other place, its work has given us a better opportunity to improve Canada's labour relations regime for our RCMP and to serve the men and women who benefit from it.

Business of the HouseOral Questions

May 11th, 2017 / 3:10 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue with the debate on the NDP opposition motion. Tomorrow morning the House will begin consideration of Senate amendments to Bill C-37, the opioids legislation. Following question period, we will proceed to Bill C-7, the RCMP labour bill.

On Monday and Tuesday next week, we will return to debate on the bills just listed. On Wednesday we will resume debate on Bill C-4, respecting unions. In the evening, the House will consider the estimates for the Department of Foreign Affairs, Trade and Development in committee of the whole.

Next Thursday, May 18, shall be an allocated day.

Free Movement of Members of Parliament within the Parliamentary PrecinctPrivilegeOral Questions

May 11th, 2017 / 3:10 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, I rise on a point of order. In a moment I will request unanimous consent to propose a motion, but would like to give a minimum amount of context for the folks watching at home.

Bill C-4 that this House has debated and sent to the Senate is a bill that reversed an ideological attack on some of the fundamentals of unions from the previous government. I want to call to people's attention that the House has already passed the bill, and now the Senate has delayed and tried to gut this important legislation. I really feel it is time to finish the job.

That is why, Mr. Speaker, if you seek it, I hope you would find unanimous consent of the House for the following motion: “That a message be sent to the Senate to acquaint their honours that the House disagrees with the amendments made by the Senate 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.”

Human Resources, Skills and Social Development and the Status of Persons with DisabilitiesCommittees of the HouseRoutine Proceedings

May 10th, 2017 / 5:15 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it has been an interesting afternoon. I know that the government House leader was hoping, on the government's behalf, to have a healthy discussion and debate about Bill C-4. It was a piece of legislation that rectified a number of wrongs--

Bill C-44—Notice of time allocation motionCanada Labour CodeGovernment Orders

May 8th, 2017 / 4:45 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the consideration of certain 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose, at the next sitting, a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Admissibility of Amendment to Motion Regarding Bill C-4—Speaker's RulingPoints of OrderRoutine Proceedings

May 8th, 2017 / 3:15 p.m.


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The Speaker Geoff Regan

I am now prepared to rule on the admissibility of the amendment moved on Friday, May 5, 2017 by the hon. member for Carleton to the motion respecting the 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.

At the time, the Chair took the matter under advisement and committed to return to the House as quickly as possible with a ruling. Thereafter, the House leader of the official opposition, the Parliamentary Secretary to the Leader of the Government in the House of Commons, and the member for Oxford made interventions on the matter, and I thank them for having done so.

The main motion would see the House disagree to the amendments made by the Senate to Bill C-4. The amendment is intended to do the opposite. Specifically, it aims to see the House agree to the Senate amendments.

No precedent of such an amendment could be found; thus, it is up to the Chair to rule on its admissibility.

Amendments are an integral part of the process of debate but are subject to certain limitations. Page 533 of the second edition of House of Commons Procedure and Practice states: “An amendment must be relevant to the motion it seeks to amend.”

In this case, it is clear that the proposed amendment is indeed relevant to the main motion. However, House of Commons Procedure and Practice also states, on the same page, that an “amendment is out of order procedurally, if...it is completely contrary to the main motion and would produce the same result as the defeat of the main motion”.

I notice that the House leader of the official opposition has argued that the effect of adopting the amendment at hand in this case is different.

That being said, since there are no clear precedents allowing the Chair to accept the amendment, I would refer members to what is written at page 792 of House of Commons Procedure and Practice, and I quote:

The motion for the consideration of Senate amendments is itself open to amendment and subamendment during debate. Members opposed to Senate amendments may move reasoned amendments to them.

While the member has proposed an amendment that is not in keeping with the procedural criteria outlined earlier, other types of amendments could be envisioned that would be more in keeping with precedents and practice. Accordingly, I find the amendment to be out of order. Debate will therefore continue on the main motion.

I thank the hon. members for their attention.

Admissibility of Amendment to Motion Regarding Bill C-4Points of OrderGovernment Orders

May 5th, 2017 / 12:40 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I rise on a point of order. I am responding to the opposition House leader's intervention on the admissibility of the amendment proposed to the motion respecting Senate amendments to Bill C-4. Let me be clear. The motion rejects the amendments made by the Senate to Bill C-4. I submit that the amendment is out of order and procedural authorities and precedents support this argument.

Page 533 of the second edition of House of Commons Procedure and Practice states:

An amendment is out of order procedurally, if....

it is completely contrary to the main motion and would produce the same result as the defeat of the main motion....

The footnote that expands on the reference above is most relevant in this situation. It states:

Expanded negative amendments strike out all the words after “That” in a motion in order to substitute a proposition with the opposite conclusion of the original motion.

This is precisely what the amendment seeks to do: reverse the intent of the motion before the House. The appropriate course of action for members who oppose the motion is to vote against the motion. The procedural authorities and precedents are clear that the amendment is, indeed, out of order.

Admissibility of Amendment to Motion Regarding Bill C-4Points of OrderOral Questions

May 5th, 2017 / 12:05 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Madam Speaker, I am rising on a point of order. I understand that you are taking under advisement the admissibility of the amendment, moved by the member for Carleton, to the government's motion regarding the amendments made by the Senate to Bill C-4, so I would like to very briefly offer my argument in support of the admissibility of that amendment.

At page 532 of O'Brien and Bosc, it states, “A motion in amendment arises out of debate and is proposed either to modify the original motion in order to make it more acceptable to the House”. I believe that the amendment would do just that.

The Senate has amended Bill C-4 to uphold a fundamental principle of democracy, which is that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority. Why the government wanted to take this away in the first place is perplexing, since it is proposing secret ballot elections in House committees.

At page 533 of O'Brien and Bosc, it states, “An amendment is out of order...if it is completely contrary to the main motion and would produce the same result as the defeat of the main motion.” Madam Speaker, I believe this may be the reason for your deliberations on the matter.

Would the defeat of the main motion to the Senate amendment made to Bill C-4 have the same effect as voting for the amendment proposed by my colleague? I believe that the answer is clearly no. If the government's motion were to be defeated, I would argue that nothing would happen. The government would need to come back with an alternative motion with a different proposition. However, if my colleague's amendment were to be adopted, both the House and the Senate will have adopted Bill C-4 in an identical form, and it would move to eventually receiving royal assent as amended.

As the Journals of June 6, 1923, at page 437, state, the Speaker ruled that an amendment to alter the main question by submitting a proposition with the opposite conclusion is not an “expanded negative” and may be moved.

This amendment indeed offers the opposite conclusion: that is, to accept the amendment made by the Senate that supports democracy. The government's motion rejects this democratic principle. Voting for or against the government's motion would have a different outcome than would voting for my colleague's amendment. Therefore, I ask that you, Madam Speaker, accept the amendment and allow this House to express its views on preserving a fundamental principle of democracy, which is that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority.

Canada Labour CodeGovernment Orders

May 5th, 2017 / 10:55 a.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, we have heard this issue debated over many hours. When we sat in opposition with New Democrats and the Green Party, we told the Conservative government then that its approach to labour was wrong. Today's Prime Minister said at that time that what the Conservatives were doing was wrong.

Canadians understand what this government is doing. We are trying to restore harmony within the labour movement and management, and Bill C-4 would go a long way in achieving that. Bill C-4 is a priority for this government.

As the Minister of Employment, Workforce Development and Labour has said, over 200 members of the House of Commons voted in favour of this legislation. Now the Senate has disagreed with the House. Given the many hours that we have debated this issue and given the fact that Canadians, using democracy, voted in support of this government's approach to labour issues, why does that member believe that we have to deal with this issue again today, when the bill has been so overwhelmingly accepted by Canadians and by the House of Commons?

Canada Labour CodeGovernment Orders

May 5th, 2017 / 10:30 a.m.


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Conservative

Pierre Poilievre Conservative Carleton, ON

Madam Speaker, today I rise in defence of the secret ballot, a cherished tenet of democracy. I begin again, as I did earlier, by quoting the ruling by Justice Ivan Rand in the matter of Ford Motors versus the United Auto Workers–CIO of 1946.

Before I quote this passage, let me explain its importance.

The ruling of Justice Ivan Rand in 1946, in this dispute, has created the framework for our entire union certification and subsequent union financing policy right across the country, in all 10 provinces and in the federal jurisdiction. The resolution to which Mr. Justice Rand arrived was that all members of the bargaining unit at Ford Motors would be required to pay union dues, and the union would be required thereafter to provide representation to all of those workers. That union would sign collective agreements and would represent those workers in grievances. However, for the union to control that bargaining unit and act as its agent, it would have to secure majority support from the workers in the union. How one determines whether a union has the support of the majority of workers in the bargaining unit is what we are debating here today.

There are two options. One is a process called “card check”, where those who want to certify or take over a workplace go around with a petition and ask workers on the floor to sign that petition. When they have enough signatures to reach 50% plus one, they then go to the Labour Relations Board and say, “We have a majority. Please give us exclusive representational powers over the entire unit.” The other option is that once those signatures are collected, the board says, “You are now authorized to hold a secret ballot vote.” That is so that the will and volition of the members of that unit can express themselves, free of intimidation from either the employer or the aspiring union. The workers go into a secret voting box, mark their X, yea or nay, and if the union receives 50% plus one, it becomes the bargaining agent for the bargaining unit.

Now I will get back to Justice Ivan Rand. Among the very first pages in his ruling, he wrote:

But unguarded power cannot be trusted and the maintenance of social balance demands that the use or exercise of power be subject to controls. Politically this resides in alert public opinion and the secret ballot.

Why do we need a secret ballot? Why can we not simply collect public signatures and have those signatures trigger representation? The answer, of course, is that the only way for persons to truly exercise their will is to do so in the privacy of a walled-in voting booth where they select a yes or a no, without anybody finding out what they chose. To deny them of that opportunity means they could face potential consequences from people on either side of the question at stake. The result is that, out in the open where people are forced to put their names on a public list rather than exercising their will in private, they could experience bullying by the union, or the employer, for that matter.

We heard arguments today from the minister that holding a secret ballot is too costly, too time-consuming, and too difficult for those trying to unionize a workplace. Let us address each one of those objections.

She said it was too costly. She pointed out that under the current law in Canada, in a federally regulated workplace, an aspiring union not only has to collect signatures to trigger a vote, but then has to campaign to win that vote, that ballot boxes have to be arranged so that the vote can be administered, and then, of course, that workers within the bargaining unit have to take the time out of their day to mark an X next to their preferred option.

All of those things are true. They are true in the workplace and they are true in a general election to select this Parliament. It is true that it takes time to hold a general election. In fact, we shut down this entire Parliament for 36 days; 36 days while no bills are passed, no debates are held, no government announcements are made, almost no government business at the executive level is conducted. Why? Everybody is too busy devoting their time to this gigantic distraction, this gigantic enterprise that the Liberal Party condemns in the case of workplaces as democracy.

Is democracy time-consuming? Of course it is, but when we compare democratic nations to non-democratic nations, we find the return on the investment of that time to be spectacularly worth it.

Now, we know voting costs money. I think the last election cost something like a quarter of a billion dollars. Ballot boxes had to be purchased. Ballots had to be printed. Returning officers had to be hired. Halls for voting had to be rented. All of these things cost money. If the government's view is that we cannot spare any expense to administer democracy, that would be akin to arguing that we cannot afford elections in Canada. We know the Liberals tried to change the entire voting system to favour themselves without consulting the Canadian people through a referendum. In itself that action illustrated their hostility to the practice and institution of voting. Could it be that same contempt has spilled over into Canada's federally regulated workplaces?

Does democracy cost money? Yes, it costs money, and it is worth every single penny expended. It is worth it, because it is the only way to truly evaluate the will of those over whom a decision must be made.

Speaking of money, what is the decision that is being made when we certify a union in a workplace? We certify that union's ability to uphold taxation power over all of the workers in that workplace.

In Canada, people who work in a unionized bargaining unit must pay union dues, even if they choose not to be a member of the union, even if they object to the way in which that money is spent. Workers are not allowed to opt out of it. We are one of the very few countries in the free and democratic world that has this rule. Increasingly across Europe, Australia, New Zealand, and elsewhere, workers are given the ability to opt out of union dues, because those countries have freedom of association in the workplace. Here in Canada, in all 10 provinces and in the federal jurisdiction, a unionized workplace empowers the bargaining agent to forcefully collect dues against the wishes of many of its members.

The trade-off is that in this system, an exclusive majority representation, we must have at least a majority in order to enjoy that spectacular and unmatched privilege of collecting mandatory dues from people within that sphere. Remember that no other advocacy group in all of Canada enjoys these privileges. Even those groups that advocate to the benefit of other people do not have that power. Some say, ”Look, unions are fighting for the rights of the workers; therefore, those workers should pay for the value of that advocacy, lest we have free riders.”

The Canadian Cancer Society is fighting for cancer patients, but we do not collect mandatory union dues from cancer patients in order to fund the Canadian Cancer Society. People contribute to it through voluntary donations. I make this point not even to argue against mandatory union dues, but merely to point out the extraordinary privilege that our unions enjoy once they have certified a workplace. The least that we can entitle our workers to have is the right to vote on whether that privilege should be extended at their expense.

If the government is so worried about saving money by avoiding the enormous cost of holding a vote, is it not at all worried about the subsequent cost that certification imposes upon the workers who must pay for it? Of course, at the risk of being repetitious, I say that if the government believes voting is too expensive in our workplaces, why would Liberals not simply argue that voting is too expensive in our democracy? In fact, I am sure, if we look through the encyclopedia of tin-pot dictators, many have made exactly the same arguments that the government makes today to avoid facing electorates in their own countries.

Finally, they say a secret ballot makes things too difficult for the unions. If there were no secret ballots, then they would succeed at certifying more workplaces, more easily. In fact, when the minister's predecessor pulled a document out of my former department when I was minister of employment and social development, she said, “Aha, when there are secret ballots, there's a lower rate of union certification. Gotcha. Now we've found out what your agenda is.” It was the silver bullet. It was the smoking gun. “We have just proved that when workers are given the opportunity to vote, they make decisions that we don't like, and now we have proof of it, and because they make decisions we don't like, we are going to take away their power to make that decision in the first place.”

That is their idea of democracy. If people vote in a way that the Liberals and special interest groups which back them do not like, they will take away the right to vote altogether as an unnecessary costly and burdensome inconvenience. Democracy is not an inconvenience. It is the basis of our entire country.

Finally, the Liberals said that allowing a secret ballot would permit employers to exert undue pressure on workers. A secret ballot is secret. The employer does not find out which way the worker voted. Only under the regime that the government is trying to reinstate would the employer even know what an employee does with the certification decision. We on this side of the House are trying to free the worker from intimidation and undue influence by both sides in a certification dispute.

We see these four arguments: secret ballot voting is too costly, that it is too distracting, that it gives employers the ability to influence the outcome, and finally, that it makes it too difficult for a union to certify.

I guess the government could argue that the secret ballot is very dangerous in the election of Parliament because it might make it too difficult for Liberals to get elected in future votes. Right? It would just be too difficult. Therefore, let us find a simpler system that gives the Liberals the outcome they want. Of course, this is not about workers, unions, improving workplace dynamics, or rebalancing the scales. This is about taking power away from workers to give it to the powerful interest groups that helped elect the Liberal government.

We on this side continue to stand for the right of workers to vote to determine their own destiny, rather than having it imposed upon them by either the current government or any of the interest groups that elected it.

Therefore, I move, “That the motion be amended by deleting all of the words after the word 'that' and substituting the following: the amendments made by the Senate to 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 now read a second time and concurred in.”

I am thankful for the opportunity to make this motion. I will submit it to the dais, and I will give all members of the House the opportunity to reaffirm the Canadian commitment to democracy and one of its central pillars, the right of every man and every woman to carry out his or her franchise in secret, free from pressure and undue intimidation, and that we highly resolve that this democratic principle will exist across the land and in our workplaces.

Canada Labour CodeGovernment Orders

May 5th, 2017 / 10:25 a.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, at one point during the minister's speech on the issue of the amendments to the Senate, I actually closed my eyes and thought I was in the Ontario legislature, listening to Kathleen Wynne speak about her relationship with the labour movement. It should be no surprise to anyone, because the same playbook that was used in Ontario is now being used federally to pander to the union movement. As an ex-union president, I can say that the issue of the secret ballot is a major concern among members of the labour movement, not necessarily the leadership.

The Senate sees the flaws in Bill C-4 with respect to the union certification. It has made this amendment, because the fundamental tenet of democracy that exists, not only in this country but in other democratic countries around the world, is the secret ballot. Why do the minister and the government have such contempt for a majority in the Senate who saw the flaw in this bill and want to reverse its decision?

Canada Labour CodeGovernment Orders

May 5th, 2017 / 10:20 a.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, as I have said in the House on previous occasions, Bill C-4 was a very good first step.

As some members will remember, the previous government's omnibus Bill C-4 did a number of things, including decimating the health and safety for public sector workers. There is more than this; we need to restore important safeguards for workers, including safety safeguards which were repealed in the omnibus bill of the previous government.

Today is a good first step. I would like to hear from the minister on when we are going to see the repeal. You commented in your speech about the importance of safety. There are still things in legislation that need to be repealed. Today is a very good first step. We need to move on and start to get back to good labour relations and safer workplaces.

Canada Labour CodeGovernment Orders

May 5th, 2017 / 10:05 a.m.


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Liberal

Patty Hajdu Liberal Thunder Bay—Superior North, ON

moved:

That a message be sent to the Senate to acquaint Their Honours that, with respect 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, this House disagrees with the amendments made by the Senate.

Madam Speaker, I am pleased to join this important debate and to talk about Bill C-4, and most important, I am here to ask the members of this House to oppose the amendments introduced by the Senate to Bill C-4.

The previous government's bills, Bill C-525 and Bill C-377, were intentionally designed to weaken unions and to break down the labour movement in Canada. In particular, Bill C-525 has made it more difficult for Canadian workers to unionize and gives a significant advantage to the employer. By rejecting the Senate amendments, we can restore healthy labour relations between government, employers, and unions.

Our government believes that a healthy labour relationship leads to a thriving middle class and a strong economy. In 2015, Canadians were clear in their message that they wanted a government that values fairness, transparency, and collaboration, and they were clear that they wanted a government that puts the well-being of Canadians first.

The commitments we made to Canadians included working hard to restore trust in public institutions, including Parliament, by working with greater openness and transparency, by promoting more open and free votes, and by reforming and strengthening committees.

During the campaign, we also talked about the need to grow the middle class to ensure stable lives and income for Canadians, and we talked about the history and value of organized labour in ensuring those goals.

We committed to restoring a fair and balanced approach to labour relations, and Bill C-4 is an integral piece of doing just that.

We must restore balanced labour relations between employees and employers, and to do that, we need to support Bill C-4.

Our government respects and values unions and their workers, and we know that employers do too. Both employers and unions play critical roles in ensuring that workers receive decent wages and are treated fairly in safe, healthy work environments.

It is our labour laws that help ensure that there is a balance between the rights of unions and the rights of employers. Bill C-4, in its original form, is emblematic of our values and guiding principles.

Bill C-4 proposes to repeal amendments enacted by Bill C-525 and Bill C-377, which were introduced by the previous government.

I would remind the House that, as originally introduced, Bill C-4 sought to restore fairness, balance, and stability to the federal labour relations system. The purpose of Bill C-4 was to repeal amendments made by Bill C-377 and Bill C-525.

Bills C-525 and C-377 have serious ramifications for workers and unions in Canada.

Bill C-4 proposes to return to the card check certification system that was in place before the introduction of Bill C-525 and also proposes removing the public financial reporting requirements for unions introduced in Bill C-377.

Bill C-4 was already debated, and I am pleased that it was adopted in the House of Commons in its original version. At third reading here in this House, 204 members voted in favour of Bill C-4, and that means that 72% of all the members who voted in this House were in favour of the bill.

It then went to the Senate, where honourable Senators debated it, discussed it, and amended it. In the Senate, the bill was adopted with amendments, which would affect the sections of Bill C-4 related to union certification and would ultimately lead to Bill C-525 remaining in effect, which, as I mentioned, would have detrimental effects on unions and their members.

Both of the bills addressed by Bill C-4 hinder positive employee and employer relationships, but Bill C-525 in particular has made it more difficult for Canadian workers to unionize. This is because Bill C-525 changed the union certification and decertification systems under three federal labour statutes.

The pieces of legislation addressed in Bill C-4 both impede positive employer-employee relations. Bill C-525 in particular has complicated things for Canadians who want to unionize.

The bill essentially made it harder for unions to be certified as collective bargaining agents and made it easier for bargaining agents to be decertified.

Prior to the amendments enacted through Bill C-525, federally regulated unions could use what was called a card check system for certification. If a union demonstrated that 50% plus 1% 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, but enough to indicate a strong interest, signed: less than 35%, under the Canada Labour Code, for example. 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 when more than 50% of workers signed union membership cards. It also made it easier for unions to be decertified by lowering the threshold to trigger a decertification vote to 40%, compared to majority support, which was previously required.

Unfortunately, we have seen examples of employers who will resort to any measure to deter their employees from unionizing. In effect, what Bill C-525 does is allow employers to know exactly when a union might be trying to organize in the workplace. The point is that as a result of Bill C-525, employers now have a powerful tool they did not have before to slow down or stop the union certification process. More generally, they have the ability to unfairly influence the collective bargaining process.

The card check system, whereby a union is certified by demonstrating majority support through signed union cards has been used successfully for many years in the federal jurisdiction and in several provinces. A number of unions, like Unifor and the Air Line Pilots Association, argue that it is fast, efficient, and much more likely to be free of employer interference than the mandatory secret ballot system brought in under Bill C-525.

Other interested parties, such as the Canadian Labour Congress, opposed the introduction of a mandatory vote system as set out in Bill C-525.

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

Bill C-525 is not problematic for just unions. It imposes some serious burdens on others as well. For example, there are real implications for the Canada Industrial Relations Board and the Public Service Labour Relations and Employment Board. These boards are responsible for the full cost and logistical responsibilities involved in holding representation votes. Under these changes, the CIRB would be required to hold a vote to certify a union not just in the roughly 20% of cases where less than a majority of workers have signed union cards but in all cases, which would mean a fivefold increase in the board's workload.

Next is bill C-377. While I should note that the Senate's amendments do not affect the repeal of Bill C-377, I want to remind members of this bill so we can remember why repealing both of these bills is important.

Bill C-377 tips the scales in favour of the employer during the collective bargaining process. It requires labour organizations and labour trusts to file detailed financial and other information with the Canada Revenue Agency. This information is then made publicly available on the CRA's website. For example, during the collective bargaining process, employers will be able to know how much money the union has in its strike fund, giving the employer a substantial advantage.

Both Bill C-377 and Bill C-525 were expressly designed to disempower and weaken unions, giving significant advantage to employers. That is why our government introduced Bill C-4. It was to restore fair and balanced labour relations in our country.

Unions play a critical role in protecting the rights of Canadians and in ensuring a strong middle class. The right to organize must be protected in Canada. This government respects unions and workers and knows the critical role they play in ensuring a strong economy and a healthy society. Labour laws should ensure that there is a balance between the rights of unions and the rights of employers. How is it that Bill C-525 and Bill C-377 were passed if they do not support such a balance?

These bills were introduced and passed by the previous government because it ignored the long-standing tradition of tripartite consultation in this country. The tripartite consultation process ensures that employers, unions, and governments work together on issues of labour relations law reform and has long contributed to a stable labour relationship across the country. These relationships were not respected by the previous government. The introduction of Bill C-377 and Bill C-525 demonstrated the disdain of the previous government for the strong value of the collective voice and effort the tripartite approach represents.

Our government believes that for policies to be fair and balanced, they must be developed through sincere consultation and engagement with all of our partners. A fair and workable labour management balance can only be reached when all parties—the government, unions, and employers—are part of the process. Our government is strongly committed to this approach.

Successful collective bargaining and fairness in the employer-employee relationship are the foundation of our economy. They provide stability and predictability in the labour force, two vital elements of a strong economy.

When labour law reform is required in the future, our government is firmly committed to ensuring that we ground policy development in evidence and collaboration through the tripartite relationship. This approach is critical to ensure that fair, balanced, evidence-based labour polices are developed through real consultation. They are essential for the prosperity of workers and employers, Canadian society, and the economy as a whole. They protect the rights of Canadian workers, and they help the middle class grow and prosper.

By repealing the changes made by Bill C-525 and Bill C-377, our government will help restore a fair and balanced approach to labour relations in Canada.

Let us be clear. Bill C-525 and Bill C-377 have diminished and weakened Canada's labour movement, and the way the bills were passed did not allow employers or unions to play their usual role in informing government's decisions.

Even though there were some differences of opinion about the merits of the changes imposed by Bill C-525, representatives on both sides of the bargaining table were highly critical of how the previous government brought in these changes.

It was not only our government that was concerned about Bill C-525 and Bill C-377. Many stakeholders also expressed their concerns. There are ample concerns about the content of these bills and the damage they do to the labour movement and the fair and balanced relationship between employers and their employees.

As I have reminded all members, it is just as important to address how these changes came to pass. Employers and unions were not given the chance to help inform the previous government's decisions. It is no surprise that when policies are developed without proper consultation, as was the case with both of these bills, they often end up causing more harm than good.

Labour reforms are important. They have wide-ranging implications for workers, for unions, for employers, and for our country, which is why we must give the process of labour law reform the time and respect it deserves, and our government will continue to do so.

Successful collective bargaining and fairness in the employer-employee relationship are the foundation of our economy. They provide stability and predictability in the labour force, two vital elements of a strong economy. They are the basis for good wages and safe working environments, what should be basic rights for all Canadians, and they are the basis for good labour policy that affects millions of working Canadians.

The rights of labour unions and the workers they represent are also the rights of Canadians. As elected officials, we have a responsibility to protect those rights. We need to make sure that labour policy works in the best interests of Canadians. Bill C-525 and Bill C-377 cause real harm and do not represent a positive contribution to labour relations in Canada.

We need to continue working to ensure that we uphold the tripartite consultation process between employers, unions, and governments. By working together on issues of labour relations law reform, we will continue to have strong and stable relations across the country. By opposing the Senate amendments, we can restore fair and balanced labour relations in our country, which contribute to a thriving middle class and a strong economy.

We believe that, to ensure fairness and balance, the House must oppose the proposed amendments.

I ask all members to oppose the amendments introduced to Bill C-4 in the Senate and to give labour relations the respect it deserves.

Business of the HouseOral Questions

May 4th, 2017 / 3:15 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, Bill C-44, Budget Implementation Act, 2017, No. 1, is currently before the House.

Tomorrow morning, we will consider the Senate amendments to Bill C-4 on unions, and then move on to Bill C-44 after question period.

Next week, we have the pleasure of having two allotted days, one on Monday and one on Thursday.

Ideally, I would like to finish debate on the budget legislation next Tuesday in order to send the bill to committee for in-depth study. Bill C-4 will be considered on Wednesday, with the hope of sending it back to the Senate that day.

I do my best to provide a calendar that is as accurate as possible so that all members can prepare. From time to time, things need to change. As members know, we have had some important conversations in this place. We will always ensure that members have the ability to have those important conversations. That is why I would ask that we all continue working better together.

Rights of WorkersStatements By Members

April 12th, 2017 / 3:15 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, the Liberals would not know the right thing to do if it jumped up and bit them.

A few years ago, my private member's bill, Bill C-525, received royal assent. The bill protected workers' rights by ensuring that mandatory secret ballot voting was used in the certification and decertification of a union.

Shortly after the Liberals took office, they introduced Bill C-4. This piece of poorly written legislation sought, among many other things, to remove a worker's right to a secret ballot vote. Clearly, Bill C-4 was a regressive attempt by the Liberals to gain favour with union bosses as it would have made it easier for unions to use intimidation tactics in the workplace during a union drive.

Yesterday, the Senate of Canada got it right where the Liberal government got it wrong. I am pleased that in the 43-34 decision, the Senate voted to amend Bill C-4 and keep the provision of a mandatory secret ballot vote in place.

I would like to take this opportunity to thank the senators for their leadership on the bill and for protecting the rights of workers across Canada.

I would further encourage my colleagues across the way to accept the amendments as presented by the Senate, or get rid of this clearly misguided bill altogether.

April 11th, 2017 / 12:10 p.m.


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Thunder Bay—Superior North Ontario

Liberal

Patty Hajdu LiberalMinister of Employment

Thank you, Mr. Chair.

It's a great pleasure for me to be here before you and all the members of the committee for the first time as the new Minister of Employment, Workforce Development and Labour. I look forward to discussing my responsibilities regarding Employment and Social Development Canada's portion of the main estimates tabled on February 23, 2017.

In accepting my mandate as a new minister, I knew that both my personal and work life experiences would give me a good perspective.

It's very exciting for me to be working on a mandate that, among many other things, includes a focus on ensuring skill development, and in particular, lifelong skills, as you've heard our government talking about. This is very personal for me because I was the first in my family to receive a post-secondary education. In fact, I was able to break an intergenerational cycle of poverty.

As you know, Employment and Social Development Canada delivers a range of programs and services that affect Canadians throughout their lives.

My focus within the department is twofold: to help all Canadians access the right skills and training to find, and keep, good jobs; and to ensure that, when Canadians are at work, they are fairly compensated, their rights are protected, and their environment is safe.

These objectives are core to our government's goal of growing Canada's economy by strengthening the middle class, and helping those who are working so hard to join it. I'm pleased to be able to share with you some of the work that we're doing to deliver on this commitment.

Let me start with our youth. We know that Canada's prosperity is increasingly going to depend on creating a path to success in education and employment for our young people. Our government's first budget, budget 2016, tackled this challenge head-on by making unprecedented investments in the youth employment strategy, including a commitment to create more Canada summer jobs for youth than ever before. I'm very pleased that further funding over three years has been pledged in budget 2017 to continue our work. Combined with budget 2016 measures, these investments will help more than 33,000 vulnerable youth develop the skills they need to find work or go back to school, create 15,000 new green jobs for young Canadians, and provide over 1,600 new employment opportunities for youth in the heritage sector.

Our government knows that a highly skilled, flexible, and adaptable workforce is critical for a strong middle class. That's why we've delivered on our commitment to invest more in skills and training, apprenticeships, and access to post-secondary education.

One of the most promising career paths that we don't talk about enough for young Canadians today is the skilled trades, and as the parent of a young welder, I can tell you this first-hand. That's why our government is supporting union-based apprenticeship training, which will give more people the opportunity to start their careers in these sectors. I'm particularly focused on encouraging more women to pursue careers in the trades, critical to closing that gender wage gap we've heard about time and time again.

We've also addressed the importance of demand-driven education and training through the work integrated learning program. We're investing in partnerships between employers and post-secondary education institutions. The goal is simple. We want to align education and training with employer needs.

Through budget 2017, we're also investing in organizations, like Mitacs, so they can nearly triple their co-op placements. This gives young people that critical on-the-job experience that so many employers are looking for on a resumé.

Our government will also be doing more to help adult learners retrain or upgrade their skills to adapt to a changing market, turning challenges into opportunities, and increasing people's earning potential. By showing leadership in a time of change, we're ensuring that every Canadian can be more confident that the next job is indeed a better job.

When it comes to making post-secondary education more affordable, we've accomplished a lot in the past year. Our very first budget included many measures to make post-secondary education more affordable for students from low- to middle-class, middle-income families, and to make debt loads more manageable, and we've built on those investments in budget 2017.

We've increased Canada's student grants and are continuing to expand their eligibility with both budget 2016 and budget 2017. We've brought in a flat-rate student contribution, and we've improved loan repayment assistance so that no graduate will have to start repaying their loans until they're earning a minimum of $25,000.

I also believe strongly that we need to generate opportunities for those who are traditionally under-represented in the workplace, like indigenous people, newcomers to Canada, people with disabilities, and women.

That's why I'm so proud that budget 2017 also builds on our government's investment in skills and training for indigenous people. Indigenous people are the fastest-growing segment of our workforce, and their success at finding and keeping good, well-paying jobs is critical to Canada's growth.

I also want to take a moment to recognize the members of this committee for the hard work that you undertook last summer to study the temporary foreign worker program. I know you spent a great deal of time hearing witnesses, constructing recommendations, and drafting the report. I want to express my thanks and tell you that your recommendations have played a very real role in our work to improve the program.

In December, the Minister of Citizenship, Immigration and Refugees and my predecessor as Minister of Employment, Workforce Development and Labour took early action to respond to the report by announcing four new measures: an end to the “four-in, four-out” rule, a commitment to a pathway to permanence, an extension of the cap for low-wage workers in seasonal industries, and increased requirements for employers to advertise available jobs to the Canadian workforce before they can apply to bring in a temporary foreign worker.

This week, Minister Hussen and I were pleased to announce further measures our government is taking to improve the temporary foreign worker program. Budget 2017 provides an investment of $279.8 million over five years starting in 2017-18, and $49.8 million per year thereafter to support the continued delivery of this program, as well as the international mobility program.

Our goal is always to ensure that Canadians have the first opportunity at available jobs, and to that end we're taking two new key steps. First, employers will be required to do more on targeting the recruitment of Canadian workers, particularly those who are typically under-represented in our workforce, like women, indigenous people, and people with disabilities. The government will work with industry sectors that are heavy users of the program to create Canadian workforce development strategies in partnership with employers, organized labour, and other stakeholders.

To fulfill our commitment to better protect vulnerable foreign workers, we will also increase on-site and spot inspections of workplaces employing foreign workers, and we will work with community organizations that have been devoted to protecting vulnerable foreign workers to ensure these workers are informed of their rights and protections.

In my capacity as Minister of Labour, I'm very proud to be overseeing the passage of Bill C-4, which is currently before the Senate. As you know, our government was elected on a commitment to restore fairness and balance to labour relations in Canada, and that is why Bill C-4 is one of the first pieces of legislation our government put forward.

We're also on track to introduce proactive pay equity legislation for the federal jurisdiction in 2018. Consultation on key design elements of a proactive pay equity system that works for everyone will begin with stakeholders and experts this spring. This legislation will help address gender-based wage discrimination related to the undervaluation of work traditionally performed by women, which will contribute to equality and fairness for all Canadians, particularly those in the middle class and the many people who work so hard to join it.

Budget 2017 also laid out our government's commitment to help workers balance the competing personal and professional responsibilities in their lives. We will be introducing legislation to give federally regulated workers the right to request flexible work arrangements from their employers, a measure that we know from other jurisdictions can have positive impacts on increasing productivity, lower turnover, and lower absenteeism.

With budget 2017, we're also introducing a new investment of $13 million over five years to strengthen and modernize compliance and enforcement mechanisms under the Canada Labour Code. These enhancements will help ensure that workers are treated fairly and protected from harm in the workplace.

A lot in my mandate letter has been accomplished. The steps we have taken are already having a real, positive impact on our economy and on Canadians. Optimism is on the rise, and with good reason, as forecasters are expecting Canada's economy to grow even faster.

After 10 years of weak job growth, our country is coming off the best six months of job growth in a decade. Almost a quarter million jobs have been created.

Canadian businesses are hiring again, because they are confident in our plan for creating long-term growth.

But we're not done. There is a lot of work to do. I am looking forward to working with each and every one of you in the coming years to do the best we can for Canadians in every corner of our country.

With that, Mr. Chair, I conclude my opening remarks. I look forward to taking your questions.

Thank you.

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Thank you, Mr. Chair. It's good that you're being recognized. Part of this is about preserving your ability, as a private member, to bring back at some point that excellent bill on FASD. Hopefully, we'll get that passed.

I would like to thank the interpreters. It must make their job especially tough when I speak French.

I was speaking about the balance between the House and the Senate. I don't think any member here would disagree in principle that the democratically elected House should, in a certain sense, be the primary decision-making House. The purpose of the Senate is to provide that review and sober second thought, propose amendments, and send those amendments back to the House for consideration.

If we found ourselves in a situation where a person who was deciding if they would rather be a member of the elected House or a member of the Senate, and they thought, I would prefer the Senate because then I'll have more influence on policy, that would be a very unfortunate situation. It would have the potential to create all kinds of other perverse incentives, where members of the House of Commons would be, through their behaviour in the House of Commons, seeking appointment to the Senate. Yet we find ourselves in such a situation already, because of the desire of the Prime Minister to create a non-partisan Senate, and effectively, through these Standing Orders changes imposed unilaterally, a more partisan House of Commons. So then the role of the member in the House of Commons is weakened and more likely to be subsumed into the role of the party, while the role of the senator is strengthened.

I've described a case example, Bill C-14, in which effectively the same amendment became law because it passed in the Senate, even though it was rejected in the House of Commons. There are other examples. We had a change made in the Senate, I would argue a positive change, but nonetheless a change that happened in the Senate. I believe it was Bill C-4, which was the government's legislation with respect to unions. The amendment in the Senate was designed to protect the right of workers to have a secret ballot. Of course, in the House of Commons the opposition took that position, but it wasn't passed. Yet it passed in the Senate even though Conservatives don't have a majority in the Senate. That was a good amendment that passed in the Senate.

While we're seeing this trend towards a more non-partisan Senate, let's make sure we are strengthening and not weakening the roles of members of Parliament. Unfortunately we see, through all of the changes proposed to the Standing Orders, an effort to relatively weaken the role of members of Parliament and to strengthen the role of the government.

If we proceed under a framework established by the amendment, or under a different model, because, as our House leader has discussed, there's a range of different ways in which we could have this discussion that ensure there is a consensus of parties.... It could happen at this committee, in the form of the motion with the amendment. It could happen in a different forum set up specifically for that purpose. It is important that we ensure the protection of the role of private members. There are all kinds of ideas that are not at all touched on in this discussion paper, which I think, actually—

James S. Cowan Senator, Lib., Senate

Thank you very much, Chair, and thank you, members of the committee, for allowing me to appear. I thank my friend, Rob, for most of what he said. The crack about being long in the tooth, I'd ask him to reconsider, but the rest of it, I appreciate.

I've circulated a statement that you can have a look at, at your leisure, so I won't cover all of it in the few minutes that are available today, but I would be happy to return to it in the question period. I want to get, really, to the essence of it. There are some concerns that have been expressed about the bill and I want to address those.

We know that this bill is strongly opposed by the insurance industry. They now have access to genetic test information and they, understandably, don't want to relinquish that access. They say terrible things will happen to the industry if this bill passes. I understand their concerns, but there are many countries around the world, as you know, which have prohibitions in place like those contained in Bill S-201, and the insurance industry in those countries continues and does just fine.

I hope you'll hear from the Privacy Commissioner of Canada. His office commissioned two studies, which concluded—and Rob alluded to this—“At the present time, and in the near future, the impact of a ban on the use of genetic information by the life and health insurance industry would not have a significant impact on insurers and the efficient operation of insurance markets.” Earlier this year, when the Privacy Commissioner appeared before the Senate in its study of this bill, he confirmed that his office stands by that conclusion.

While I understand the concerns of the insurance industry, I don't share them. When I balance the concerns of the insurance industry against the potential health benefits for Canadians of genetic testing without fear of discrimination, my choice is clear.

When Senator Ted Kennedy sponsored GINA, which is the American federal law against genetic discrimination, he hailed it as the first major new civil rights law of the new century. He said the bill recognizes that “discrimination based on a person's genetic identity is just as unacceptable as discrimination on the basis of race and religion.” I agree.

Bill S-201says that it's not acceptable to put someone in a position where they must hand over their most personal information, information about their DNA. We have criminal penalties if someone steals a car, a computer, or a piece of jewellery. Six years ago, Parliament passed an anti-spam law, which imposed penalties of up to $10 million for sending unwanted email. If we're prepared to legislate to prohibit sending unwanted emails, then I believe we should be prepared to prohibit unwanted access to one's genes.

I understand from the speeches at second reading and from my conversations with others that the government supports amendments to the Human Rights Act but opposes everything else in my bill; that, in fact, there is an intention to propose amendments to delete all of the provisions relating to the Canada Labour Code and to the genetic non-discrimination act.

I am told that the concern is constitutional, that some lawyers believe that the provisions in the genetic non-discrimination act would fall within provincial, not federal, legislative authority. This issue was explored in detail when the bill was before the Senate. I know that you are planning to hear from a number of distinguished scholars, including Peter Hogg and Professor Bruce Ryder, who are pre-eminent constitutional authorities—and I am not one of those. Just let me say that I take issues of constitutionality very seriously. I'm satisfied, based upon discussions I've had with eminent constitutional authorities in this country, as well as our own Senate Law Clerk and Parliamentary Counsel, that Bill S-201, including the proposed genetic non-discrimination act, is constitutional as a valid exercise of the federal criminal law power and it, therefore, falls well within the legislative authority of our Parliament.

There's been a suggestion, as well, that before we proceed, the provinces and territories need to be consulted. In fact, all the provinces and territories have been consulted about this bill, not once, but twice. Last December and January, I wrote to all the ministers of health in the provinces and territories and then, in February, the Senate Human Rights Committee, which was the committee studying this bill, wrote to all the provincial and territorial ministers of justice.

In total, we received replies from nine provinces and territories. Not one raised any objection or problem with the bill, either from a policy aspect or from a constitutional or jurisdictional point of view. Indeed, several provinces expressed strong support for the bill. I have now met or spoken with cabinet ministers in three provinces. Not one has raised any constitutional or jurisdictional concerns or any policy concerns. My strong impression is that this is an area where the provinces recognize the need for a uniform, national regime in the form of national legislation.

There was a meeting, just last month, of federal, provincial, and territorial justice ministers in my home province of Nova Scotia. I spoke with the justice minister from Nova Scotia, who happened to be the chair of that meeting. She said that no one raised this bill—not the federal Minister of Justice, nor any provincial or territorial minister of justice. We've seen other situations, where provinces have come forward to express constitutional and policy concerns about federal legislation, including private members' bills. We know about Bill C-377, which would be repealed by Bill C-4, which is now before the Senate. Seven provinces, in that case, sent submissions to the Senate saying that the bill was unconstitutional. Provincial governments, I suggest to you, are not shy about expressing themselves about these matters, but I've heard nothing from any province or territory opposing Bill S-201. As far as I know, no one else has either.

That's not surprising. Canadians need a national solution. They need to know that if they have a genetic test at one point in their lives, they need not worry that at some later time they might move to another part of the country where the rules could be different. They need to know that they will be protected from coast to coast to coast, no matter where they live.

I also want to address the proposal that the bill be amended to delete everything but the changes to the Canadian Human Rights Act. As Rob said, the Human Rights Act is important, but it is a law of limited application, applying only to certain sectors. For example, it has no application to the insurance industry, because the insurance industry is regulated at a provincial level. This came up, as you might expect, during the Senate hearings on Bill S-201. Let me read to you from the hearing, when the then-acting Canadian Human Rights commissioner testified in response to a question from my colleague Senator Eggleton.

Senator Eggleton said:

[W]hat would you do if somebody came to you with a complaint of discrimination on the basis of insurance that was denied them, under the current law?

The acting commissioner said:

Under the current law we do not have jurisdiction over the insurance industry. It's federally regulated private sector companies, so as I say transportation, telecommunications, banking industry, but not insurance companies.

In other words, you would be protected as long as you experienced genetic discrimination from your bank or your airline, but that's all. The bottom line is that, if the bill only amends the Canadian Human Rights Act, none of us could responsibly tell Canadians they can feel free to have genetic testing without fear of genetic discrimination, because that would not be the case. We would not have prohibited and prevented genetic discrimination, as the title of the bill says. We would have said, genetic discrimination is unacceptable in certain situations, but perfectly acceptable in others.

No one knows where the future lies, and again, Rob refers to this. No one knows what they will be doing in a few years or even months. This kind of limited protection would not be real protection. Indeed, I would argue, and this has been said to me by representatives of health organizations, that passing such a bill would be dangerous, in that Canadians would think they are protected—after all, Parliament has passed a law against genetic discrimination—but if they did go out and have a genetic test, they, in fact, could well encounter genetic discrimination, and there would be nothing anyone could do about it.

Mr. Oliphant has eloquently described this bill as a three-legged stool. I agree with that analogy. I have every confidence that all three legs of that stool will remain standing, that the whole bill will be found to be a valid exercise of the federal criminal law power. As I've said, all the provinces and territories have known about this bill for some time, and no one, not one person, has raised an objection of any kind.

Will there be a constitutional challenge? Perhaps. We all know that the insurance industry, as I said at the beginning, strongly opposes this bill, and they have deep pockets to launch such a challenge. However, as Professor Ryder told the Senate committee, and probably will tell you as well, “There will always be legal debate—we don't work in the realm of certainty—but I think you can work within the realm of confidence here.”

I'll conclude with a quote from Professor Ryder:

I am the sort of person who will say that it is one of your most important responsibilities to ensure that the legislation you vote in favour of is constitutional. I want to say, in this case, that I am very confident, and I believe it would be the consensus view of other constitutional experts, as well, that this bill is constitutional. ...I don't think you should be too concerned about the risk of unconstitutionality, because this seems to me to be very solidly within Parliament's jurisdiction.

I'll do my best to answer any questions in the course of the time that we have available.

Thank you very much for your attention.

Jerome Dias

Thank you very much.

If you listen to our members, if you're listening to Canadians, the reason we've had such poor voter turnouts over the last several elections, which is starting to finally turn around, is that people believe their vote doesn't count, doesn't mean anything. What I love is that when you take a look at the last two federal elections, we have had majority governments with 39.5% and 39.6%. More than 60% of Canadians didn't vote for either governing party.

So I'm fascinated when I listen to remarks about democracy and referendums. We know that in the last 10 years there was not a referendum. There was Bill C-4, Bill C-51, Bill C-377, Bill C-525, but not one referendum. I would argue, for those who are screaming for a referendum today, that we need to take a look at their history.

Now, I will argue that on October 19 there was a referendum, and it was a referendum of change. One issue was clearly the elimination of the first-past-the-post electoral system. On behalf of Unifor's 310,000 members, I am here to emphasize the importance of implementing electoral reform in time for the next election. I want to get straight to the point of the discussion, because it seems to us at Unifor that this process is quickly coming to a moment of truth.

According to remarks from the Prime Minister and also from Minister Monsef, broad-based support for change is a prerequisite for changing the system. The Chief Electoral Officer has said we need the broadest possible consensus. So let me be very direct with all of you: there is a broad base of support for electoral reform. You have the most recent Ekos survey from only a week ago: 60% want the government to fulfill its election pledge that we have had the last first-past-the-post election.

It's true that support for specific options is less decisive, but still, there is a clear broad base of support: support for PR, 46%; support for the current system, 29%; support for preferential ballots, 26%. In other words, there is one clear alternative to the present system: proportional representation.

Our members and most Canadians believe they have voted for change. They have voted for the principle of change, expecting that you will implement that decision with specific reforms that are understandable and explainable to our members in our communities.

This committee has the capacity, the mandate, and the information on voting systems needed to bring forward a majority position on electoral reform, and when you do so, the vast majority of Canadians will support you. In August our national convention affirmed that electoral reform must be addressed. Our members unanimously endorsed the proportional representation system for Canada. We did not get into the weeds of the particular kind of PR system; we say that is your job. We support the principle of proportionality to make sure that every vote counts and to make false majorities impossible. We want fewer reasons to vote strategically and more opportunity to vote for a hopeful, progressive future.

There's no question that our organization and one of my previous organizations, the CAW, talked a lot about strategic voting, but what was strategic voting really all about? We voted strategically because we didn't want a particular party. It thus wasn't about voting for the party you wanted; it was making sure that one party didn't get elected or have a majority with less than 40%.

We want fewer reasons to vote strategically. We want more reasons for young people and all those who have been alienated from politics to engage and participate in the democratic process. In our view, when Canadians think about electoral reform, they want the system to change so that all votes directly impact the composition of Parliament, instead of the situation in 2015, in which an estimated nine million votes are without real reflection in Parliament.

I want to comment also on the idea that has been floated that smaller reforms could be implemented with a smaller consensus. I don't think this makes a lot of sense.

First, support for the present system is pretty much limited to the core base of the previous government. Support for preferential ballots, which we assume is what is meant by “smaller reforms”, is even less. There is not more support for smaller reform. Frankly, there is not a single person in Unifor who has spoken out in favour of ranked ballots as the preferred option for reform, so I urge you not to go down that road. The way to get this done is for the majority of you to agree on the principles that represent Canadian opinions and values and then propose an electoral system that best implements those principles.

In our opinion, the core issue is that Canadians want a different system that eliminates false majorities. We have too much experience that these false majorities produce extremist, ideological governments that do more harm than good—I can argue the last 10 years any time. Canadians want less partisanship in politics and more co-operation that produces good public policy. It means that we all have to look forward to a different kind of government, with the knowledge that it is far less likely that any one party will dominate in the way we have become accustomed to, but we still have stable government. In our opinion, we'll have more stable government, and the incoming government will not spend the first year repealing the extremist agenda of the previous government. We will still have parties with distinct alternative policies. We will need more political leadership, not less, and it is that political leadership we need and expect now.

If the majority for electoral reform fails to take this opportunity, it will be a long time before these conditions come around again. Unifor members are ready for change now, and we are expecting you to lead that change to ensure that a new proportional voting system is in place for the next federal election.

Thank you very much.

Canada Labour CodeGovernment Orders

October 19th, 2016 / 5:30 p.m.


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The Assistant Deputy Speaker Carol Hughes

It is the same reasons we talk about electoral reform, for instance. It being 5:30 p.m., the House will now proceed to the taking of the deferred recorded division on the motion at the third reading stage of Bill C-4

Call in the members.

Canada Labour CodeGovernment Orders

October 19th, 2016 / 3:40 p.m.


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Conservative

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.

Canada Labour CodeGovernment Orders

October 19th, 2016 / 3:25 p.m.


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Liberal

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.

LabourOral Questions

October 19th, 2016 / 2:50 p.m.


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Kildonan—St. Paul Manitoba

Liberal

MaryAnn Mihychuk LiberalMinister 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 CodeGovernment Orders

October 18th, 2016 / 3:05 p.m.


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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.

Canada Labour CodeGovernment Orders

October 7th, 2016 / 10:05 a.m.


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Liberal

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 HouseOral Questions

October 6th, 2016 / 3:15 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader 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 CODEGovernment Orders

September 26th, 2016 / 6:25 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary 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?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 6:15 p.m.


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Conservative

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.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 6:15 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary 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.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 6:05 p.m.


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Conservative

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.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5:50 p.m.


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NDP

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.

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September 26th, 2016 / 5:35 p.m.


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Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Mr. Speaker, I would like to thank my colleague from Battle River—Crowfoot. I want to thank this charming man for trying to pronounce the name of my riding correctly. That is to his credit.

I am pleased to rise in the House today to defend democracy and the hard work of all members elected democratically. I would never question their commitment. Whether it is on this side of the House or the government side, all bills must be dealt with in the same way. There are no backdoor bills. They are all equal because they come in through the front door and are voted on here, in the house, by all MPs who were duly elected in a secret democratic vote.

Today, however, I have to say that the debate on Bill C-4 speaks to me because this bill is a direct attack on democracy, transparency, and accountability. Every time the Liberal government stands up and claims to be transparent I just want to laugh. It is about as transparent as mud.

The way the Liberals have been behaving these past few months shows they do not care a fig about transparency. Bill C-4 is the Liberal way of doing things. Before that, Bill C-377 required unions to disclose detailed information about their finances. That was called “accountability and transparency”. There was also Bill C-525, which called for a secret ballot instead of a vote by a show of hands. That is democracy.

Bill C-4 guts the very principle of democracy. We all have a duty in the House to be transparent and to protect our beautiful democracy. As elected members, we are asked to open our books, so why would we not ask the same of the unions?

The government should be far more concerned about this. Accountability is top of mind for everyday Canadians. They have had it with cover-ups and endless spending. They want the truth and so do we. Coming from a government that spends with no regard for taxpayers' money, Bill C-4 does away with transparency and accountability, principles that we Tories on this side of the House have long stood for.

Taxpayers have the right to know and understand. We should all vote to make unions transparent, not just to their members, but also to the general public. Bill C-4 allows unions to hold votes by show of hands, which would allow unions not to disclose all their expenses or, worse yet, not to be accountable to union members, the government, and the general public.

In the most extreme cases, union leaders may threaten or intimidate their members into voting a certain way. It is also important to remember that, like any self-respecting country and like any government that respects its voters and citizens, we know that we have standards of transparency for unions that we expect them to uphold.

France, the United States, and Germany have laws in place to ensure union transparency because, like us, they know that nothing should be kept hidden from taxpayers. Why should unions not have these same standards of transparency? After all, they have taxation authority over their members.

It is appropriate for them to be accountable to the public. They are the only non-government institution that has the right to impose a tax on its members. In short, voting by secret ballot is essential to ensure the safety of all members, to make sure that everyone votes according to what they think is best for their working conditions, and above all, to allow the public to know where its money is going.

Robyn Benson of the Public Service Alliance of Canada clearly stated that “PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action, as examples.” What is more, Marc Roumy, an Air Canada employee, indicated that unions would be stronger and more legitimate and would receive more support if they were more accountable and transparent. I am wondering what my colleagues opposite think about that testimony from a union leader and an employee.

I do not know what the minister is hearing from the people in her riding, but those in my riding of Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix want to know where their hard-earned money is going. My colleagues on this side of the House are all telling me the same thing.

We have to wonder what the government has to gain from such a bill. Why does the government have the support of the other opposition parties? Here is why: because they are financed by those very unions. Maybe this is just a way of thanking unions for the contributions they made a year ago. Nobody knows. It might also be them keeping the first of their election promises.

I am disappointed that the government is more interested in what union leaders have to say than in what the general population has to say. This government only has ears for its buddies and is happy to give them whatever they want. It does not listen to Canadians unless there is a photo op involved.

This has made me aware of some of the Liberal Party's disabilities. It is deaf to the people's opinions, dumb to union leaders, and blind to its friends' theft of taxpayer money.

I am very disappointed in this government. I will vote against this bill because I believe that transparency and accountability are of paramount importance to taxpayers.

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September 26th, 2016 / 5:20 p.m.


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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Mr. Speaker, I am very pleased this afternoon to be sharing my time with the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix. That has to be about the longest constituency name there is in Parliament. I congratulate the member for being the representative of a riding that I have a hard time pronouncing. However, she assures me it is a beautiful riding, and I must say that it is well represented.

I am pleased to voice my opposition to Bill C-4, the Liberal government's legislation to repeal two private members' bills that were actually passed in the former Parliament.

Bill C-377 provided a more robust accountability for union leaders. It added transparency to the process. Bill C-525 required the holding of a secret ballot for the creation and abolition of trade unions.

The Conservative government passed these two key laws on democracy and union transparency for one reason. Many of the workers approached these members of Parliament and told them stories about how they felt, that their rights or their ability to stand up and voice their frustrations or concerns were hindered. Therefore, two members brought the bills forward. However, the Liberals are reversing these two bills that brought accountability, transparency, and a stronger measure of democracy to the trade union system in Canada.

It is a shame that members of the Liberal Party have, throughout speeches earlier on today, undermined the private members' business process, diminishing the fact that it was just private members who brought these bills forward.

I remember when these bills came forward in the last Parliament. Russ Hiebert and also the member for Red Deer—Lacombe, when these bills came before caucus, sat down with opposition members and caucus members, and talked about the pros and cons. They told the stories about individuals who came forward saying that this would make a good bill, because they felt their rights were being hampered. Therefore, in some ways, to hear the attack on private members' business is disappointing. The result of what they have tried to do in Bill C-4 is actually anti-democratic, but the Liberals will not respect that.

What is worse is that these two bills are being repealed today by the government party and they are two bills that really strengthened Canada's democracy. They strengthened the accountability when it came to watch dogging the actions of unions in Canada. These two bills that the Liberals are scrapping gave Canadians and Canadian workers more insight into the workings of unions in Canada. They added transparency into the workings of unions for all Canadians, but most important, for those members themselves.

I might add that all the parties in the House of Commons, except for the Conservative Party of Canada, support this restoration of power of the union bosses over the average worker who is a member of the union. That average working Joe or Jane is also probably a member of the middle class, and we have the Liberals stripping rights from members of the middle class. Bill C-4 would strengthen the rights of the elites in the labour movement in Canada above the rights of those average union members.

This question was posed earlier. Did any constituents come to the Liberals now about Bill C-4?

I have had a couple of phone calls of disappointment that the Liberal government is doing this. However, in the last Parliament, I received a number of calls from my constituents, at meetings as well as calls into my riding, commending us for bringing this transparency and accountability into the union process. For the most part, they encouraged me to stand up in support of workers and union members against the iron-fist rule of their union bosses.

Canadians know that both before and during the election, for example, unions spent thousands of dollars, maybe hundreds of thousands of dollars, to campaign in the last federal election, and that is nothing new.

I can recall a time a number of years ago when a constituent came to me, a member of the nurses' union, and told me how during the provincial election the union bosses, the union reps, went out of Edmonton, down to their union meeting, and laid down the law. I told her that she had a free vote, that she could vote for whomever she wanted in that provincial election. She told me that it was more than intimidation; it was bullying.

I am not saying that happens all the time, but the measures we brought forward in the last Parliament prevented that type of thing. Many members supported the Conservative Party, yet they were helpless when it came to stopping the unions from spending their union dues to fight against the Conservative Party of Canada in the last election. These union members were not asked by their union bosses if their union dues should be spent in the election; they just did it. There was no way for those Canadians to stop them from working for one party or another.

In fact, many union members did not even know their union was spending a great deal of money in the last federal campaign, and let us be honest, in many campaigns. The ones I am very much aware of in my riding were more in the provincial elections. If they did know, they had no way of finding out how much money their union was spending and how much of their dues actually went to fight an election.

What are the observations about the bill?

I believe the bill would be a bad law for democracy. It would be a bad thing for democracy in the whole structure of the workplace, unionization or not. It would be bad for transparency. It would cut out a level of transparency and accountability in Canada. In fact, this law would allow a backward step on democracy and transparency.

It is clear that, today, with Bill C-4, the Liberal Party is thanking the unions for spending the millions of dollars in the last election without having consulted their members. I think it is a payback.

It is an interesting observation that the first bill introduced by the government is not a bill to create jobs. It is not a bill to stimulate economic growth. It is not a bill that would do anything to help the economy. It would seem that the Liberals have given up on the economy. They said that they would go into $10-billion deficit. Then it was $30 billion, and hopefully that would kick-start the economy.

The bill would do nothing to create jobs. In fact, it would only serve to please union bosses. It would reduce transparency. We saw that with the first nations transparency act as well. It seems the government is bound and determined that those are the accomplishments it wants to be known for.

The big loser in this bill would be the average union workers who would be forced to pay union dues, while the union bosses would not have to consult with them or be accountable to their management for those union dues.

Moreover, with the passage of Bill C-4, workers would now be forced into a position of publicly informing their colleagues whether they supported their union. This would exert undue pressure upon individual workers. At a public meeting, rather than having a secret ballot, even on the formation of a union or the disbanding of a union, the Liberals are now saying, no, the member should stand publicly and make his or her voice known.

Bill C-4 would abolish that secret ballot, and this is an attack on the process. The bill would violate the fundament principle of transparency. It is a disgrace and it is shameful. Bill C-4 would make it law that union bosses would be able to continue spending their members' fees without having to be accountable.

Why is it that important? Why do the members in Parliament worry about what the unions do?

Accountability is important to the public interest of Canadians, because union fees, as we have already discussed here in the House, reduce tax revenues, and it affects all Canadians. Union dues are not taxable, and therefore they reduce federal revenues.

I will not be supporting this bill. I realize that there was no consultation when this bill came forward. I recall, as I have stated, that the members who brought these private members' bills forward in the former Parliament did their due diligence. They did their homework. They spoke with unions, union workers, businesses, and colleagues here.

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September 26th, 2016 / 5:15 p.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I would have to hear the question again to follow what my colleague said, but for us, today's debate is on Bill C-4, which would repeal Bill C-377 and Bill C-525. It is unacceptable to us that Bill C-4 would repeal those two pieces of legislation.

My colleague and I would have to discuss this further outside because I cannot remember everything she said. It is clear to us that Bill C-4 would simply nullify what our government did to achieve union transparency and respect.

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September 26th, 2016 / 5:15 p.m.


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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, maybe my colleague can help us understand what is going on.

As I said before to another member, we are debating an amendment that would send Bill C-4 back to committee. Over the course of the four meetings that the committee spent studying the bill, the Conservatives presented no amendments. Now they want it to go back to committee. When I asked them whether they planned to present amendments and why they wanted to send it back to committee, they said that there was no way to improve it and that they had no plans to present any amendments.

Why do the Conservatives not just vote against the bill at third reading instead of trying to use an amendment to send it back to committee? I just do not understand what they are trying to do. We disagree on the bill, but it seems to me that if they do not plan to present any amendments, they should not send it back to committee. They should just vote against it if that is what they are going to do. I would like to understand what is going on. Can my colleague help me understand why this amendment is on the table?

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September 26th, 2016 / 5:15 p.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, that detail escapes me, because like my hon. colleague, I was not here at the time. However, I can say that Bill C-377 was aimed strictly at unions because some extremely important work needed to be done in that regard, for all the reasons I just outlined in my speech, such as transparency and control over what unions are doing.

What is most disappointing about this right now is that with Bill C-4, instead of amending the law, the government is going to completely abolish something that was done to benefit workers.

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


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I would like to thank my colleague from Saskatoon—Grasswood for his excellent speech.

The former Conservative government was a government of principle. We believe in democracy and people's choice and we are working to make the federal government more transparent. We worked toward that goal for the nearly 10 years that we were in office. That is why we supported Bill C-377, An Act to amend the Income Tax Act, and Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act, also known as the Employees' Voting Rights Act.

These two bills, which were introduced by members and passed by both chambers, helped to advance the labour movement, regulate it in a transparent manner, and modernize it. Bill C-525 made voting by secret ballot mandatory. Secret ballot voting is so revolutionary. It has never been tested before, except in referendums and federal, provincial, municipal, and school elections.

It took a law to make unions hold secret ballot votes. In fact, many provincial legislatures had to enact legislation in that regard, including Alberta, British Columbia, Saskatchewan, Ontario, and Nova Scotia.

Bill C-377 required unions to disclose how union dues were spent. It was not complicated, it was just common sense, especially because the money was deducted from paycheques as a result of an established practice. In short, these two bills would have made much-needed changes to unions.

I wanted to participate in the debate to speak out against what the government is doing. It is disappointing. The government's 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, will repeal these two bills.

It is disappointing to see that the Liberals, who claim to defend the middle class, widows, and orphans, are reinstating union secrecy. On the other side of the House, secret ballots and transparency concerning the use of financial resources are not important. It is not very surprising, but it is disappointing.

The Liberals' priority is to thank the big unions for throwing money at them to help get them elected. That is exactly what this government is doing with Bill C-4: it is thanking the big unions that spent big money during the last election.

It is partly for that reason that we had the longest election campaign on record. It was to prevent major unions from repeating what they did in the last Ontario election: they plastered the province with negative ads about a party in order to influence the vote. For these big unions, and for the Liberals, the interests of workers, their members, are far less important than their own corporate interests. It is not even close.

Bill C-4 spells the end for union certification by secret ballot. The big unions are free to keep using their intimidation and scare tactics to force employees into joining a union against their will. It is sad to see a strong-arm policy being enshrined by the government.

The government is failing to protect the silent majority, middle-class workers who have a hard time making ends meet and fear reprisals. They end up buying peace by keeping mum and voting against their conscience. The government is favouring the corporate interests of the big unions that need the millions of dollars in union dues that are taken off the paycheques of unionized workers.

There are many stories of intimidation. Out of fear of reprisals, or to stop the intolerable pressure, many people end up folding and agreeing to sign the certification form. They do not sign because they believe a union might be good for them, but because they feel threatened.

When the time comes to vote for or against unionization, the vote is rarely done by secret ballot. It is by a show of hands, or twisted arms if I may put it that way. Out of fear of being branded if they do not comply with their leaders, many workers choose to go with the flow instead of voting their conscience.

Workers do not vote their conscience. They are intimidated during the process, and they know that the intimidation will not stop if they persist in their opposition.

Even dictatorships that hold elections to legitimize their leaders' leadership do not vote that way. Most of the time, there is a secret ballot that gives people a choice: they can support the dictator or not. That is the way it has to be.

Everyone here would be up in arms if people could not vote their conscience because of intimidation or if intimidation shaped the outcome of any election to public office. The system as we know it would collapse. Why, then, would we accept or tolerate such a system for unions? It is inconceivable. Such behaviour is not tolerated in schoolyards, and so much is being done to counter bullying, but the government has no problem with bullying in a union context.

Secret ballots also protect employees from the possibility of their employer pressuring them not to unionize. Many employers abuse their workers and threaten to close up shop to avoid unionization.

If the majority want to unionize, and a secret ballot vote confirms it, there can be doubt about the will expressed by the workers. Why does anyone need to know how people voted, other than to apply pressure? No one in the House knows exactly who voted for whom in the last election. Secret ballot voting allows everyone to vote according to his or her conscience.

We can understand the Liberals' interest in letting the big labour organizations work under a shroud of secrecy with the money they collect every week from their members. After all, this government loves its doublespeak.

First of all, the government got caught using the public purse as a slush fund to pay for its own little whims. It was not until it was caught red-handed that the government agreed to apologize and admit its mistakes. It was not until the Minister of Health was caught making excessive expense claims for limousine service while in Toronto that she finally apologized and agreed to pay back that unjustifiable expense. It is even worse here, when we all know that Canadians already pay for a car and driver service for ministers.

Were it not for the monitoring by the House, we and Canadians would have been kept in the dark about the piles of money made available to the Minister of Environment and Climate Change for hiring photographers to take a bunch of pictures. Like a big union, the government would have preferred this crazy expense to be kept under wraps for good.

The same goes for the exorbitant moving expenses that the Prime Minister signed off on for his two main advisors and friends, Gerald Butts and Katie Telford. More than $220,000 was paid out to his close friends. It pays to be in the Prime Minister's inner circle.

Canadians are outraged to see their money being used as petty cash for the Prime Minister's close friends. Of course, in four years Canadians can get rid of the government if they are not satisfied.

Canadians benefit from having an opposition that hounds the government to be accountable with public money. Sadly, that is not the case with the big unions.

Although a unionized member can request access to statements showing how the union uses the funds it receives, that member cannot do much to limit the union's choice to support causes other than protecting and promoting workers' rights.

Let me be clear. I recognize that unions have a role to play as the representatives of workers when working conditions are being negotiated. However, influencing the outcome of an election and supporting charitable organizations are not really activities that protect workers.

The millions of dollars spent by Ontario unions on advertising in Ontario during the last election campaign boggles the mind. The big unions were defending their own corporate interests and not those of their members. Many union members are calling for more transparency from their unions and less involvement in matters that have nothing to do with protecting workers' rights. Paying for a plane to fly a banner urging people not to elect a prime minister does not help a union's members in the least. If leaders want to be involved in politics, they should stand for election. Many parties defend the interests of big unions in the House. They have lots to choose from.

However, if they are interested in protecting their workers, that is what their activities should focus on. Most of the time, union leaders spend money on things that have nothing to do with their mandate and without obtaining the support of their members. They act somewhat like kings who view the union dues collected as their booty. Workers are entitled to the same rigour from their union leaders when it comes to the money collected from their paycheques.

It is important to understand that there is no freedom of association in Canada's labour movement. With the Rand formula, when a union reaches the number of members required to become certified, union dues are automatically deducted from the paycheques of all employees, whether they were in favour of certification or not. That being the case, I think it is even more appropriate to have measures requiring large unions to keep their members and the general public informed of what they are doing with the dues they receive.

Our parliamentary system is based on the principle of no taxation without representation. In order to bring in a tax, authorization must be obtained from an elected chamber. There is a principle of accountability. Unions do not have that principle. Although workers' dues are collected systematically like taxes, there are transparency measures to show how the amounts collected by the unions are used.

For all of the reasons that I just mentioned and for many others put forward by my colleagues before me, including the member for Louis-Saint-Laurent, who did excellent work on this file, I have to say that I oppose this bill. This bill is not in keeping with this government's commitment to be open and transparent. It rewards the big unions and does nothing to protect workers—

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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 / 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.

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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 / 4:45 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.

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September 26th, 2016 / 4:30 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Mr. Speaker, it is a pleasure to speak to Bill C-4. I have been really discouraged as I have listened to the debate over the past eight or nine months. One of the themes that keeps coming up is that somehow private members' bills are illegitimate and that this is something that we were bringing through the back door.

We did a lot of consultation. Again, I would like to commend my colleague, the member from Red Deer—Lacombe, who put a lot of work into crafting this private member's bill that was passed in the House in a democratic process, through a vote, which I think is a fundamental part of this, that gave workers the opportunity to a secret ballot. It is disappointing that I have heard from my colleagues across the floor that these bills, Bill C-377 and Bill C-525, do nothing more than force unions to bring forward useless financial information and that it is unfair to have a secret ballot.

For a government that campaigned on a foundation of openness and transparency, I find it very ironic that it is now, today, and has been for the last eight months, on Bill C-4, talking about how unfair it is to have a secret ballot and how unfair it is to ask unions to make public their financial information, financial information consisting of a half a billion dollars of taxpayer money that is tax exempt. I think the Canadian people have a right to know how those dollars are being spent, but most important, it is important that the workers themselves know how those dollars are being spent.

My colleague, the member for Carleton, did a phenomenal job of talking about the history of secret ballots and our labour relations program, but what I want to talk about today is what I find frustrating in terms of the priorities of the Liberal government.

Obviously, I come from the province of Alberta. Things are very difficult right now. It is difficult to see that one of the first things the Minister of Employment did when she came into government was to try to repeal legislation that we put forward to ensure that unions had open and transparent government and employees had the opportunity to a secret ballot. Things have only gotten worse in Alberta over that time and I have not seen our employment minister speak once about what is going on in Alberta and some of the things that the government could be doing to try to turn the situation around.

One part of the employment minister's title that has not been stripped from her role is “workforce development”. I think she has an opportunity to change her priorities from repealing what is good legislation to talking about getting Albertans and Canadians back to work. There are probably more than 100,000 energy workers now unemployed and looking for work. These are families who are having a tough time paying their mortgages, putting food on the table, putting their kids in sports, in hockey, and it is only getting worse. Employment insurance claims in Alberta are up 90% over the past year. The Canadian Association of Oilwell Drilling Contractors has said that employment will be down 60%, from 2014 numbers. This is something that is going on across the country. I know we talk about the employment situation in Alberta being dire, that there is an 8.6% unemployment rate, which is the highest it has been in decades, but this is something that impacts Canadians from coast to coast.

It is very unfortunate that we have a Liberal government and an employment minister, specifically, who has really been missing in action on this. Her number one priority is repealing these pieces of legislation. I think that her priority and her focus right now should actually be on workforce development, which is one of her roles. One of those things that we could be doing in terms of workforce development is advocating for shovel-ready projects, things like the northern gateway pipeline, the Trans Mountain pipeline, things that will actually develop a workforce and get these unemployed Canadians, especially, Albertans in the energy sector, back to work.

When the Trans Mountain pipeline comes to cabinet, perhaps next month, will the minister be in that cabinet room? Will she be a voice for Canadian workers? Will she be a voice for Canada's energy sector? Will she be a voice for investment in Canada, or will she be just standing there, missing in action? Will she be a voice for and support the trans-Canada pipeline and get Canadians back to work rather than spending her time advocating for, what I feel, is a very low priority, which is Bill C-4?

I hope she has an opportunity to answer that today on how she will be advocating for the Trans Mountain pipeline when it comes before cabinet next month.

I look at Bill C-4 as a real step backward. Bill C-525 gave Canadian workers a chance for a secret ballot, which is I believe in vehemently. It is a cornerstone, a foundation, of our Canadian democracy. I am surprised that the Liberal government wants to repeal this.

Quite regularly now, the Liberal government is trying arbitrarily to make a change to a fundamental piece of our democracy, including now how we elect our parliamentarians. The Liberals are doing this with, we will say, consultations. They want to make a change to a fundamental part of our democracy without really consulting Canadians through a referendum. Why should we be surprised they would want to make a change to how unions could have a secret-ballot vote when they are going to make that same change to how Canadians elect their government? I find it ironic that the Liberals, piece by piece, are taking away the voice of Canadians.

It also shows, in my opinion, that when we spoke to Bills C-525 and C-377, we had very strong support from union workers. Some of our polling across Canada showed that as many as 86% of those polled supported this kind of legislation. To repeal that with very little if any consultation, I find very disingenuous. I do not think the Liberals have taken the opportunity to speak to union members and to get their feedback on that.

During the election last fall, I spoke to tens of thousands of my residents, and not once did this issue come up as a priority for the people in the riding of Foothills—not once. Certainly I had people talking about creating jobs and ensuring that our economy is strong, but I never had a single person at a door say to me that he or she would like us to repeal bills that encourage openness and transparency and give Canadian workers the opportunity for a secret-ballot vote. I would encourage the members opposite to tell me how often they had that answer at doors.

Bill C-4 is really about eliminating openness and transparency and removing the opportunity for Canadian workers to have a secret-ballot vote, which is a fundamental part of our democracy. To me, it is a cornerstone of what Canada was built on. It just seems backward for us to be taking away that right from Canadian workers.

Parliament is also discussing Bill C-7, which is a similar process for the RCMP. Are my Liberal colleagues on the other side of the floor also saying that they want to deny RCMP members the right to a secret-ballot vote when it comes to their opportunity to form or not form a union? I find this extremely disingenuous.

Looking through some data, what I find the most frustrating about this is that we are taking up some very important time in the House when we could be dealing with more important issues, such as employment and the economy. When we ask Canadians, we hear they support openness and transparency. When we ask Canadian workers, they say they support openness and transparency. However, it seems the only ones who do not are the members of the current Liberal government, which flies against everything they have talked about as we go through this.

The Liberals talked about consultation, which I do not believe has happened with Bill C-4. The more we sit here and talk about this, the more they delay a decision on the Trans Mountain pipeline; the more they delay a decision on the hearings on energy east; and the more they delay a decision on northern gateway, the ratification of the trans-Pacific partnership, and a softwood lumber agreement. On the really important things that the current government should be getting at and doing, it is not acting. The Liberals are spending their time pandering to big union bosses rather than pounding the pavement and helping to create jobs for Canadians who are struggling woefully right now.

In conclusion, I want to assure the residents of my constituency of Foothills that the Conservatives are fighting hard to ensure that they have a voice and an advocate for what they feel are most important: jobs, a strong economy, and their family.

Unlike the Liberals, who seem to think that workforce development is a bit of an oxymoron, we will be a champion for the energy sector, for small business, for Canadian investors, and for our farmers and our ranchers. These are the people who are creating growth. These are the groups and the folks who are creating jobs. It is not the union bosses. That should be the priority.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:30 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, I want to thank my colleague who gave a very learned speech in the House today and is representing his constituents admirably in this place by doing what is right.

In this place today I have heard a lot of arguments from the other side about a tripartite approach to dealing with labour, yet I have heard nothing from the government about consultations on Bill C-4. Bill C-4, right out of the gate, was presented in Parliament. It is the third bill that was presented before the House. I have not heard of any committee being struck to consult across the country. There is basically just a giant eraser coming out to erase legislation that came from the previous Parliament.

Other than a few news articles about union-paid workers showing up as so-called volunteers on campaigns and not disclosing those costs during campaign expenses and a secret meeting between some union leaders and the Prime Minister just after the election, I have not heard of any consultations. Has the hon. member heard of any tripartite approach that led to the tabling of Bill C-4?

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September 26th, 2016 / 4:10 p.m.


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Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, the actual process, which was already in existence with the labour relationship, was to maintain better unions and give prosperity to the Canadian middle class. However, the total system was disturbed by the creation of new laws which were unnecessary. Both of the bills created a total imbalance in the labour relationship. They were not required. They were unnecessary paperwork. On the order for the financial statements to be given by unions, a system already exists under the Canada Labour Code, which says that unions have to provide financial statements. The provincial laws are there, and unions themselves have their own constitution to provide financial statements. These laws were unnecessary, and Bill C-4 is the only bill which can make the changes to set the situation right and bring a balance to these relationships.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:10 p.m.


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Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, it did not happen only once; it happened many times during my election campaign. The card check system was in existence for a long time and it was not flawed. It was a proper system and it was working. The new system, where 40% of members have a secret ballot vote, gives more power to fewer people, those who can influence the unions and cause the disintegration of them. That will cause an imbalance in the entire system. That imbalance needs to be removed by Bill C-4.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:10 p.m.


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Liberal

Ramesh Sangha Liberal Brampton Centre, ON

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

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September 26th, 2016 / 4:05 p.m.


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Liberal

Ramesh Sangha Liberal Brampton Centre, ON

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

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September 26th, 2016 / 4:05 p.m.


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Liberal

Ramesh Sangha Liberal Brampton Centre, ON

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

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September 26th, 2016 / 4:05 p.m.


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NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

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

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

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

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

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September 26th, 2016 / 3:55 p.m.


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Liberal

Ramesh Sangha Liberal Brampton Centre, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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September 26th, 2016 / 3:40 p.m.


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NDP

Scott Duvall NDP Hamilton Mountain, ON

Mr. Speaker, it is my privilege to rise today to speak in support of Bill C-4, an act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act, and the Income Tax Act.

Bill C-4 is a small step forward. It recognizes the need to respect the rights of hard-working men and women across the country. Since I have been an advocate for the rights of working men and women for many years, it should come as no surprise that I support this legislation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The UFCW said this:

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

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

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

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

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

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

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

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September 26th, 2016 / 3:25 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I will be splitting my time with the member for Hamilton Mountain.

I am very pleased to be speaking at third reading of Bill C-4. I wish I had had the opportunity to do it sooner, because this is a good example of legislation that ought to have passed through the House far more quickly than it has. It was a clear commitment of the government during the election campaign. There is multi-party support within the House to get it done. It has been reported recently, and it is quite true, that it has been a relatively light legislative agenda from the government. Here we have a piece of legislation that is not competing for time with other government bills, because there are not that many. It is almost a year into the government's mandate and we are still talking about repealing Bill C-377 and Bill C-525. With the exception of those members who belong to the party that brought those bills in, there is virtually a consensus here in the House. If there was a bill that was going to move quickly through Parliament, this would have been the bill. It is a bit of a mystery why it is we are still debating it almost a year out from the election when we should be passing it.

I know all the members in the chamber by now are quite familiar with what Bill C-4 does. It repeals two acts from the previous Parliament. One is Bill C-377, which was a kind of red tape bill for unions. It was based on the pretense that simply because union members get some money back on their taxes for the dues they claim, the government has the right to mandate that they make all of their expenses public to everyone. It was not being asked of non-profit groups, whose donors also receive money back. The government was not saying that because corporations get to write off expenses, which is money back from the government, their books should be made open. It was discriminatory in the sense that it really did just focus on unions, who happened to be, it is fair to say, an opponent of the previous government. Therefore, there was a sense that it was a politically motivated targeting.

There were many parties in the House that agreed the bill simply had to go. I am glad to see we are moving forward with that, although I believe we could move forward more quickly.

Bill C-525 from the last Parliament made it easier to decertify unions, and therefore, made it harder to have a higher rate of unionization within the federal workforce. We know from many studies that in the lead-up to secret ballot voting it did that in two ways. It raised the threshold of members in a workplace who would have to consent to have a secret ballot vote in order to certify and it took away the option to certify through a card check. Card check means members in a workplace sign a card affirming they would like to be represented by a union and which union they would like to represent them. If a certain threshold of workers sign cards, that obviates the need to go to a secret ballot vote because a majority, whatever that majority happens to be, in this case it was 50% plus 1%, have indicated their support for the idea of having a union in the workplace.

We know through a number of studies and research into this that in the lead-up to secret ballot votes there are often instances of intimidation by employers of their employees. That can lead to a change in the outcome of the vote. In fact, success with those secret ballot votes is often inversely correlated with the length of time between announcing the intention to vote and the vote itself. The longer the period between the stated intention of having a vote to certify and the vote itself, the less likely that vote is to be successful. We know that is often because it gives the employer more time to use certain kinds of intimidation tactics on their employees to make them afraid of certifying.

That is the package we are talking about getting rid of.

I have already spoken a bit about how I think it would have been better if we had been able to pass Bill C-4 earlier in the term. I am thinking of a few other related labour-type issues and legislation that we have been dealing with in the House. I am trying to learn a lesson about the new government and what it means for something to be a priority of the government, because if anything was a priority, if we look at election commitments, this was a very clear commitment. It was shouted from the rooftops by the Liberals during the election. A major part of their strategy for doing outreach within the labour world was that they were going to get this done.

This should be a priority. Why it is not done I cannot fathom. Some may say on the other side of the House that it is because Conservatives want to talk out the bill, but Conservatives were not in favour of Bill C-10. We were not in favour of Bill C-10. I believe my colleagues from the Bloc and the Green Party were not in favour of Bill C-10. Nobody else in the House except members of the government were in favour of Bill C-10, an act that has made it easier to export aerospace maintenance jobs out of Canada to other shores, even though that was not an election commitment, even though that came out of left field, and in an important sense was not therefore a priority of government, certainly not one of stated ones. I have not seen that on the list of any priorities of the Liberals, to make it harder to employ Canadian aerospace maintenance workers. That does not appear on any document that I have seen. If it does appear somewhere, I would sure like to see it. Maybe we could have that tabled.

That was not a priority of government and that is signed, sealed, and delivered for the executives of Air Canada. That is done. This was a priority for Canadian workers, for labour activists, and a stated priority of the Liberal government, and here we are still talking about it when the ship for Bill C-10, which may be mixing metaphors, has long since sailed. I find that one hard to wrap my head around.

I think about another labour issue that has been before the House, Bill C-7, which sets a framework for RCMP members to bargain collectively. That had a Supreme Court imposed deadline. In fact, I think it is fair to say with hindsight that the deadline was used as an excuse to get that legislation through. We were told that maybe there were things that were not great about the bill, but it had to get passed by May 16 or the sky was going to fall and we were not going to be able to proceed in an orderly fashion with the certification of the union for RCMP members. That is what we were told. May 16 has long since gone by and that bill went to the Senate where amendments were made, but we have been back now for two weeks and I do not see when we are going to start talking about Bill C-7. If the government has a plan to bring that forward, I would sure like to know and I know there are RCMP members across the country who would like to know it is going to be brought forward.

There we have it again. Another priority of the government and it is sitting on the books, when legislative favours for Air Canada executives are what is really being rammed through and that is where the real priority of the Liberals has been. It is to get those things done that they never talked about, while things that have been on the books for a while and stated priorities of the government continue to languish. If there is a lesson in all of this, it is that it is not very good to be on the priority list of the government because it will launch consultations. They are not doing consultations on Bill C-4. They do not need to. That issue has been debated plenty in Canada and part of the decision that was made on October 19, 2015, was to reject that approach to labour legislation, but here we are. The same laws are on the books.

Part of what some people wanted and certainly RCMP members imagined was that when we had a government that thought about labour issues differently, it would be good for them because they would get an appropriate bargaining framework that they did not trust the Conservatives to deliver on. Yet the legislation that the Liberals decided to move forward with was almost a carbon copy of some of the worst aspects of the previous Conservative bill. Here we are. It is sitting on the books. I will say one last time in case anyone missed it, Bill C-10, which was not a promise of the government, which it did not consult thoroughly on, has passed. Government members talk about not moving forward with anti-scab because we do not have a robust consultation process. There was no robust consultation process for Bill C-10 and the sell-out of Canadian aerospace workers, so where was the ethos of consultation on that one?

The lesson learned is, God forbid something is named a government priority. It is far better to simply be a friend. Then the Liberals will get it done. If it is a stated priority for election purposes, the sooner the bill passes the sooner they have to stop talking about it, which means the sooner they have to stop reaping whatever political benefits caused them to make the commitment in the first place. That is disappointing. I hope we can end this debate, get this passed, and move on to some of the other things they said are priorities. Some of them are good priorities. It would be nice to do something about them rather than nothing.

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September 26th, 2016 / 3:25 p.m.


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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Mr. Speaker, again, let me very clear that we are here to speak about Bill C-4.

Our government is going to move forward with Bill C-4. We are going to repeal Bill C-525 and Bill C-377. I am very proud of that. I stand behind that.

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September 26th, 2016 / 3:25 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I know that the member for Saint John—Rothesay, in response to the question asked twice by my colleague, the member for Hochelaga, is keen to stay on the topic of Bill C-4. However, I could not help but notice that when the member for Winnipeg North asked him a question about postal workers, he was willing to expand more on a topic that does not directly with Bill C-4.

I would just ask, in that same spirit, if the member would now tell us whether or not he is prepared to support the anti-scab legislation that is coming forward to the House for a vote in the next couple of days.

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September 26th, 2016 / 3:20 p.m.


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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Mr. Speaker, again, we stand very clearly on our position on Bill C-4.

Bill C-4 is aimed at repealing Bill C-377 and Bill C-525. I am proud of the bill. Certainly, my riding of Saint John—Rothesay, which is a very strong union riding, is very proud of our government for intending to repeal those bills. We are going forward with Bill C-4 to repeal Bill C-377 and Bill C-525. We are going to work with unions. We are going to restore respect for unions. We are going to treat unions with the respect they deserve.

One thing for certain that I noticed going door to door during the campaign was that unions were demoralized, felt disrespected, and that their morale was very low. We are going to restore that right across the country.

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September 26th, 2016 / 3:20 p.m.


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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Mr. Speaker, again, we are here to talk about Bill C-4.

We made a commitment during the election to repeal Bill C-525 and Bill C-377. We are living up to that. We are restoring fairness and balance to our labour system. We are working with our unions. Going door to door during the election, I could not find anyone in favour of Bill C-377 and Bill C-525, despite what member of the Conservative Party thought.

We are going to restore fairness and balance to the labour environment across Canada.

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September 26th, 2016 / 3:20 p.m.


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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Mr. Speaker, Bill C-4 restores fairness and balance to our labour system. It allows unions an opportunity to go back to the way things were. There were no problems with respect to labour relations by and large before the Harper government came into office. There were maybe six complaints out of 4,000 complaints about unfair hearings, and so on and so forth, made to the labour board. Therefore, what we are doing as a government is bringing balance and fairness back by treating unions with fairness, respect, and transparency.

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.

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September 26th, 2016 / 1:55 p.m.


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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Madam Speaker, one thing the party opposite has never really come to grips with is the culture of demoralizing, degrading, and not working with unions. One thing the Liberal Party is going to stand up for always is open and transparent dialogue. Bill C-377 and Bill C-525 are anti-union, and I am proud to support Bill C-4 to repeal those bills.

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September 26th, 2016 / 1:50 p.m.


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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Madam Speaker, it is a pleasure speak in support of Bill C-4.

I rise today a proud member of my riding of Saint John—Rothesay, which is the oldest incorporated city in Canada and one of the most historic. It certainly is one of the most industrialized and strongest union cities in Canada.

I was proud to attend the National Day of Mourning at the Lily Lake Pavilion six months ago on behalf of my government. I toured the Frank and Ella Hatheway Labour Exhibit Centre and learned first-hand what a proud labour and union history our city had.

I was the only elected official this year to attend the Labour Day parade. I attended, with pride, with the firefighters from IAFF Local 771 Saint John Firefighters, its 9-1-1 service, and respected and remembered the fallen firefighters.

However, it is not so much about being pro-union or anti-union. It is about treating unions with respect, having a dialogue, and transparency with unions, which is why I rise today to speak in favour of Bill C-4. The bill would repeal Bill C-377 and Bill C-525, which I deem, as do people in my riding, particularly union members, union-busting bills.

When I went door to door during the campaign, union leader after union leader spoke to me about these bills. They felt disrespected, that unions were degraded, demoralized, and they wanted change. This is why Bill C-4 is so important. It is the next phase of our government's attempt to reverse the degradation and demoralization of unions, which the Conservatives used in their decade of power.

This government was elected on a pledge to strength for the middle class, and we strongly believe that unions are a key partner in fighting that fight. My home town of Saint John, as I said, has a long history of unions and an industrial base. Unions help grow our economy, protect our workers, and they are there to produce a more vibrant community.

The former Conservative government neglected the middle class for more than a decade. Instead, the Conservatives focused their energy on attacking unions and dismantling them. This is a fact. The members opposite speak about how unions supported them. However, I cannot find a union or a union member in eastern Canada that supported Bill C-377 and Bill C-525.

Saint John's history is of a key shipbuilding and trading port, and the British Empire shows how trade unions can create a vibrant and strong community. Only with strong unions did Saint John thrive, and only with these things again can we make Canada's middle class, especially my constituents of Saint John—Rothesay, stronger than ever before.

My riding of Saint John—Rothesay is a proud union city. I will always be immensely proud to stand up for our unions, such as our local firefighters, local 771; our police union; IBEW and Matt Wayland; the Public Service Alliance, among others.

These unions are the backbone of our city and its economy, and I will always stand up for them. This is why I care passionately about Bill C-4. It is standing up for unions and the ordinary Canadians who reap the great things that unions provide.

Bill C-4 would repeal two laws that were not supported by evidence, were not wanted by either employees or unions, created additional and needless red tape, and were designed to pit employers against employees. We all know the best way to get anything done is to work together, to work with respect back and forth, and have open, transparent dialogue. This is why Bill C-377 and Bill C-525 must be repealed.

The Conservatives justified Bill C-377 by claiming there were complaints by union members. Let us be clear. These complaints came from 0.002% of union members across Canada. It is a tiny portion of the four million Canadians who are members of unions. The Conservatives ignored the fact that federal and provincial laws already existed to ensure proper transparency about union spending to the proper people, the union members themselves.

This led to a massive administrative burden being placed on unions, as well as limited the ability of organized labour to effective collective bargain, reducing the ability of unions to help affect the landscape and help their members. Anything that hurts the ability of a union to collectively bargain for its members cannot be allowed to stand. An attack on collective bargaining is an attack on the union's ability to help its members, which hurts ordinary Canadians trying to get ahead.

Former Prime Minister Harper gave the best argument against the kinds of red tape that Bill C-377 created when, in January 2011, he said, “Cutting red tape is a most effective way to show that we are making government work for people, not the other way around”. He was right then, but then allowed red tape to hurt the union movement and stop it from doing good for ordinary, middle-class Canadians.

The Liberals could not justify supporting Bill C-377 then, and our resolve to help average Canadians who want to get ahead has not waned. Additionally, Bill C-525 was also something we could not support in 2014. It was without evidence then, and is certainly the same now. The government claimed the bill was the result of consultations with labour groups and employers, but there was no evidence ever given to show there were concerns about the way unions were certified. This bill was an answer in search of a problem, and a very bad answer.

Repealing Bill C-525 is also part of our government's commitment to evidence-based policy, listening to experts, and proper, thorough consultations. The mountain of evidence claimed by the Conservatives looks much more like a molehill: 6 complaints out of 4,000 Canada Industrial Relations Board decisions in the last 10 years. Actually, it is a molehill that was made to be bigger.

Bill C-525 is an anti-democratic attack. It eliminated card check certification and added an unnecessary second step for certification. It has become an invitation for employers to interfere with the democratic right of workers to choose representation. It has taken Canada away from a system of verification that worked quite well and has replaced it with one that is not fit for purpose.

Many local unions in my riding have talked to me about the new system of certification and the way the card check system is better, quicker, more efficient, fairer, and less open to employer interference, and I agree. It is right that we should listen to those in the community who have seen what the new system has done, the damage it is doing, and take what they say. We were elected to do and fight for ad back the middle class.

When I have gone door to door in my riding of Saint John—Rothesay and have talked to union members, I have yet to find a union or union member who supports Bill C-377 and Bill C-525.

The first time I spoke in the House was on this bill. I am proud to speak on it again. It is an immense privilege to stand here and fight for my riding and my union members, and the people of Saint John—Rothesay. I want to acknowledge union leaders like Dave Stevens, Peter Anderson, Abel Leblanc, Pat Riley, Bob Davidson, Darlene Bambridge, Debbie Ferguson, Clint MacGorman, Paul Britt, Terry Ferguson, and many others in my riding of Saint John—Rothesay, who stand strong and proud for unions. Unions built our middle class and the Liberal Party is here to support unions.

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September 26th, 2016 / 1:40 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, I would like to thank my colleague for his very eloquent speech. I could not have said it better myself, given that I was the sponsor for Bill C-525 in the previous Parliament. I want to thank him for his thoughtful approach.

I guess the House could take it that every private member's bill put forward by a Liberal MP is now a bill from their government and their Prime Minister. It is nice to know that Liberal MPs do not have any rights to put forward legislation on their behalf.

Based on what my colleague said in his speech, is the current legislation as it stands now not more in line and a reflection of the public opinion that he talked about in the Leger poll? Is Bill C-4 as proposed not completely offside with the wishes of union members?

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September 26th, 2016 / 1:40 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, with all due respect to my colleague, that is one of the most ridiculous things I have heard thus far in the House. He says it is not necessarily about the provision of the bill. What is it about then? We are debating whether or not we should pass Bill C-4, a piece of legislation before us. It is exactly about the provisions of the bill. What else could it possibly be about? He said let us not talk about the provisions of the bill, let us just insult the so-called flawed way in which the Conservatives, Mr. Harper, did this and that. It is great to be able to use his name.

Mr. Harper did many great things for this country. This is about the provisions of the bill. Let us have a discussion about the provisions of the bill. If Liberals want to throw mud, that is fine, but I would rather engage in a serious debate about this important legislation for the future of the country.

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September 26th, 2016 / 1:40 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I think the member has lost the point in regard to why we have Bill C-4 before us. Fundamentally, we disagree with the Conservatives. We need to recognize that there needs to be a balanced and fair approach in dealing with labour laws. We did not see that with the Harper Conservative government. That is what Bill C-4 is all about. It is taking a flawed Conservative way of changing labour laws and trying to restore confidence in a system that was working quite well prior to Harper.

My question is not necessarily about the content of the two bills. However, will the member acknowledge that the way in which Mr. Harper changed labour laws through private members' hour was fundamentally flawed, and the reason that we have to have this legislation is to restore confidence and balance in our labour laws? That is what we should be talking about today. Would the member not agree?

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September 26th, 2016 / 1:20 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, it is a pleasure for me to rise to join in the debate. Having listened to some of the different comments that members have been making and given the broad strokes in which this discussion has been discussed, let us get back and talk about the actual provisions in the legislation.

I think it is important to talk about the role of unions in society more broadly, and I will be making comments about that in my speech as well, but let us first be clear about what we are actually substantively debating.

What the government proposes to do in Bill C-4 is to whole hog repeal two pieces of private members' legislation that were passed under the previous government: Bill C-525, with respect to guaranteeing a secret ballot in the context of certification in federally regulated areas, and Bill C-377, which is a bill about financial disclosure for unions.

We are talking about some fairly specific things. We are talking about secret ballots and we are talking about financial disclosure. I would posit that one can be in favour of secret ballots and financial disclosure and still very much believe in the important role that unions have played, and continue to play. I think we can have an honest conversation about the provisions in Bill C-4, agree or disagree, while still recognizing that there are some points of common ground insofar as there are also points of disagreement.

One of the first lines of attack we see from the present government on these two private members' bills, and it is quite striking that it is doing this, is to attack the very legitimacy of private members' legislation, at least as a vehicle for putting forward substantive ideas.

I would argue, as an individual member of Parliament who takes my rights and responsibilities very seriously, that we are sent here to represent our constituents individually and private members' business is the only vehicle we have, and it is based on a draw, depending on where our names line up, for putting forward bills that we personally believe are important and for having the opportunity to have those bills discussed and then voted upon.

It is not only legitimate, but it is valuable for members of Parliament to use those private members' bill opportunities in very substantive ways. With the exception of bills that spend money, private members' bills are allowed to, and should, cover a wide range of different important and substantive topics.

Members opposite know the process that exists for private members' legislation. Of course, there is less time allocated in the day for a private member's bill debate than there is for government bill debates, but there are no such restrictions upon the ability of parliamentary committees to study that legislation once it proceeds to committee. Indeed, when private members' legislation makes it to committee and it is debated at committee, committees can call many different kinds of witnesses. They can take the time they need to consult, to hear from a broad range of stakeholders. Also, if a bill is going to become law, it will have gone through that process in both the House and in the Senate, providing two different opportunities, again, for stakeholders to be engaged. That is in addition to any consultation that individual members of Parliament do or that the sponsor also does.

There is a process in place, and it is important to underline that other than private members' legislation, there is no channel for anyone other than the government to bring forward bills in this place. Wherever members stand on the bill, I say, let us stop this attack on the legitimacy of private members' business, because it hurts all of us when members across the way make the kinds of comments that we are hearing about private members' bills somehow not being a legitimate place to have important and substantive debates.

I want to talk a bit about the role of unions, from my perspective and I think, probably, from the perspective of my colleagues on this side of the House, as well. I believe, we believe, that unions have a very important role to play in our society, that they have had and continue to have an important role.

First, they have a role in advocacy. We know that many of the basic, accepted notions of workers' rights that we have that are now protected in law for all workers are things that were initially advocated for by unions. Unions have provided that general social advocacy on behalf of certain reforms that have been important and helpful for workers.

Unions have also provided advocacy at a collective bargaining level on behalf of a whole bargaining unit. That continues to be an important role that unions play. Also, they provide advocacy for individuals who may have grievances or challenges in the workplace and need the support of a broader group such as a union acting on their behalf to ensure their rights and interests are protected. This advocacy is an important function that unions have and continue to carry out, and this is something I think we would find broad agreement on in the House.

Perhaps a role of unions that gets less attention, but is still very important, is the way unions provide training, mentorship, and elements of social community to people within the workplace. Members of my extended family who have been members of unions have really benefited from the mentorship structures that exist in unions. Therefore, unions play an advocacy role as well as a community role, and they provide a lot of value when they play that role.

Unions can also help to instill a deeper sense of pride of vocation. For many of us work is not just a way to earn a living, but something we invest aspects of our identity in and we appreciate the dignity and value that comes to us through our opportunity to contribute to the work we do. Unions can help instill that sense of pride in work, and often they do that.

On our side of the House, certainly from my personal perspective, we would strongly affirm that unions have an important role to play.

It is perhaps also worth recognizing that unions come in different forms. Some of the functions I just described, whether it be community, training, or advocacy, can often happen in a different form in a non-unionized workplace as well. Therefore, I would not say there is one model that is necessarily better than another. It is up to individual workers to evaluate and consider what type of workplace model best reflects their interests.

That is why it is important to have a democratic model for deliberation about certification and for workers coming to those decisions, as well as having a truly democratic model for deliberation about which union. There is increasing diversity of union options out there. It is logical to regard that as a positive thing, when we have different kinds of union models that provide workers with some choice in the process of certification, such as which union, what kind of union, or perhaps no union at all, in terms of how they proceed with their certification. There is an important role for unions and it ought to be one in which those functions are fulfilled.

Unions are at their best when they respect the internal diversity of opinion, the rights of their members, and democratic principles in their activities. Many unions do that. Unions are at their best when they consider their work in the context of universal human solidarity, when they are invested in the needs and interests of their workers, as well as the unemployed, as well as the long-term well-being of the company that supports their activity. Unions are at their best as well when they work to encourage excellence in the workplace. That is very common. That is something many unions do.

We can have a conversation about the details of how unions operate from a place of respect for the role they have and continue to play, but also we need to dig into these specific provisions and, recognizing the role that unions play, ask what the best way is to maximize their success.

As I was reflecting on that I thought it would be worthwhile to draw on some opinion data. I found a survey that Leger did in 2013 with some really interesting data about the opinions of the general public, as well as the opinions of members of unions, about some of the different aspects of the legislation. It is important that we listen to individual union members who have bought into this model, see the value of the work their unions do, and who also may have specific opinions about the kind of structure under which it could operate. This is from 2013, but I suspect there has not been a radical change in the opinions of union members on these types of issues.

The first question that was asked was whether they agreed or disagreed with the statement, “It should be mandatory for unions from both the private and public sectors to publicly disclose detailed financial information on a regular basis” .

Members might be interested to know that 61% of union members in that sample completely agreed with the statement that unions of both the private and public sectors should publicly disclose detailed financial information on a regular basis, and 23% somewhat agreed, so of current union members, over 80% either completely or somewhat agreed with the idea of public disclosure of financial information on a regular basis. If we are going to call some of these things “anti-union”, I think we should listen to what union members are saying and reflect on that feedback.

It was interesting to look through the full range of questions that the study asked. One of them was whether workers felt that their dues were being well spent. In terms of the numbers, 57% of unionized workers said they thought their dues were being well spent; 27% said they were not being well spent. Therefore, that is a positive number for unions. Unionized workers saying, yes, they see the value of their membership in unions, they see the value of the dues they are spending, but at the same time also saying that they see the importance of financial disclosure.

There has been some discussion of the use of union dues for certain kinds of political activities. It was interesting that 62% of unionized workers in this sample felt that making contributions to advocacy groups unrelated to workplace needs was something that they disagreed with. They did not want to see their dues used to fund advocacy groups unrelated to workplace needs. A full 77% of unionized workers said they did not want to see their dues being used to fund political parties.

That was some feedback. Workers are saying, yes, they see generally their dues being well spent, but they want to see that they are going to things related to workplace needs, not things unrelated to workplace needs, and that they see the value in public disclosure.

This one really stuck out for me, “A secret ballot vote should be required when forming or removing a union from a workplace.” Of current unionized workers, 62% completely agreed with that, and 24% somewhat agreed with that. According to this particular survey, 86% of current union members said they believed that a secret ballot should be required when forming a union in the workplace.

When I hear my colleagues across the way suggest that advocating for a secret ballot is somehow going against unionized workers, when well over 80% of unionized workers are telling a pollster that they want to have a secret ballot, there is obviously some dissidence there.

May I say, I wonder if that is why we hear so little discussion of the actual substantive provisions of the legislation. We hear members of the government saying that the old bills were anti-union and their new approach is eliminating those anti-union bills, without actually saying what the specific provisions in the bill were and whether those provisions in the bill accord with what union members are asking for. If we look at the numbers, it seems pretty clear that these things do accord with what union members are asking for.

When I spoke to the bill before, I talked about how one of the key arguments for a secret ballot is that a secret ballot provides an opportunity for prior deliberation. The card check system is one where members, seeking certification, may go around and get people to sign cards and then once a sufficient number of cards are signed, that is it, the union happens. However, when there is a secret ballot, there is an opportunity for discussion, for the employer and for those seeking certification to present arguments.

There was actually a poll question specifically about this issue of the process of deliberation. They were asked to agree or disagree with this statement, “During a union organizing drive, employees should be entitled to obtain information from both the union and the employer on the impact of workplace unionization”. Of unionized workers, 73% completely agreed with that and 24% somewhat agreed with that. A full 97% in this sample of current union members in Canada said that there should be an opportunity for the union as well as the employer to present information reflecting what their perspective is on the impact of unionization. These are some very telling numbers about the perspectives that union members have.

I want to conclude my discussion, of this poll at least, with reference to one additional question that asked for perspectives. They gave two options. One option was on whether unions are still as relevant today as they have ever been. The other option was on unions being needed and relevant at one time but whether today they are any longer necessary. There were 71% of unionized workers who said that unions are still as relevant today as they have ever been.

A very large majority of unionized workers very much see the value and relevance of unions, and a majority of unionized workers believe that their dollars are being well spent. This is good news for unions in the present and in the future. However, at the same time, workers are saying that they want to have a secret ballot and that they appreciate the value of financial disclosure.

I think this is where we, as a House, need to be. We need to be listening to what workers are saying. We need to recognize what they are saying about the value of unions, for them, and for our society as a whole. We also need to recognize what they are saying about these very simple but important areas of having a proper process in place for certification, and also of ensuring that there is a proper mechanism in place for disclosure.

In the remaining time I have, I will come back to this issue of the secret ballot. It amazes me to hear colleagues in this House argue against the secret ballot. We are having a discussion about so-called electoral reform right now. I do not know if anyone has proposed in the conduct of these discussions that we should eliminate the secret ballot.

The idea of eliminating the secret ballot in our election system would be seen as totally ridiculous and would be very concerning to Canadians if anyone proposed it. However, for the purposes of union certification, it is like we are entering a completely different dimension. People who were elected by a secret ballot, who are very used to the principle of a secret ballot in every other kind of election, say it is not needed when it comes to certification.

The arguments we hear stretch credulity. For instance, they say that secret ballots provide a greater opportunity for employer intimidation. Did they miss the “secret” part of secret ballot? On what basis could it be argued that there is intimidation on a secret ballot?

Again, we do not hear the government arguing against the use of the secret ballot in federal elections because of the risk of intimidation. Obviously, not. That is exactly why we have a secret ballot, to eliminate the possibility of someone looking over another person's shoulder and saying that they should vote this way or that way.

Secret ballots also reflect something else. They reflect a fundamental right to privacy that every person should have with respect to their political opinions. Most of us here choose not to be all that private about our political opinions. However, Canadians have a right, if they wish, to not talk publicly about their views on certification within their workplace. Members might understand why not wanting to tip their hand one way or the other in terms of their views on certification would be a choice that some people would want to make.

If that is how they want to express their right to privacy, to vote in secret about certification, in elections or in any other cases, that is a fundamental function of the rights to privacy that we expect. People should be able to not expose their political opinions if they do not wish to do so.

In the context of the secret ballot, I talked about the importance of the process of deliberation, having an opportunity for debate without having a certification drive sneak up on people who are not aware of it or do not have an opportunity to have that conversation.

I will conclude by saying that this is an important bill, one on which we can and have had good debate. However, we should dig into the provisions. We should talk about the bill. I think we all accept that there is an important role for unions in society. We also need to listen to what unionized workers are telling us with regard to the specific provisions of the bill. Then we need to evaluate it accordingly.

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September 26th, 2016 / 1:05 p.m.


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Liberal

David Graham Liberal Laurentides—Labelle, QC

Madam Speaker, I am pleased to take part in this third reading debate on Bill C-4. This bill was tabled to kill Bill C-377 and Bill C-525, which were rammed through by the previous government.

I support this bill for many reasons. Today, I would particularly like to point out the lack of transparency and consultation that marked the passage of Bill C-377 and Bill C-525. In both cases, the previous government distorted the legislative process and made it completely unfair. Yet, these two bills made significant changes to Canada's labour laws.

Our government firmly believes in taking a fair and balanced approach to legislating on labour relations issues. It firmly believes in striking a balance between the rights and responsibilities of employers and those of employees.

Many organizations testified before the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. Many of them criticized the fact that Bill C-377 and Bill C-525 were drafted without proper consultation with unions, employers, the provinces and territories, and the Canadian public. In his testimony before the committee, Hassan Yussuff, president of the Canada Labour Congress, indicated that these private members' bills represented a fundamental and dangerous attack on the rights and freedoms of working people in Canada to organize unions free from outside interference. He went on to say that the bills were developed without consultation with the labour movement. They threatened to polarize federal labour relations and fundamentally tip the balance between employers and unions.

Our government does not support an approach that does not include consultation, and that is why we need to repeal the amendments that these two bills made. They are unfair and also harmful to our economy. The reform of Canada's labour laws is far too complex and important of an undertaking to be taken lightly.

While drafting Bill C-4, we took the concerns of our provincial and territorial partners into account. That kind of constructive approach is the only appropriate way to go about changing the legislative framework that governs labour relations.

Bill C-4 will help restore fair and balanced labour relations and will ensure prosperity for Canadian workers and employers. Bills C-525 and C-377 were clearly very problematic.

For example, Bill C-377 was a direct attack on the collective bargaining process because it required unions to disclose detailed financial information about their activities, including information on strike funds, which gave employers an undue advantage over unions.

There was a reason why Michael Mazzuca, a representative of the Canadian Bar Association, told the committee that, because of its major concerns, the association fully supported the provisions of Bill C-4 that repealed those of Bill C-377. He also indicated that the latter bill was fundamentally flawed and triggered serious concerns from a privacy, constitutional law, and pension law perspective.

Bill C-525 attacked union certification and decertification. The former government's intentions were crystal clear: to make it harder for Canadian workers to organize. This measure, just like Bill C-377, gave employers an unfair advantage over workers. It is time to restore balance and fairness to a system that has been working for a long time.

Stable labour relations are crucial to moving our economy forward. It was high time to restore that stability because Bills C-525 and C-377 were adversely affecting the climate of labour relations and bargaining in Canada.

In committee, a number of people shared their concerns over the impact of these bills on privacy, their constitutionality, and the fact that they are seriously weakening the labour movement.

Let us not forget the important role that unions historically played in Canada. They have always stood for protecting labour rights and ensuring the development and prosperity of the middle class across the country. We owe many of our rights to labour unions. We are proud of them.

Bill C-4 will make things right again by restoring the balance of power between the parties. We made that commitment during the campaign and now I am proud to say we are honouring it.

If the former government had bothered to hold real consultations, if it had not been driven by ideological beliefs, and if it had done its homework, we would not have to clean up this mess today.

Fortunately, Bill C-4 will fix everything. I urge all members to give it their enthusiastic support. Canadian workers and employers will be glad for it.

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September 26th, 2016 / 1 p.m.


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Liberal

Marwan Tabbara Liberal Kitchener South—Hespeler, ON

Mr. Speaker, Bill C-377 was also introduced under the previous government. It was called unconstitutional by seven provinces and was opposed by a significant number of unions, police associations, federal privacy commissioners, and the Canadian Bar Association. It put unions at a disadvantage during collective bargaining and made it more difficult for employees to unionize. It added unnecessary and redundant compliance requirements for financial disclosure, which were already addressed in the Canada Labour Code and in many provincial labour statutes.

Jerry Dias, president of Unifor Canada, Canada's largest private sector union, called it an attack on unions. Canada's largest public sector union, the Public Service Alliance of Canada, said the bills were designed to weaken unions.

It is clear that both bills were counterproductive to a fair and balanced relationship between workers and employers. It comes as no surprise that repealing them was a priority of my party during last year's election campaign. Our commitment won the support of many Canadians. Consequently, repealing these two pieces of the previous government's labour legislation was a priority in the mandate letters of the Minister of Employment, Workforce Development and Labour and the Minister of Public Services and Procurement.

To honour our commitment, and to avoid excessive red tape while steps were being taken to repeal Bill C-377, the Minister of National Revenue waived reporting requirements for labour organizations in December 2015 for the 2016 fiscal period.

To repeal Bills C-377 and C-525, Bill C-4 was introduced to amend 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 the introduction of both bills.

Bill C-4 would also amend the Income Tax Act to remove from all the acts the requirement that labour organizations and labour trusts provide annually to the Minister of National Revenue information returns containing specific figures that would be made available to the public.

The Government of Canada recognizes the important role unions play in protecting the rights of workers in this country and in helping the middle class prosper. To achieve a fair and balanced federal labour policy, we have to repeal the provisions enacted by Bills C-377 and C-525. I encourage all members to vote in favour of Bill C-4.

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September 26th, 2016 / 12:55 p.m.


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Liberal

Marwan Tabbara Liberal Kitchener South—Hespeler, ON

Madam Speaker, I would like to inform you that I will be splitting my time with the member for Laurentides—Labelle.

It is great to be back on Parliament Hill. I hope everyone had a great summer and time well spent with their families and loved ones.

Prior to the election, I was a member of United Steelworkers Local 4610 for over 12 years. Early on, as a teenager working in a unionized manufacturing facility, I was unaware of the role unions played for their members. As I matured and grew older, I quickly realized the great value of unions in protecting workers' rights. Today I am proud to rise in this chamber to talk about the role of the unions in the country and how Bill C-4 will reinstate a fair and balanced federal labour policy.

Unions are a fundamental element of Canada's social and economic fabric and are at the core of our middle class. They help create well-paying jobs, safe communities, and a prosperous economic environment. They set standards for working conditions and quality of life for working people.

Canada has a relatively high rate of unionization, with 30% of workers belonging to unions.

Union-negotiated wages and benefits are usually superior to what non-union workers receive. Higher wages foster a thriving middle class. Higher wages mean more money spent in our consumer-driven economy. Higher wages mean a healthier population.

Unions have been a driving force for economic equality and social rights in Canada, including pay equity for women, safer workplaces, and better pensions for retirement. These advantages are not restricted to union members. Indeed, when unions raise the bar, they raise it for every worker in Canada. The five-day work week, minimum wage, maternity and parental leave, vacation pay, and protection from discrimination: we owe them to the actions of unions.

I have worked in both non-union and union environments. To elaborate, with respect to safety, I remember working in a unionized environment, and the thoroughness of the orientation it provided on safety was superior to any place I had worked before. I had worked in non-unionized places, and although there was a lot of training on safety, the unionized places ensured the safety of their workers to the highest level I had seen.

When Bill C-525 and Bill C-377 were presented under the previous government, they were perceived by many as an ideologically driven and unwarranted attack on unions and collective bargaining.

Bill C-525 was introduced in June 2013. The provisions contained in the bill were designed to make it harder for unions to be certified. It was proposed and enacted without consultation with relevant stakeholders, and because of that, a number of labour organizations and employers expressed their opposition to the bill.

Bill C-377 was also introduced under the previous government—

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September 26th, 2016 / 12:40 p.m.


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Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, I would like to thank my colleague from South Surrey—White Rock for sharing her time with me. Clearly, it is much easier to say the name of her riding than to say Montmagny—L'Islet—Kamouraska—Rivière-du-Loup.

I also want to thank the member for Louis-Saint-Laurent and the member for Lévis—Lotbinière, who participated in last week's debate. They did an excellent job of pointing out the importance of the bills passed a few years ago by our government, specifically Bill C-377 and Bill C-525. They were very important bills.

The government seems to be saying that these bills are not as important because they are private members' bills. Today, the government is trying to make it seem that these bills are less important, even though the Liberals themselves have some bills of this nature on the table at present.

We should also applaud the contributions of former member Russ Hiebert and the member for Red Deer—Lacombe, who is still with us. They sought to make the labour movement fairer, more transparent, and more democratic.

If Bill C-4 is passed, the government will be denying workers two fundamental rights. The first is union transparency, which is very important. Members pay union dues and must therefore have the opportunity to vote in a transparent process. That is what we believed at the time and what we still believe today. We also believe that unions need to be transparent, particularly with regard to the dues they receive.

Workers must be able to exercise their right to vote by secret ballot without fear of reprisal from their colleagues or superiors. We know that there have been instances of retaliation in the past. Intimidation occurs within the labour movement. That has always been the case and will likely always be the case.

These two rights are common sense and taken for granted. They should have the unanimous support of all members of the House, but they do not. The Liberal Party feels indebted, not to ordinary workers, but to big union bosses who obviously worked behind the scenes to help the current government get elected.

Whether they are members of a union or not, all Canadians have a vested interest in ensuring that labour groups are transparent with their members and with all Canadian taxpayers, since $4 billion in union dues are collected every year. As a result, unions are entitled to tax credits for labour-sponsored funds, such as Fondaction CSN and the Fonds de solidarité FTQ in Quebec. These funds are paid for by all Canadians.

We therefore believe, and rightly so in my opinion, that full transparency is needed when it comes to these funds and the taxes that are paid. That is why Bill C-377 was so necessary.

As our colleague pointed out last week, $500 million in taxpayers' money goes into these funds annually. That is a huge amount of money. The government opposite believes that requiring unions to make public any expenditures of $5,000 or more places a heavy administrative burden on them.

As members of Parliament, to get reimbursed for a taxi ride we are required to submit a receipt if the total is equal to or greater than $25. We have to substantiate our claims.

I think this government has a lot to learn from what happened in the past few months because, by all accounts, transparency was lacking. This government claims to be extremely transparent. However, we learned that the Minister of Health claimed $1,700 in expenses for her limousine, the Minister of Environment and Climate Change claimed $6,000 in expenses for a photo session, not to mention everything we learned last week about the moving expenses for key government employees, including employees of the Prime Minister. Hundreds of thousands if not millions of dollars have been spent by a number of departments.

If it were not for the fact that transparency is mandatory in this Parliament, we would be none the wiser. It is therefore essential that the same level of transparency required of governments and elected members be required of unions and of big union bosses.

If I were a factory worker in La Pocatière, Montmagny, Rivière-du-Loup or l'Islet, which are four towns in my riding, I know that union dues would be deducted from my paycheque every week in order for the union to protect my interests. However, that money must be spent wisely.

Any government or organization must be transparent for its taxpayers or its members. We cannot stress this enough. We must ensure that all members of an organization have a full accounting of how their money is spent, because it is their money. As MPs, we manage taxpayers' money. Thus, the government must be transparent. It says it is, however, it is not even exercising its own prerogatives.

If this government believes that $5,000 is too low a threshold for a detailed accounting of expenditures, what amount does it believe is more appropriate? That is an excellent question because $4 billion in union dues is paid every year. Five thousand dollars is a minimum. That was our belief back then and that is what we continue to believe today. Does the government have a different minimum threshold?

It is important to remember that, as MPs, we have to report any expense of $25 or more. I do not see why a union should not have to do the same for expenses of $5,000 or more so everyone knows how people's union dues are being spent.

The government has to answer for how it spends taxpayer money, and charities also have to account for their spending to comply with Canadian law.

Any charity that supports a particular candidate or party during an election campaign runs the risk of being stripped of its special tax status under the Income Tax Act. Why should unions be exempt from similar neutrality and impartiality obligations?

The Liberals say they are all about evidence-based policy, but they often seem willing to turn a blind eye to union activities whenever it suits them.

We believe that Bill C-4 will destroy all the crucial measures we included in those bills. Transparency being a priority, union leaders must demonstrate the same degree of respect, integrity, and care as government and opposition MPs. As those in charge of managing taxpayer money, we must be transparent about how we spend it.

Bill C-4 gets rid of all that. Those two essential pieces of legislation worked very well together. I think they are necessary and should continue to be necessary. That is why I am going to vote against Bill C-4.

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September 26th, 2016 / 12:25 p.m.


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Conservative

Dianne Lynn Watts Conservative South Surrey—White Rock, BC

Madam Speaker, I will be sharing my time with the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup.

I rise in this House today to speak 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.

The bill would reverse a number of pieces of legislation that made it easier for union members to have a fair say within their unions via a secret ballot. It also ensured that union leaders were accountable to their membership and taxpayers by having their financial statements disclosed, as they operate tax free. This is no different from political members of Parliament, MLAs, crown corporations, charities, and native reserves, which I now understand has been reversed as well.

I have heard much throughout this debate, from all parties. I heard some of the most disturbing comments last week from members, and again from one of the members today, calling this original legislation “backdoor”, “anti-union”, “an attack on labour unions”, “union busting”, and that we, as Conservatives, hate unions.

I not only find those comments absurd; I find them frankly offensive. Many of our members have worked with unions and many have belonged to unions. There are seven out of 10 provinces that have financial disclosure requirements. Union members, past and present, along with the general public, supported disclosure, by over 80% in polling data when the bills were first introduced in 2013. When did accountability and transparency become so abhorrent to the government?

I have personally worked with numerous union leaders, union executives, and union organizations over many years. We did not always agree on every topic, but we still worked together. We still resolved issues. We still respected each other's opinions. More important, we respected each other's differences. In past elections, I have been publicly endorsed by unions, and even in this past federal election, as a Conservative, I was endorsed by a union.

The reason I say this is to allow some balanced perspective to enter into this debate. Bill C-377, passed by the previous government, added an additional tool of confidence and transparency for workers, requiring unions to disclose the way that they spent their money. It did not regulate how unions could spend their money, nor did it regulate any other activity. It simply helped to give Canadians a more open and transparent picture.

Bill C-525, also passed by the former government, helped strengthen the rights of union members. It gave them the power to vote by secret ballot.

However, this bill, Bill C-4, would take those rights away from union workers. It begs the question of why a government, which insists that it is all about openness and transparency, is so insistent on taking away workers' rights.

I have witnessed the certification of manufacturing plants. I can assure members that this is not an easy nor a smooth process. I have personally witnessed the intimidation by both union workers and management personnel. A secret ballot lets an individual's true opinion be heard without fear of repercussions. By not allowing a secret ballot, we are putting workers, on both sides of the issue, in a very awkward and intimidating situation.

Let us never forget that all parties must work together to create a healthy and productive working environment. Jobs need to be created; they need to be sustained. Opportunities need to be provided for workers, and industry sectors need to grow. It is a symbiotic relationship, one that cannot survive without the other.

Canadians across this country have the democratic right to vote for their elected representatives by secret ballot. Abolishing the secret ballot is one of the most undemocratic actions that a government can take, and this is exactly what would happen with this legislation. A government cannot and should not pick and choose who gets the right to a democratic process. However, the current government is continuing down this path.

Not only are we seeing the lack of democratic process through Bill C-4, but we are seeing this play out in communities across this country with the so-called consultation on electoral reform. There is an overwhelming desire by the general public to have a referendum. We have seen it over and over again, in dozens of polls, in letters, newspaper articles, and in petitions across this country. People want a say in the way that they elect their political representatives. To have a few people gathered at town halls is not representative of the people's voice. It is one element to gather information. However, we cannot base our decisions solely on a few people showing up at a town hall.

By note, there were about 70 people in my riding who came to a town hall: the EDAs, the last candidate of record for the Liberals, some of their friends, and a very small number of people who were non-partisan. That does not represent the majority. However, I did send out a questionnaire to every household in my riding to ask about electoral reform, as well as having an online questionnaire. Overwhelmingly, the people want a referendum. They want a say in how they elect their representatives. They do not want politicians deciding for them.

Another funny little anecdote is that the issue of electoral reform was at the bottom of their concerns. People are concerned about health care, jobs, rising taxes, and a litany of other things. It certainly is not electoral reform.

This tells us many things, and it gives us an indication of what the current government thinks of openness, transparency, and accountability. People want a referendum on electoral reform and for workers to have a right to a secret ballot. Whether they use it is up to them, but they should have that right. Conservatives value transparency, accountability, and democracy, which is why we introduced those pieces of legislation in the first place. Bill C-4 is the complete opposite of transparency, accountability, and democracy. Therefore, I cannot support Bill C-4.

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September 26th, 2016 / 12:25 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, in listening to the question, one thing that came to mind is the fact that throughout this entire debate, outside of the Conservative Party, I have not received one phone call, email, or letter, at least to the best that I can recall, which was critical of Bill C-4.

The same cannot be said about the private members' bills. Bill C-525 dealt with the card check system, about which the Conservatives would ultimately say it should be the freedom of the vote and that the card check system is not needed. Many members of the union movement in particular thought it was a way to minimize the growth of unions, and even destabilize other unions currently in place.

Bill C-377 dealt with financial matters, where unions as a group were targeted. For what reasons? I have commented extensively on this. I believe there was a lot of negative political motivation that ultimately put politics and wedge issues ahead of Canada's best interests in terms of labour relations in our country.

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September 26th, 2016 / 12:20 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, let me be crystal clear as to why it is we have Bill C-4.

In essence, it is about the fundamental values of how negotiations should be taking place in the collective bargaining process. Those values were violated by the Harper Conservative government. Bill C-4 is an attempt and a first step in restoring that balance of fairness, of openness, to labour relations here in Canada. It would fix a problem that the Conservatives created. That is what Bill C-4 is all about.

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September 26th, 2016 / 11:55 a.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, as many will know, when there is an opportunity to talk about the issue of labour relations in Canada, as much as possible people can count on the fact that I love to be able to share my thoughts on what I believe is a very important issue. It is an important issue not only for me but also for the Prime Minister and the Liberal caucus as a whole. That is very clearly demonstrated in the degree to which labour relations has been made a parliamentary priority by the government.

I can recall having discussions about labour-related legislation prior to our being in government, when we discussed two private members' bills. I will comment on that because at times it was fairly emotional for my colleagues opposite when we indicated the manner in which the past government, the Harper government, had changed the labour laws.

One of the discussions that took place had to do with the sense of unfairness about what the Conservative government was doing at the time in introducing private members' legislation. Therefore, no one should be surprised that the new government, led by our current Prime Minister, has made a fairly bold statement that we want to establish a new attitude and a new relationship between labour and management, given the harm caused by the former government. It did not take long for our new government and the Prime Minister to bring forward legislation that will ultimately assist in setting the stage.

Bill C-4 is a genuine and effective attempt to repeal legislation that was previously introduced in the House by private members. I was there during the debate when those private members' bills were brought forward to fulfill what we believed at the time was the Conservative Harper government's agenda with respect to labour relations.

Over the years, I have had the opportunity to walk on picket lines and to support workers. I have had opportunity to meet with management groups to talk about labour relations. I understand the importance of balance. At one point, I was even the labour critic in the Province of Manitoba. I understand how important it is that there be balance, because balance is what provides for an effective bargaining process.

Although we have only held the reins of power here at the national level for a relatively few months, I believe we have made significant strides forward. I was really encouraged by our ministries here today that were so effective in sending the message to Canada Post and the union not to expect the current government to jump in with back-to-work legislation.

The government's expectation is that the stakeholders in this case, the management and the union, will be able to negotiate in good faith. I believe that in good part they have understood that the government wants to see that different attitude toward negotiations and that it believes it is in their best interest, both management and the labour side of Canada Post, to reach a negotiated agreement. In essence, that is what we have witnessed. When there is an opportunity for a negotiated agreement between the stakeholders, I believe this is what we should be striving for at all times. I do not believe the previous government really appreciated that fact.

Hansard will clearly demonstrate that I would comment back then that everyone knew at the time that the government of the day would institute back-to-work legislation virtually immediately if a strike took place. How did that influence negotiations? It was not just in respect of Canada Post. Indeed, the government needs, as much as possible, to respect and allow for negotiations in good faith. It does not necessarily mean that we are limited. We act in the best interests of Canadians at all times.

The former government did not recognize the importance of labour harmony. That is one of the reasons why we, as a government, had to deal with labour legislation right from the get-go. That is exactly what our Prime Minister and our government did with the introduction of Bill C-4. First reading was back in January and the bill was brought forward for second reading in February.

What was the Conservative Party's official response? The Government of Canada said that Bill C-4 was a priority piece of legislation and that we should debate it. Back then, the Conservatives did not think twice. They brought forward an amendment to the legislation. The amendment read:

That the motion be amended by deleting all the words after the word “that” and substituting the following therefor: “this 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, because the bill violates a fundamental principle of democracy by abolishing the provision whereby the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority”.

Right away, the Conservative Party attempted to reject Bill C-4. It did that because it prefers those private members' bills, no matter who was offended by them. I am very proud that the government continued to push forward boldly with the legislation, understandably so, and we saw it go to committee.

When we deal with bills like C-525, C-377, and C-4, they go to committee and we get all sorts of different types of presentations on them. However, in this case, both labour and management argued that the approach established by Bill C-525 and Bill C-377 set a dangerous precedent for labour relations and law reform, wherein the tripartite consultation process—referring to employer, union, and government—had traditionally been considered as essential by the stakeholder to maintaining a workable labour-management balance.

We saw both sides make that claim. Many members in the Liberal caucus have raised that issue. I listened to my colleague from Atlantic Canada, when he was the critic for labour, stand up many times and articulate how important that balance was and how we had to respect the importance of the stakeholders. That was one of the fundamental flaws with the private members' bills that were being advanced at the time, which we are repealing through this legislation.

We have an hour of private members' business every day, almost without exception. There was substantive labour legislation. When changes are made to labour legislation, there is an obligation to take those stakeholders, the labour and management sides, and bring them to the table and sit down with them to get a good understanding of where consensus could actually be built. That allows the government to be involved in this well-established process that has proven to be fairly effective in Canada. Other jurisdictions look to Canada to see how we are able to provide balance between labour and management, and the different stakeholders.

That is something that is so critical, yet both of those private members' bills did not go through that process. In fact, if we had applied the same rules of procedure to Bill C-4 as we did to the two private members' bills, then we would not be debating the bill right now. The bill would have been limited in terms of the amount of time allowed for debate.

Members know full well that a private member's bill is treated quite differently than a government initiative or government legislation. There is more debate time for government bills. There is a different process, whether it is the lead-up, the making of the legislation, ensuring that there is that consultation and that the consensus is built between and labour management, all the way to the second reading, third reading, report stage, and so forth.

There are time limits that are instituted in our rules to deal with private members' bills. That is why many thought it was intentional on the part of the Harper government to have private members bring legislation in through the back door. We have made reference to that in the past. Many on the other side get very upset or are offended when we talk about that backdoor approach, but they need to recognize that there is a difference in the process. That offended both labour and management stakeholders. At the time, the Harper government completely ignored that.

Now we are going through the process. What was Bill C-525? It was the Employees' Voting Rights Act. It was introduced in the House of Commons as a private member's bill on June 5, 2013, by the Conservative member for Red Deer—Lacombe. The bill received royal assent on December 16, 2014, and ultimately came into force on June 16, 2015. It suggested that the card check certification model, which we believe is quicker, more efficient, and more likely to be free of employer interference, was something the Conservative Party adamantly disagreed with. It articulated that it needed to be gotten rid of.

However, it did not go through the process. The private member, heavily supported by the government, brought forward that piece of legislation and it offended a great number of people, not only union personnel.

Then Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), was introduced in the House of Commons on December 5, 2011, again by a Conservative member. The bill ultimately did pass on December 12, 2012. On June 26, 2013, amendments were made to the bill in the Senate and it was referred back to the House of Commons for review; however, the bill was restored back to its original version. Keep in mind, that was a majority Conservative Senate. Even the Senate recognized the imbalances being caused by this piece of legislation, but the Harper government used its majority to kick it back. Ultimately it was accepted and then put into force after royal assent in June 2015 and took effect in December 2015.

It is no wonder we have made this a high priority for this government. We heard some criticisms at the time about Bill C-377. That it could upset the existing labour relations balance between unions and employers was a comment we heard continuously, whether it was through debates or at the committee stage. That union financial disclosure was already addressed in the Canada Labour Code and in many provincial labour statutes was also something that was raised on many occasions, as well as why the Conservative government was singling out unions. What was the driving factor behind the Conservatives doing that?

It must be pointed out that the bill is discriminatory against unions and ignores other types of organizations such as professional associations, which also receive favourable treatment under taxation law. The bill would invade the privacy of labour organizations and their members.

It is interesting to note that the Alberta Union of Provincial Employees launched a constitutional challenge to Bill C-377. I understand that challenge is now in abeyance until we see what takes place with Bill C-4. There were a great many concerns dealing with privacy. Even the Canadian Bar Association and the Office of the Privacy Commissioner provided comments to that effect. The CBA suggested that the bill may be subject to legal challenges on those grounds alone.

It is amazing the number of provinces that voiced opposition to Bill C-377. A majority of the provinces also criticized the bill for potentially crossing over and destabilizing the labour relations environment. This is where I started my discussion. When we talk about Bill C-4, it is all about righting a wrong. It is restoring a sense of fairness and balance to our labour laws and that is of the utmost importance.

The Conservative government lost touch with Canadians on labour issues, as it lost touch on many different issues with Canadians. Bill C-4 is a good bill and should be supported by all members because it brings back and restores balance to labour relations.

The House resumed from September 23 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.

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September 23rd, 2016 / 1:30 p.m.


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The Assistant Deputy Speaker Carol Hughes

For the benefit of the House, I will reread the proposed amendment.

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.

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.

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September 23rd, 2016 / 1:25 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I would like to begin by congratulating my veteran colleague who spoke just now. I appreciate his letting the whole country know that he will soon be a grandfather. I wish my colleague's children and grandchildren all the happiness and success in the world.

There is a reason I called the member a veteran. He was first elected in 2006, so he has been in the House for more than 10 years. Like all Canadians, he probably remembers the first bill the Harper government introduced in 2006, the Federal Accountability Act. His new government had to literally—I was about to say something kind of rude—turn the page on an unfortunate chapter tarnished by the sponsorship scandal.

The first thing the Harper government did was pass a law on accountability. One of the first things this government is doing is passing a law that gets rid of union accountability and attacks democracy, transparency, and accountability.

What does my colleague think of the way this government is using one of its first bills, Bill C-4, to attack the very building blocks of this country: democracy, transparency, and accountability?

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September 23rd, 2016 / 1:10 p.m.


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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Madam Speaker, today, I rise to speak to Bill C-4. This is a very important debate because, unfortunately, this bill will change union democracy in the coming decades.

Many people will agree that the Liberal values do not represent the values of union members. In fact, they are quite removed from the values of a responsible government, values that were bequeathed by our Conservative government during the last Parliament.

Our Conservative government gave a voice to union members on fundamental values. To do away with transparency and the freedom afforded by a secret ballot shows the lack of respect and judgment of the Liberal government, which is practising the politics of avoidance and patronage for its friends. This government has simply abandoned union members and bowed to pressure from union leaders. I am being polite using the word “pressure”. “Returning the favour” would be a more accurate way of putting it.

Obviously, unions do have a role to play. Union members have chosen to pay dues so that the unions will stand up for their rights and negotiate working conditions that are acceptable to and benefit both parties.

They did not choose to pay dues to be involved in labour relations horror stories, such as the ones we all have heard about from friends who were victims or the ones we were personally involved in. Obviously, we have all heard of people who did not dare go vote because they were told that, if they were voting against the union, they were not voting the right way and to watch out. They were advised not to attend the meeting because the vote would be held by a show of hands. They were advised to stay home. In some cases, not even 10% of workers voted.

That is just one of thousands of similar situations. We are talking about intimidation, harassment, bigotry, exclusion, and abuse of power.

We all know workers who have paid and are still paying the price of these tactics, including sometimes irreversible occupational and mental burnout and other traumatic effects.

Taking away unionized workers' rights is unacceptable and completely inconsistent with our society's values of freedom and transparency. The government says it is transparent, but anyone can see that, for almost a year now, it has had no qualms about doing whatever it pleases.

Imagine telling Canadians they have to vote in a general election by raising their hands. There would be an uproar if people were given appointments to go vote in a community centre with candidates and parties looking on or even staring them down.

That is what the Liberal government is going to make our unionized workers do. It is also going to force its MPs to vote the party line even though this is a moral issue. Shame on them for treating all 308 of us legislators as though we do not matter.

My concerns are the same as those of thousands of Canadians who are angry at the Liberal government, a government whose priority is letting union leaders amble up to the trough and joining them there. The Liberals have a long history of doing things that way, and they keep doing it until they get caught with their hands in the cookie jar.

Considering how little this government has delivered since taking office, it sure seems to like hopping all around the globe, courtesy of the taxpayers of Canada, giving away Canadians' money, which this Prime Minister seems to think of as his own.

There have been many spending scandals, including many examples this week alone, such as the exorbitant relocation expenses of $200,000 for the chief of staff and the Prime Minister's best friend, limousine and room rentals for the work of certain ministers at prices that are just as exorbitant, and of course, the billions of dollars in debt that this government is going to leave to future generations, including my unborn granddaughter, whom we are expecting soon.

As we all know, the Liberals seem to be the only ones who can't count. They are going to run out of money, and my fear is that, at this rate, that is going to happen soon.

When will the Prime Minister's soap opera I got caught with my hand in the cookie jar finally be cancelled? Not only are the Liberals helping themselves to taxpayers' money, but all week long, the Prime Minister has been defending the indefensible and trying to cover it all up. This shows a flagrant lack of judgment on the Prime Minister's part.

However, this is not surprising, given the endless examples of wasteful spending. The next few weeks are going to be very interesting.

The party has gone on long enough. Will they finally stop handing over Canadians' money to the Prime Minister's friends, doing favours for unions, and wanting to fix what isn't broken? Where is this Prime Minister's judgment?

Something else that makes no sense is the Liberal government's dedication to electoral reform. No one in my riding has spoken to me about this. No one at all. Why complicate something that Canadians have understood for more than 140 years? In my humble opinion, it is the Prime Minister's judgment that needs to be reformed.

I believe, as do Canadians concerned about the politics of avoidance, that centralizing power in the hands of the minority or using scare tactics to serve one's own interests is completely unethical.

I hope that my colleagues opposite will understand what I mean by politics of avoidance. I am referring to how they have backed away from defending democracy, being accountable, being engaged, protecting everyone no matter their status, fulfilling their government responsibilities for the common good in order to benefit the few.

Now they want to break with the tradition in the Constitution Act, 1867, and the Supreme Court Act, both of which govern the Supreme Court appointment process because the Prime Minister feels like giving himself the right not to keep with tradition and appoint a judge from Atlantic Canada. It is unbelievable, but true.

I am afraid that this Liberal government's anything-goes attitude is just the beginning. So far it has excelled in just one area: social activities that involve selfies and being a bit player on the world stage. The government ought to remember that this is not theatre.

Our Prime Minister is a national joke. Transparent for the smart phone cameras he might be, but stand up for transparency in democratic institutions and organizations he cannot. He is an embarrassment.

He was a leader who promised to stand up for the middle class, but he hoodwinked millions of Canadians with his grand promises. As citizens, workers, retirees, parents, individuals, and a country, we all stand to lose so much in the end.

Bill C-4 serves merely to enhance the image and serve the interests of an egotistical individual who is running away from making real decisions for a strong, prosperous, and safe society and economy like the ones the Conservatives bequeathed to him.

I would like to list just some of the so-called changes introduced by this government: tax hikes, an end to income splitting, cuts for families earning less than $60,000 a year that use tax-free savings accounts to put money aside, a threat to the child care tax credit, an end to the air strikes against ISIS, along with never-ending deficits that will cripple the economic future of our country, our children and our grandchildren.

As though that were not enough, now the Liberals are coddling union leaders instead of standing up for dues-paying members, our noble workers who have a right to vote according to their convictions and in complete secrecy.

I think it is high time that whoever is pulling the strings within the Liberal government showed some judgment and did something to ensure that its actions reflect the values of a responsible government that promotes transparency and the right to exercise one's right to vote in a respectful manner.

I will end with a word that aptly describes the Liberal Party of Canada: scandal.

The bill before us bolsters the return of Liberal cronyism. It flies in the face of Canada's democracy and the values of the Conservative Party and Canadian society. It violates the rights of union members and all Canadians. I therefore urge the Prime Minister to come to his senses or for one of his advisors to help him to finally see reason.

For all of these reasons, I move, seconded by the member for Louis-Saint-Laurent:

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.

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September 23rd, 2016 / 1:05 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, Bill C-4 would restore balance within the labour relations system in Canada, and we need balance. In any type of bargaining process, we need that system in place.

More important, for the broader economy, we need to have a transparent collective bargaining process take place, much like we saw with the recent Unifor negotiations and the recent CUPW Canada Post negotiations.

Frankly, the two bills that the previous government brought into place were unnecessary, basically attacked unions, and tilted the system in a way that upset the balance that was currently in place and was working fine.

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September 23rd, 2016 / 1:05 p.m.


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Liberal

Pierre Breton Liberal Shefford, QC

Madam Speaker, I wish to congratulate my colleague for his excellent speech and his support of this bill.

I agree with him that unions are important partners in our labour relations, which must be based on co-operation, transparency, and respect.

Bill C-4 seeks to restore fairness and balance in order to improve our labour relations with Canadian unions.

My question is quite simple. I would like to give the hon. member the opportunity to provide a few more examples of the benefits of this bill.

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September 23rd, 2016 / 1:05 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, one of the components in Bill C-4 in repealing Bill C-377 and Bill C-525 is that union financial disclosure is already addressed in Canada's labour code and many provincial labour statutes. Therefore, many of the provisions contained in Bill C-525 and Bill C-377 were actually unnecessary. Also, the bill targeted only unions and not professional organizations.

With regard to the construction industry, there is a very healthy collective bargaining process that takes place in Ontario between the construction unions and their counterparties, and it has allowed the province to grow and prosper.

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September 23rd, 2016 / 1:05 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, Bill C-4 seeks to address two real issues that were brought in by the previous government on Bills C-377 and C-525, which tilted the balance that was in place away from unions. That is the first step we have adopted to address within our labour relations area.

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September 23rd, 2016 / 12:55 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I wish everyone a good afternoon and a happy Friday.

I am very proud and fortunate to stand here at third reading to support our government in moving forward this important piece of legislation, Bill C-4, which would repeal Bills C-377 and C-525.

I spoke to this bill earlier, but I wanted to share my thoughts on Bill C-4 again, because I believe strongly in working to create a prosperous Canada, one in which the middle class and those looking to join it can grow and succeed. It was something I campaigned on last year and was a key plank in our government's election platform.

The two bills Bill C-4 seeks to repeal undermine labour unions and labour relations in our country, and in so doing, weaken our middle class.

Our government has an unwavering commitment to the middle class through initiatives like the Canada child benefit, which now sees nine out of ten Canadian families receiving higher monthly and tax-free benefits of approximately $2,300 a year; our middle-class tax cut, which reduced taxes for over nine million Canadians and will provide, over the next five years, approximately $20 billion in tax relief for Canadians; and recently, an historic agreement the Minister of Finance reached collaboratively with his provincial colleagues to expand and strengthen the Canada pension plan.

Our government is working to strengthen Canada's economy and to ensure that all Canadians have the opportunity to succeed.

When I last spoke to Bill C-4, I talked about the importance of the bill in restoring a clear and balanced approach to labour relations in Canada. I also talked about the fact that both my parents were union members. It was through the labour movement and its fight for fair wages and benefits that our family prospered in Canada. Frankly, it is one of the reasons I have the privilege to stand and speak in this House today.

I would like to focus my comments today on my personal connection to labour unions and their importance in helping create and sustain a strong middle class. However, before I do, I should probably provide some context and briefly explain the two bills that are to be repealed.

Bill C-377, which received royal assent in June 2015 and came into force at the end of 2015, created unnecessary red tape for unions and put workers at a disadvantage during the collective bargaining process. Bill C-525, which came into force on June 16, 2016, made it more difficult for employees to unionize and easier for a bargaining agent to be decertified.

Both bills diminish and weaken Canada's labour movement, are counterproductive to a positive working relationship between employees and employers, and negatively impact the growth and prosperity of Canada's middle class.

The two bills Bill C-4 seeks to repeal were ideologically driven, not fact, and were aimed at undermining the effectiveness of labour unions across Canada from coast to coast to coast.

One bill, Bill C-377, places onerous and unfair reporting obligations solely on labour and not on any other organizations, be it professional or otherwise. The other bill, Bill C-525, changes the way unions are certified and decertified, making it harder for workers to organize.

There was no compelling need to make it harder on the labour movement and no sound economic argument for the Conservative changes to the Labour Code. In fact, it was quite the opposite.

Given the essential role unions play in fostering and maintaining a prosperous middle class and in protecting the rights of workers, needlessly upsetting the labour market relations system that has contributed significantly to the overall Canadian economy makes little economic sense.

I said that I would be focusing my comments on a personal connection to the labour movement. Those members who know me know that I am an economist and a former corporate and government debt analyst who worked on Wall Street and Bay Street for nearly 25 years. People might ask themselves why I would be such a strong proponent of Bill C-4. It is because professionally and personally I recognize the importance of balance in Canada's labour system not only in allowing workers to make free and informed decisions but in giving employers a degree of certainty and access to a skilled workforce.

If we want to see an example of the labour system working in balance, we can look no further than the recent negotiations between General Motors and Unifor. Through a transparent collective bargaining process, both sides have come to a tentative agreement that seeks to achieve the best interests of both parties: business and labour.

I will quote Jerry Dias, Unifor's national president, who stated:

“This framework puts into motion what will be a historic agreement to secure a future for our members, for our communities and for the auto industry in Canada,” said Unifor National President Jerry Dias, who led the negotiations.

We must always ensure that labour and business can bargain in an open and balanced process. The bills that are repealed in Bill C-4 tilted that balance and it was wrong.

In my constituency of Vaughan—Woodbridge, I see how a fair and balanced labour system allows LiUNA and the carpenters' union to work with their partners, helping to ensure the availability of an educated and skilled labour force. That collaboration has played a large role in the phenomenal growth in enterprises in the city I call home, Vaughan, throughout the GTA, and, frankly, all of Canada.

Over the summer, I attended a LiUNA industry awareness event at its training facility in my riding of Vaughan—Woodbridge, where I saw first hand the training programs that LiUNA offers its members. LiUNA and its partners continue to train successive generations of workers who make Ontario a strong province and a beautiful place to call home. We must remember that unions like LiUNA continue to advocate for better health and safety conditions and strengthen pensions, which allow for a strong, prosperous, and growing middle class.

On a personal level, I also appreciate the importance of unions and a fair and balanced labour relations system. I was raised on the northwest coast of Canada in Prince Rupert, British Columbia, one of three boys, and both of my parents were union members. My father was a tradesperson, a carpenter and sheet metal worker. My mother, who, like my father, immigrated from Italy, worked in a fish processing plant. My parents came to Canada to build a better life and they brought with them the only asset they had: a work ethic and desire to build better lives for their family. With their union jobs, with benefits, good wages, and a safe environment, their aspirations for their family came true.

My parents instilled in me a very strong work ethic. Certainly those who know me, know I have carried that ethic with me proudly my entire life. They also instilled in me a very real understanding of the importance of unions and what decent wages and benefits meant to families.

In high school and while studying at university, I was a union member, working at the fish cannery, the Prince Rupert grain elevators and a pulp mill during the summers to help pay for my education. The work was not easy and the pay was not exorbitant, but it was a fair and decent wage. Because of the rules and oversight that unions helped to bring about, dangerous work environments were made safer.

Unions and their members are one of the backbones of the middle class in Canada. Union jobs enabled my immigrant parents to join the middle class. They allowed me the opportunity to pursue a higher education and, ultimately, with much happiness and privilege, it led me here to stand before the House of Commons.

I want to reiterate my full support for Bill C-4, our government's efforts to restore a fair and balanced labour relations system, and reaffirm my commitment to working toward creating and maintaining a prosperous Canada, one in which the middle class and those looking to join it can grow and succeed.

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September 23rd, 2016 / 12:40 p.m.


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Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

Madam Speaker, it is a pleasure to stand today to talk about Bill C-4.

Its purpose, of course, is to repeal the provisions enacted by Bill C-377 and Bill C-525. In other words, Bill C-4 aims to restore fairness and balance to labour relations. Throughout this process, there are some who worried about transparency. In fact, they claim that Bill C-4 attacks the transparency to which our government has committed itself. Nothing could be further from the truth.

All in this House know that our government is a champion for transparency. We are a government that is transparent, honest, and accountable to Canadians. We adhere to the most stringent ethical standards.

If we are talking about transparency, it is because this issue is of particular concern with regard to Bill C-377. Some think that the legislation was necessary to improve the financial transparency of unions. They say that it was required to guarantee public access to information on union expenses.

However, our government strongly believes that they are mistaken. Rather than improving transparency, Bill C-377 created additional privacy issues. Bill C-377 was pushed through Parliament by the previous government despite loud opposition from many different groups, including Conservative and Liberal senators, constitutional experts, and certain organizations, such as the Canadian Bar Association.

The previous government refused to listen to anyone, which is precisely why they are the previous government. We do things differently. We listen, and our efforts to improve labour relations in Canada were applauded by key stakeholders. The Public Service Alliance of Canada was pleased that our government tabled legislation to repeal Bill C-377 and Bill C-525, which this union believed was designed to weaken unions, was unconstitutional, and was a violation of privacy rights.

Canada's Privacy Commissioner Daniel Therrien has expressed concerns with Bill C-377. In his view, publicly listing specific individuals' political and lobbying activities, as well as education, training, and conference activities, in accordance with Bill C-377 is overreaching.

Recently, he appeared before the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, also known as HUMA.

I will take this opportunity to advise the House that I am splitting my time with the hon. and learned member for Vaughan—Woodbridge.

If I may quote Monsieur Therrien from that committee, he said:

My role is to advise parliamentarians on the consequences that legislative measures can have on privacy. I do not have an opinion on the activities of labour organizations, specifically, but, like my predecessor, I have maintained all along that the provisions contained in Bill C-377 and its previous incarnations, went too far by imposing a public disclosure requirement. They were unreasonable and infringed on privacy rights.

Mr. Therrien continued as follows:

....transparency is not an end unto itself; it cannot be an absolute objective to the exclusion of other considerations....Transparency efforts must be carefully balanced with the need to protect the personal information of individuals.

I could not agree more.

Protecting personal information is something that Bill C-377 simply does not do.

To provide my hon. colleagues with more context, this legislation amended the Income Tax Act to require unions to provide the Minister of National Revenue with detailed information on their finances. More specifically, Bill C-377 forces labour organizations and labour trusts, including those under provincial jurisdiction, to provide information returns. These returns would then be made publicly available on the Canada Revenue Agency's website.

Bill C-377 requires this information to include financial statements stating the total of all transactions, including certain transactions over $5,000 listed separately. These could include statements on their assets, debts, and expenses, and the salaries of certain individuals.

As if this were not enough, unions must also provide details on the time spent by certain individuals on political and lobbying activities and activities not related to labour relations. Worse still is that failure to comply with reporting requirements is considered an offence subject to a fine of $1,000 for each day of non-compliance, up to $25,000 per year.

Let me state clearly that Bill C-377 does nothing to add to the transparency of a union's affairs, and the former government knows this well.

To begin with, were this legislation to remain in place, employers would have access to a union's financial information, but the opposite would not be the case. In the collective bargaining process, unions would clearly be put at a disadvantage. For example, in the case of a work stoppage, an employer would know exactly how much money the union had in its strike fund, so it would know how long the union could hold out in the event of a strike. All the employer would have to do is wait until the strike fund was exhausted. That is unfair, unbalanced, and unreasonable. The union would be completely stripped of one of its key bargaining levers.

In addition, the strict disclosure requirements apply only to labour organizations and labour trusts and do not affect other groups that also receive beneficial tax treatment under the Income Tax Act.

This practice discriminates against unions and upsets the balance of labour relations across this country.

Lastly, provisions are already in place requiring unions to fulfill their financial reporting responsibilities. For example, section 110 of the Canada Labour Code requires unions and employer organizations to provide financial statements to their members upon request and free of charge. There are similar provisions in most provincial labour relations legislation. Bill C-377 does nothing to add to this regulatory regime.

The reality is that the vast majority of unions already make their financial statements available to their members. These documents generally contain aggregated financial information and seem to meet the intended objective without it being necessary to name specific names. In other words, it protects privacy. Instead of promoting true transparency, Bill C-377 infringes on the right to privacy.

We should not force unions to provide detailed information on their finances. That is why steps have already been taken by the Minister of National Revenue to remove these obligations. As a result, during the repeal process, unions and other stakeholders affected by the bill are not required to submit detailed tracking of their activities for fiscal year 2016.

Balance is key. We need to be transparent, but we also need to respect privacy. Balance needs to be restored in relations between employees and employers. To that end, I urge all members of this House to support Bill C-4.

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September 23rd, 2016 / 12:40 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, I thank my colleague for giving me the opportunity to talk about this issue and to reflect on the previous government's attitude toward unions. It certainly was not the champions of unions, and I think most of us in this House would agree, except for perhaps a few.

Part of the agenda of the previous government was to reduce workers' rights as much as possible, and to undermine the collective rights of workers and unions to make workplaces better, to improve health and safety.

If we look at other things that were involved in the previous government's Bill C-4, we will see a list of things it wanted to remove: health and safety, the rights of public sector workers to take things to the labour relations board. It wanted to unilaterally be a part of negotiating things it took off the table that we could no longer do with collective agreements.

When the Conservatives espoused the words “democracy, transparency and accountability”, they were using those to say that working people are somehow not that way, that unions are not that way, that the public is not that way. It was a wedge issue in order for them to bring forward what was very clearly the anti-worker, anti-safety, anti-union agenda of the previous government.

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September 23rd, 2016 / 12:30 p.m.


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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Madam Speaker, I want to thank my colleague for her comments today. Certainly she has a great deal of equity in her opinion. I know that her career background before coming to the House was in working on behalf of Canadian workers and ensuring the concerns of those who face day-to-day challenges are being heard. As the member brought forward in her speech, those are numerous, and certainly as a government we will try to work at it. It is a daunting challenge and a daunting task, but hopefully month after month we will be able to address many of the changes that the member talked about today, and some of the improvements that she talked about today.

However, in particular on Bill C-4, because I know the member has been involved in the labour movement, with the past legislation that would be repealed I fail to see where any of that legislation would have improved the life of any Canadian. I do not know how those pieces of legislation would have created a job in this country. It appears to many, and certainly to me, that it was just an affront to organized labour.

Could the member share her thoughts? Obviously, our take on it was that it was just an attack on organized labour.

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September 23rd, 2016 / 12:15 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, I am very pleased to rise today in support of Bill C-4.

I would like to take this opportunity to congratulate the minister as well as the government on following through with one of their election promises.

New Democrats vigorously opposed the former Conservative government's attempt to restrict the rights of unions, and to change the rules governing labour relations under the guise of increased transparency. These bills were designed to weaken unions by forcing redundant and unreasonable financial reporting requirements on them and by making it more difficult for Canadians in federally regulated workplaces to join unions.

Allow me to recap the two bills that Bill C-4 would repeal.

Bill C-377 was an unnecessary and discriminatory law designed to impose onerous and absurdly detailed reporting requirements on unions. It was pushed through Parliament by the Conservatives despite widespread opposition from many groups, including constitutional and privacy experts, the provinces, Conservative and Liberal senators, Canada's Privacy Commissioner, the Canadian Bar Association, the NHL Players' Association, and the insurance and mutual fund industry, among others.

Bill C-525 was a private member's bill supported by the Conservatives. It was designed to make it harder for workers to unionize and easier for unions to be decertified. The labour law changes were made without any evidence of a problem with the previous system of union certification.

It is my hope that the bill before us will receive swift passage so that the restrictions and the risks brought by Bill C-377 and Bill C-525 will cease to exist.

I had the privilege of hearing from many stakeholders during the committee hearings, both unions and employers, on the bill, and I am pleased to have opportunity today to quote at length some of the testimony we heard last spring. Much of which we heard at the committee from expert witnesses describes the problems with these two pieces of legislation in a knowledgeable and straightforward way, and in plain language that makes it really easy to see why these bills should be repealed.

Tony Fanelli, representing the construction and contract maintenance industry employers, explained why he opposed these onerous disclosure and reporting requirements of Bill C-377. He said:

If all trust funds, all training funds, and virtually every fund that would be connected to a union are subject to public exposure, our competition would clearly understand over time how those monies go into training and how we do business. In the construction industry, training and development is a key component to the success of projects we build [and bid on]. The staff either make or break an employer. We saw this legislation would open the door for the non-union to come in, just as I mentioned.

On top of that are the reporting requirements, the reporting responsibilities, that would come out of this. When we did some of the preliminary audits on the cost of doing this, it was just prohibitive.

And these are a group of large employers.

He continued:

It would happen not only with employers like us, the people I represent, the bigger employers in Canada, but across every employer association in every jurisdiction in this country. That's the reason we're opposed.

Mr. Fanelli also said:

If the Construction Labour Relations association of Alberta or the Industrial Contractors Association of Canada are held to be a labour trust and have to make the reports and returns required by Bill C-377, then both our confidentiality and our bargaining strategies are laid open.

This cannot be good for labour relations or good for either party in the labour relations continuum. I've been a labour relations practitioner in Canada for nearly 40 years. During that time there have never been any issues arising in respect of this subject. If this hasn't been an issue in the past, what is going to be gained by such significant public disclosure?

He went on to say:

We are also responsible for the privacy of our employees, and the legislation compels us to decide which law we breach: the Income Tax Act or the various provincial and federal privacy laws...it might be different if there were some wrong or right in this area, but there simply isn't. The unionized contractors in Canada see no obvious value in any part of Bill C-377, and therefore support the repeal of that legislation under the bill being considered today....

The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities also had the opportunity to hear from some eminent labour relations experts and practitioners. Andrew Sims was the vice-chair of the 1996 task force to review the Canada Labour Code. He gave an enlightening presentation and had this to say about both bills, Bill C-377 and Bill C-525:

It's a fairly strong expression of views, but it is not simply my personal experience. It is founded on the last 30-year—and I think the most significant 30 years—review of the Canada code, and the people whose laws will be affected.

In my view, the two bills that are repealed by Bill C-4...both had the air of one side seeking political intervention for more ideological, economic, or relationship reasons, and they have corroded the view that legislative reform at the federal sector is based on the tripartite model.

To the oft cited but erroneous comparison of a secret ballot forum to form a union to an individual's vote during a democratic election, here is what another expert witness, Sara Slinn, associate professor at Osgoode Hall Law School at York University, had to say about Bill C-525:

...there is a faulty political election analogy at work here. Mandatory vote supporters commonly rely on a political election analogy founded on the view that certification votes are analogous to political campaigns and elections. The attraction of this argument is understandable, appealing as it does to ideas of free speech and informed choice and workplace democracy, but it's a false analogy.

The nature of union representation is not analogous to government power or political representation, and as a result, the nature of decision-making in a union vote is not analogous to that in a political election. First, the nature of the decision is [totally] different. Certification doesn't transform the employment relationship. It simply introduces the union as the employee's agent for the limited purpose of bargaining and administering any collective agreement that the union may be able to negotiate. The employer's overriding economic authority over employees continues in any event.

Secondly, there is no non-representation outcome possible in the political context. In political elections citizens vote between two or more possible representatives. There is no option to be unrepresented, so...if union representation elections were to be analogous to political elections, then it would be a vote among different collective employer representatives with no option for non-representation. That's simply not the system that we have anywhere in Canada.

Professor Slinn also addressed the issue of card check versus secret ballot votes for union certification. She stated:

...in terms of cards being a reliable measure of employee support, it's often contended that votes more accurately indicate employees' desire for union representation than cards, suggesting that card-based certification fosters union misconduct to compel employees to sign cards. Although this is possible, there is no evidence, either in academic studies or in the case law from jurisdictions that use this procedure, that it is a significant or a widespread problem. Anecdote isn't evidence, and certainly it shouldn't be a compelling basis for legislative change in the face of a lot of academic research finding that mandatory vote systems have negative effects on labour relations and that employer interference in certification is indeed a significant and widespread problem.

Another effect of Bill C-525 is the increased difficulty that employees would face when trying to form a union. Despite the Conservatives' denial, it is clear that mandatory voting procedures, as set out in Bill C-525, would allow more opportunity for employers to influence the outcomes of certification drives. I will quote Professor Slinn again, as follows:

In every case, in a vote-based procedure, the employer is notified by the labour board that a certification application has been made.... In most jurisdictions in Canada, in all but two, there is a deadline for that vote. It's between five and 10 working days. Under the Canada Labour Code, there is no deadline for that vote.

This provides ample time for employers to engage in anti-union campaigns.

She goes on to say:

...there's quite a bit of research on delay in the vote process. Representation votes, by requiring a vote in addition to submitting evidence, necessarily result in a longer certification procedure. It has been found that it significantly reduces the likelihood of certification where there's either no time limit—as is currently the case under the Canada Labour Code and other federal legislation....

These studies concluded that a combination of enforced statutory time limits and expedited hearings for unfair labour practices was necessary to satisfactorily offset these negative effects. Neither of these are currently available.

Professor Slinn noted that this delay would be a real concern under the current provisions and that passing Bill C-4 would help in part to address the issue.

In terms of employer interference, Professor Slinn noted that the vote-based procedure gives employers a substantial opportunity to seek to defeat the organizing attempt. There are numerous studies showing this is not only widespread but effective. A large percentage of managers surveyed in some of these studies admit to engaging in what they believe to be illegal, unfair labour practices to avoid union representation.

Survey evidence has also found in Canada that non-union employees expect employer retaliation and expect anti-union conduct by employers. Research at UBC has found that Canadian employers are no less anti-union in their attitudes toward unions than U.S. managers.

Professor Slinn found that Bill C-4 amendments reversing the Bill C-525 and Bill C-377 changes, particularly to the representation procedures, are a change that better protects employees' decision-making about collective representation.

Some of the aforementioned concerns about Bill C-525 were also echoed by Hassan Yussuff from the Canadian Labour Congress. He said:

If the board is uncertain about whether or not there is support for a union, the board itself can order a vote. Of course, on many occasions when there has been a vote, the board has found that employers have truly interfered with the workers' ability to choose the union....

Why would an employer care if the workers want to join the union? If it's their free democratic and constitutional right in this country, why would employers want to interfere in it other than the fact that if you do have a vote, it gives the employer time to use all kinds of tactics during the time the vote has been ordered? I could list some of the companies that clearly said they were going to close the facility, or cut people's salaries, or lay people off. Of course, ultimately it changed the workers' ability to truly exercise their free choice.

It was abundantly clear from the testimony of respected individuals and experts that Bill C-4 is a good first step. However, we are disappointed that some of the major actions were missing from the bill. The government has intimated that it plans to move forward with labour policy reform, which would include hearing from unions, employers, all other levels of government, and Canadians. While this is encouraging, it begs the question, why not immediately repeal the egregious labour law changes found in the previous government's omnibus Bill C-4? Why review bad legislation that is contentious and unconstitutional?

The previous government's omnibus Bill C-4 also decimated health and safety protections for public service workers. When will the government commit to restoring these important safeguards for the people who deliver our essential public services?

As negotiations with the public sector unions resume this fall, public service workers are looking for the respect they were promised during the election, and they are hoping that this government will make good on its promise to restore fair collective bargaining for the public service.

As part of the promised labour policy reform, will the government bring in legislation to update and modernize the Canada Labour Code? As we know, sections of the code that deal with workplace harassment, hours of work, overtime pay, and vacation entitlements are about 60 years out of date. It is time we modernized the code to reflect the reality of today's labour market.

The most recent review of the Canada Labour Code last happened in 2006, with the final report making several recommendations to help an increasing number of part-time and contractual employees.

In May 2015, a briefing note to the former minister of labour said that the rise in part-time, temporary, and self-employed workers along with the demand for knowledge-based jobs has changed the nature of work and the workplace. Will the government work with unions in ensuring that part-time, temporary, and self-employed workers have the right to the same workplace and labour protections as other Canadian workers?

Given the rise in precarious and involuntary part-time employment, Canadian workers are faced with a host of added challenges such as eligibility for EI benefits. It often results in a diminished ability to save. The erratic hours create challenges in pursuing an education, arranging child care, and qualifying for a mortgage. All these are contributing factors to the greater income inequality, and if the government is truly sincere about helping the middle class, then it must immediately address these issues.

I am sure my esteemed colleagues will agree that in every corner of this great country there is still much we can do to bring a better standard of living to Canadians. As the economy continues to struggle and the cost of living rises steadily while wages stagnate, Canadians are looking to the government to make life more affordable. Affordable child care, pay equity, decent accessible housing, and a living wage are all measures that would really help Canadians from all walks of life.

Will the government commit to reinstating a fair minimum wage for workers in the federally regulated sectors? Some provinces and municipalities are already acknowledging that a living wage will make a huge difference in making life more affordable. Will our government step up and lead the way?

Another sad fact is that a disproportionate number of workers who are affected are women and young people. We cannot afford not to act. It is way past time for the federal government to bring in stand-alone pay equity legislation. We have studied this issue and consulted, and the evidence is clear and undeniable. Two committee reports have called for action, yet we continue to wait.

Through a combination of policy and propaganda, the previous government started to dismantle the system of protections that were put in place by decades of advocacy by labour organizations, community groups, and unions. Their right-wing agenda has generated policies that hurt the environment, social services, and all workers especially persons of colour, indigenous peoples and communities, women, the poor, and other marginalized groups.

Now that we have a new government in place, one that has promised equality for women, fairness for indigenous people, and sunny ways for all, I do look forward to seeing the current government work closely with all members in the House as well as with unions and civil society to bring about better jobs and a more secure future for all Canadians.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 10:55 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I can say that I deeply appreciate my hon. colleague for his passion, too, even if he is all wrong sometimes.

I would have preferred the member to rise and say that the Liberals are sorry and that there is no backdoor bill. I am sure he shares my principles.

The question that arises is quite interesting and quite important. We are talking about where people are working. We are talking about the way they have to deal with their bosses. They are talking about when they will work and the wages they will get. We are talking about unions. It is quite important.

It is so important, and that is why this country recognizes it. That is why this country spent $500 million of taxpayers' money for unions. This is why we recognize that. Our bills were made not for the union bosses but the humble workers who work hard, pay taxes, and want to know exactly where their money is going.

That is why Bill C-4 is killing the transparency, democracy, and accountability bill we tabled two years ago.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 10:30 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, it is always a pleasure to rise in the House to speak, but I would rather not have to do so on the subject of Bill C-4. Today is not a good day for Canadian democracy.

This is the final stage of debate on Bill C-4, a bill that takes aim at union democracy, the transparency that must be present in certain unions, and the accountability that is so vital not only within unions, but everywhere. People are becoming increasingly aware, particularly this week, that the government is in no position to lecture anyone on accountability.

Bill C-4 seeks to literally kill two bills that passed during the previous Parliament, two private bills that we, the Conservative Party, fully respected. We fully respect private bills, because we believe that all members of the House are equal, and all bills introduced here are equal. There is no such thing as front-door bills and backdoor bills. Every bill is voted on by members who all enter through the front door. Why? Because we are all accountable to our constituents. Regardless of whether a member is a government member, a cabinet minister, an opposition member, or an independent member, we are all members of the House of Commons. We all have the same authority to introduce bills. Shame on this government for referring to private bills as backdoor bills.

I want to repeat what I said earlier. I offered the minister the opportunity, the possibility, the chance, and the privilege to recognize that she has made a mistake. Everyone makes mistakes. Referring to the private bills we passed during the previous Parliament as backdoor bills is insulting to the House of Commons, and it is insulting to the 338 people duly elected by Canadians, our constituents.

I did not want to have to say this, but unfortunately I have to repeat that when a private member's bills is introduced, it is a front-door bill, not a backdoor bill. If we apply the Liberals' logic to the bill that was passed a few weeks ago, the one introduced by the Hon. Mauril Bélanger on the national anthem, are the Liberals prepared to say that that was a backdoor bill?

Are the Liberals ready to say that Mauril Bélanger's bill was a backdoor bill, yes or no? If they are ready to say that, they can rise up and say it.

It is impossible. We cannot say that a bill tabled by a minister or by an opposition member, or any member, is a two-tier bill. We are all members.

Bill C-4 seeks to kill Bill C-377 on accountability, and Bill C-525 on transparency. Let us look at them one at a time.

In our opinion, one of the fundamental principles in any organization is democracy. We want people who operate in a democracy to be accountable to their constituents, and also to earn that mandate. That is why when it comes to forming a union, we think all potential employees should have the opportunity to express themselves freely by secret ballot.

We were elected here, to the House of Commons, by secret ballot. Did we go to people's homes asking them to vote for us and sign a document? Of course not because we respect the voters' secret ballot.

However, this government prefers to uphold the old union ways, which require people to sign an application for union certification. We think that people would be more comfortable forming a union by secret ballot. For that matter, we think that would put the unions on a stronger footing.

A union formed by secret ballot proves that a majority of the workers really want it and that no one was subjected to undue pressure, whether from people wanting to unionize or from the company's executives who do not want the union.

We often think that unions are the only ones putting pressure on the workers by telling them they have to sign a certification application, but the opposite is true as well.

A business owner could go see new employees and tell them that they just got hired and that it would not be a good idea to sign. That would make employees think twice about doing so. However, allowing employees to vote by secret ballot on forming a union would respect the fundamental principle of democracy. That is why Bill C-4 is no good. It seeks to do away with this notion of democracy.

Let us also remember that union democracy is based on Canada's fundamental principles, and the best way to establish that democracy is to ensure accountability. On that note, I would like to mention another bill that will be killed by Bill C-4, and that is Bill C-525.

Bill C-525 sought to increase transparency and accountability. We believe that, when a union receives nearly $500 million in tax refunds, it needs to be accountable. That is not just peanuts. It is half a billion dollars. That is a lot of taxpayer money that is being given out in the form of tax refunds. That is why we believe that the salaries of executives, the way they manage their money, and the choices they make when it comes time to support political parties must be made public. However, Bill C-4 seeks to eliminate the transparency that we Conservatives think is critical.

My NDP colleague was saying that she organized and presided over a postal workers' union where all financial information was made available, but only to members. If that information is available to members, why not make it available to all Canadians, who contribute to unions through tax refunds? If that information is so public, why not make it really public? What do they have to hide? Making the information public would not bother anyone who did not have anything to hide. Why then are some members opposed to accountability and transparency?

That is why I am saying that Bill C-4 is a bad bill and that this is a bad day for democracy, because this legislation undermines the fundamental principles of democracy, accountability, and transparency.

When it comes to accountability, this government has a long way to go, and that is putting it mildly. Day after day, we discover situations that embarrass the government. It is not a good sign when the Minister of Health uses a limousine service and gives out contracts to a Liberal friend but only apologizes and promises to repay the bill after she is caught.

Over the past few days we have learned that the Prime Minister's advisors expensed $200,000 in moving costs. At first, the Liberals said that this is no big deal. Then, they said these expenses would be repaid. That is definitely proof that the Liberals are not very proud of their record on accountability. However, accountability is vital.

MPs file a quarterly expense report, which includes travel expenses. It is very public. Woe to anyone with an ineligible expense, because they will be taken to task very quickly. Clearly, these are fundamental principles that we all support. However, when the time comes to make unions accountable, the Liberals, and I assume the NDP as well, do not want to have anything to do with it. That is unfortunate. Democracy, accountability, and transparency are fundamental principles in this place, and they must also apply to labour organizations.

The truth, as everyone knows, is that the Liberals wanted to thank the big union bosses who helped them out so handsomely during the election campaign. Let us not forget that PSAC was prepared to spend $5 million in August alone to attack the former government before the writ was even dropped. The former prime minister had to call the election in August so that unions spending massive amounts of money to attack a political party—spending that was not approved by all union members—would not completely destabilize our democracy.

That is why we had the longest election campaign in history. Unions wanted to spend millions attacking one party without even getting their members' approval.

I know what I am talking about. In my Quebec City riding, which many federal and provincial employees call home, I met a woman who told me that she actively opposed her union's choice, that she strongly condemned it, and that she was not even given the right to vote on whether the union should spend the money. That is what has been happening. The unions spent millions helping the Liberal Party rise to power, so the party is thanking its union friends by introducing a bill that will destroy everything we did for democracy, accountability, and transparency.

Maybe the government could have paid more attention to what union members and even some union leaders are saying. Not everyone is comfortable with Bill C-4. In fact, some union leaders are very comfortable with the principles of transparency, democracy, and accountability. People have spoken out about this a number of times.

For example, PSAC's Robyn Benson said:

PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action, as examples.

That is not a Conservative or a right-wing group talking. That was Mr. Benson of the Public Service Alliance of Canada. I have other quotations, too.

Dick Heinen of the Christian Labour Association of Canada said:

We think that workers should have the right and be free to make their own choices when it comes to which union represents them or whether they want to be represented by a union at all.

Brendan Kooy, Christian Labour Association of Canada, said, “To be clear, CLAC would support a secret ballot vote where possible.”

Here is another quotation, this one from John Farrell, executive director of the Federally Regulated Employers, Transportation and Communications:

Members prefer a secret ballot vote to a card check system for the purpose of determining if a union is to become a certified bargaining agent for employees. A secret ballot vote is the essence of a true democratic choice and is entirely consistent with Canadian democratic principles.

I agree with him.

Also, Paul Moist, national president, Canadian Union of Public Employees, said, “Asking Canadians a question about voting — most Canadians, me included, would say voting is good.”

Chris Aylward, national executive vice-president and executive officer, Public Service Alliance of Canada, said that there was not issue with voting by secret ballot. He said:

But we're not sitting here saying that secret ballots are bad. As a matter of fact, in my submission I said that we have nothing against secret ballots. We use secret ballots at our own organization....So it's not that a secret ballot is now going to be imposed on employees and we're opposed to that. We're not.

It is hard to argue against a secret ballot vote as this is the basis of democracy.

Those are the foundations of democracy. Secret ballot voting is one of the foundations of democracy. Accountability is one of the foundations of democracy. Transparency in how union leaders spend union dues is one of the foundations of democracy. That is what we established, and that is what Bill C-4 seeks to destroy, specifically the foundations of democracy in the labour movement. That is troubling.

This is being done elsewhere. We did not invent anything new when we introduced this bill two or three years ago. On the contrary, we were inspired by what we saw being done elsewhere. Secret ballot voting exists in British Columbia, Alberta, Saskatchewan, Ontario, and Nova Scotia. Why can it be done at the provincial level, but not federally? Does that mean that the people of British Columbia, Alberta, Saskatchewan, Ontario, and Nova Scotia are against unions and against freedom of expression? Quite the contrary. If it can be done at the provincial level, why not at the federal level? So much for democracy.

The same goes when it comes to transparency and accountability. This exists in certain provinces, but also in certain countries such as the United States, the United Kingdom, Australia, Germany, and even France. If there is a country that leans more to the left than Canada, it is France. If there is a country that has been led by the left for years, it is France. If there is a country where unions are fully free to be active and have a very powerful presence in the economy and society, it is France. France has provisions to ensure transparency. Who are they to say that France would not be open to the unions when we know how powerful and strong the unions are in France? It is absolutely false.

I invite the government to look at what is being done in Canada and in the provinces, as well as what is happening in countries that are more to left than we are, where unions are more powerful than ours and have room for transparency, accountability, and democracy.

There have been court challenges, which is absolutely legitimate in our system. People brought challenges before the courts over certain legislation that was adopted by the provinces. Look at what was said in Saskatchewan by the court of appeal that ruled on whether changes like those the Conservatives made two or three years ago should or should not be made to the employment legislation of that province.

Let us look at the statement made by Justice Richards of the Court of Appeal of Saskatchewan, who says on page 38:

...a secret ballot regime does no more than ensure that employees are able to make the choices they see as being best for themselves.

He also says, “The secret ballot, after all, is a hallmark of modern democracy.”

This is not coming from a Conservative, but from a judge of the Saskatchewan Court of Appeal. We know that Saskatchewan is not a right-wing province. Was it not in Saskatchewan that Canada's major social movements were born? Was it not in Saskatchewan that T. C. Douglas founded the party that would later become the NDP? Saskatchewan, which is not recognized as being the most right-wing province in Canada on the basis of its history, has acknowledged through an appeal court judge that the secret ballot is a good thing.

To summarize, Bill C-4 is not a good bill. It seeks to kill two bills that were duly debated and passed by the former Parliament, two private bills, which, for the Conservatives, are not backdoor bills, as touted by the minister and other Liberal members in such a mean, petty, aggressive, and haughty manner.

In our opinion, all bills are equal, starting with the bill Introduced by the Hon. Mauril Bélanger on the national anthem. It is exactly the same thing. It is not a backdoor bill, but a bill that was duly introduced by a member, a bill that came in the front door, and not the back door.

Unfortunately, Bill C-4 will likely soon be passed, even though it undermines principles that are fundamental to Canada and so important to Canadians. It undermines the principles of democracy. People should be allowed to vote by secret ballot rather than be asked to sign a sheet of paper. We want to protect the secret ballot. That is how everyone here was elected.

Bill C-4 seeks to attack a bill that would increase the transparency and accountability of unions. The government is sending the wrong signal to unions and all organizations because when it is time for accountability, they all need to do their part, to be accountable.

The bills that we passed under our government improved democracy, accountability, and transparency, while Bill C-4 undermines those principles. That is why today is a sad day for Canadian democracy.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 10:20 a.m.


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Liberal

Dan Vandal Liberal Saint Boniface—Saint Vital, MB

Mr. Speaker, I congratulate the minister for her hard work and the committee's hard work on Bill C-4 to restore fairness and balance to the collective bargaining process.

I am wondering if the minister can offer some insight or analysis as to how important fairness and balance is, given the Canada Post negotiations over the last few months. I am wondering if the minister would offer some insight into how important fairness and balance is for labour relations in this country.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 10:20 a.m.


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Liberal

MaryAnn Mihychuk Liberal Kildonan—St. Paul, MB

Mr. Speaker, the reference to a backdoor bill is of course with respect to the way the bill was introduced by the previous government, which was not by the government itself but by a private member and through special negotiations. When it comes to something as significant as a labour relations bill, it is important, for a government position, for the government to have brought forward the legislation. That is the point.

We are here to say that our Liberal government is supporting Bill C-4.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 10:20 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I will have the opportunity to make my case shortly, but for now, I want to pick up on something the minister said.

All we know is that Bill C-4 was tabled to kill two former bills that were adopted by the previous legislature, Bill C-377 and Bill C-525. The minister referred to those as “backdoor” bills. As far as I am concerned, every bill and every member is a front-door bill and a front-door member. There is no back door here.

I offer the hon. minister the opportunity to rise up and recognize that she has made a mistake. If she will not, would she rise up and recognize that the bill tabled a few weeks ago by the Hon. Mauril Bélanger concerning the national anthem was also a backdoor bill?

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 10:05 a.m.


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Liberal

MaryAnn Mihychuk Liberal Kildonan—St. Paul, MB

moved that the bill be read the third time and passed.

Mr. Speaker, it is my pleasure to be here once again to speak to the House about this legislative package, which would help all Canadians, businesses, and workers. That is really the ultimate purpose of the bill, to reduce conflict and ensure that our economy will be working as harmoniously as possible so that we can create jobs and have a healthy, strong economy, which is what every single member of the House is working toward.

This is the final reading of Bill C-4.

Our relations with the labour movement are not based on conflict, and should not be. Rather, the solution and the best approach is collaboration. We believe in co-operation with the labour movement because it benefits all Canadians. This was a promise that our leader made last year during the election campaign and introduced through the legislation known as Bill C-4. We believe that our system of open negotiations serves the interests of both the employer and the employee, as was clearly evident in the recent negotiations between Canada Post and CUPW.

Not only is the bill a significant step forward, but it also has a strong symbolic value. It sends the message that a partnership, rather than adversity, is now the basis of our relationship. Our government takes an approach to labour relations that is based on collaboration, respect, and engagement, not the Conservative approach. We believe in fairness and justice for Canadians.

Truth be told, the labour movement has been an essential building block for a stable and strong economy, which we have now in our country, as well as a fair and inclusive society. The labour movement provides a collective voice for workers in their negotiations with employers. Unions have had a historical concern for the interests of the middle class, whether they are members or not, and strive for fair wages for all workers. They have been instrumental, in fact they have been central, in the movement to achieve fairness for women in the workplace, for indigenous workers, for workers with disabilities, and for all workers across this land.

This is in harmony with our values and our thinking as a government. This is also in harmony with our values and thinking as Canadians. This is why we believe our labour laws should be balanced and fair. Why have we put so much effort into this piece of legislation? Simply stated, we wanted to restore fairness and balance in labour relations because this has been missing for the previous 10 years.

The objective of Bill C-4 is to repeal the legislative changes brought in by Bill C-377 and Bill C-525 and supported by the previous government and delivered via a backdoor, sneaky approach to governing. The situation is very straightforward. These two bills upset the balance that has been carefully maintained for years. They upset a balance that ensured fair treatment for employers and workers, and that served as a solid foundation for collective bargaining and for our economy.

I do not mind calling this what it is. Those bills were anti-union legislation, and we would now correct the state of affairs.

During the committee hearings, we heard from a number of key stakeholders who provided specifics about the serious flaws in Bill C-377 and Bill C-525. For example, let us consider the fact that Bill C-377 forces labour organizations and labour trusts to provide to the CRA very detailed financial information such as expenses, assets, debts, salaries of certain individuals, and other information. This private information would then be publicly available on that website.

They would also have to provide details on the time spent on political and lobbying activities, as well as any activities not directly related to labour relations. Thankfully, the Minister of National Revenue has already taken steps to suspend these obligations in 2016, while Parliament has been examining Bill C-4.

We must all understand that if this key financial information, including strike funds, were made public, these measures would put unions at a huge disadvantage, because employers are not required to publicly disclose similar financial information. It is totally unfair and unbalanced.

As well, Bill C-377 imposes a large financial and administrative burden on labour organizations and labour trusts, information that is not required from others. Why would unions be the only ones forced to comply with these requirements while other organizations, including professional organizations, would be exempt? Frankly, it is difficult to see how that legislation could actually benefit hard-working Canadians.

Some think that Bill C-377 was necessary to improve fiscal transparency. They say that it was necessary to guarantee public access to information. I fail to see the link between Bill C-377 and transparency. The rules contained in Bill C-377 are one-sided and discriminate against unions, and they upset the balance in labour relations. They add nothing to the current regime.

We already have legislation in place to ensure that unions are financially accountable to their members at both the federal and provincial levels. For example, section 110 of the Canada Labour Code requires unions and employer organizations to provide financial statements to their members upon request and free of charge. This is more than sufficient to ensure that both parties can negotiate in balanced conditions.

We knew from the onset that Bill C-377 was unnecessary and redundant. Not only does it disadvantage unions during collective bargaining, it is also an impediment to the bargaining process itself.

This brings me to Bill C-525. This bill has made changes to the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act, and affects how unions are certified and decertified. It replaces the previous card check system with a mandatory vote system, despite the fact that the traditional system worked well for decades and there was little pressure to change it. In fact, the Conservatives hide the evidence in a labour department report that showed the success of the card check approach. It is shameful.

Bill C-525 makes it harder for unions to be certified as collective bargaining agents and makes it easier for bargaining agents to be decertified. However, it is not just a problem for unions. Consider the implications to the Canada Industrial Relations Board and the Public Service Labour Relations and Employment Board. These boards are responsible for the full cost and logistic responsibilities involved in holding representation votes.

Under these changes, the Canada Industrial Relations Board is required to hold a vote to certify a union, not just in roughly 20% of the cases where less than a majority of workers have signed union cards but in all cases. That translates into roughly five times the board's current workload. Unions now have to obtain support from 40% of workers before a mandatory secret ballot vote can be held. That is a great way to ensure that the unionization process is as complicated as possible.

Perhaps more alarmingly, the changes would also mean that the process is more susceptible to employer interference. During our committee hearings, Dr. Sara Slinn, associate professor at York University's Osgoode Hall Law School, agreed.

She stated:

Employees require greater protection from employer interference under a vote system. These include access to expedited unfair labour practice procedures and more substantial interim remedies, but such necessary protections were not provided by Bill C-525.

It is evident that Bill C-525 does not represent a positive contribution to labour relations in Canada, not to mention that it is simply not necessary. The card check certification process that had been in place in the federal jurisdiction for decades worked well. We see no need to change that.

Bill C-4 represents the kind of positive contribution we want to see and that Canadians deserve. This action to repeal Bill C-377 and Bill C-525 is part of a larger effort to repair damaged relationships with those who are producing prosperity and quality of life for Canadians.

Our premise is simple on this side: we know that working people are not the enemy. We also know that a backdrop of conflict and mistrust cannot be productive for either side when it comes to reaching agreements.

I am not implying that all is perfectly smooth and that there are not points of contention between us and the labour movement. The point is that discussions must take place on a level playing field and in a setting of respect and transparency.

Canada watched as recent negotiations stalled between Canada Post and the Canadian Union of Postal Workers. We were asked if we would get involved and introduce back-to-work legislation. However, we did not go there. We respected the process, and alone, together, Canada Post and CUPW came to a tentative agreement.

We are also seeing this in provincial jurisdictions. Earlier this week, General Motors Canada and Unifor came to their own tentative agreement without any work stoppage.

Our conviction in the collective bargaining process is not misplaced. We are seeing real problems turn into real results through respect at all levels. When we give a little, we get a little.

We know that the labour movement deserves fairness from the federal government, and we have delivered in Bill C-4. This is only one of a number of initiatives we are undertaking to improve the workplace in this country, and we are just getting started.

Not only do we have a focus on fairness, but the fact is that in many respects, we have to get with the times. In this respect, we have pledged to amend the Canada Labour Code to allow workers the right to formally request flex work arrangements from their employers. This will help federally regulated workers balance their professional and personal responsibilities.

We are also working on reforms to facilitate flex parental leave, which will allow parents to create a plan that makes sense for their unique family and workplace circumstances as they expand their families. Both those initiatives are good for the middle class and good for our economy.

We are also putting forward many other measures that will benefit hard-working Canadians and their families. I hope that in both our actions and our words members can see that our government is committed to achieving real results for Canadians.

When it comes to dealings with the labour movement, I am the first to admit that we might not always agree on everything, but it is essential that our larger relationship be based on trust. Our rapport is built on the bedrock of common goals, goals like helping the middle class and those working hard to join it and creating good jobs for hard-working Canadians.

However, there is more to do on many other fronts, including ensuring fair and equitable conditions for workers and building a sustainable economy. Let me remind my hon. colleagues that we can only achieve these goals by having frank and honest discussions about the things that matter, by sticking to our values, and by never forgetting just who we are here to represent.

As I have said before, sound labour relations are essential for protecting the rights of Canadian workers and for helping the middle class grow and prosper.

I thank members for their time and attention and for the ability to put these comments on the record.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 10:05 a.m.


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Kildonan—St. Paul Manitoba

Liberal

Business of the HouseOral Questions

September 22nd, 2016 / 3:05 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, I look forward to working with the member as well and congratulate her on her new role.

This afternoon, we will continue with the Conservative Party motion. Tomorrow, we will proceed with Bill C-4, the union bill.

I have had discussions with opposition House leaders to find agreement on the handling of the debate at report stage and the third reading of this bill. I would like to thank them for their co-operation. We will continue this debate on Monday as well, in the hope of concluding third reading debate at the end of the day.

On Tuesday, we shall commence second reading debate of Bill C-22, which establishes a national committee of parliamentarians. I expect that debate to carry over to Wednesday and I hope we can conclude the debate on Friday so that we can get the bill to committee early next week.

Lastly, next Thursday shall be an allotted day.

Economic Action Plan 2015 Act, No. 1Government Orders

September 21st, 2016 / 5:20 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, it is absolutely relevant and if the member stays tuned, he will find out why it is so relevant.

The legislation members are proposing, the opposite of this legislation, is trying to change ideas that came forward from the Conservative Harper government, that ultimately threw labour relations off balance. This is exactly what the New Democrats are proposing to do in the private member's bill. Like the Conservatives, they did not do their homework with respect to that private member's bill. There is a process which all of us should actually respect.

New Democrats would agree with me on the point that the labour legislation that the government has brought in, in many ways is repealing legislation that the Conservatives brought forward. We made reference, for example, to former private members' bills C-377 and C-525. Those were bills that, I would argue, were brought through the back door of the House of Commons through private member's where there was no due process, no real consultation that had taken place, but it met a political agenda. It was not sensitive in terms of the labour movement, in particular, but many different stakeholders were not properly or adequately surveyed and the question was not put to them.

It is the same thing with regard to both political parties. I believe we witnessed a new attitude toward the way in which government is treating labour laws and Canada's public service. All one needs to do is to take a look at some of the things we have done in a relatively short period of time.

Today we are talking about Bill C-5, which is a piece of legislation that would deal with a change that the former Conservative government brought in, in the form of an omnibus budget bill, where it changed sick leave requirements. There were no consultations. It was the government's position and it was interfering. It upset a great number of people.

When we were in opposition, we cited the reasons why we had a difficult time, let alone that the change was packaged in a budget bill. We believed, at the time, that it needed to be changed and voila, today we have Bill C-5. It is rectifying a mistake made by the Conservatives. I have made reference to the two private members' bills which dealt with issues such as the certification and other issues related to public disclosure. Again, we witnessed no consultation that actually had taken place. We had Bill C-4 and Bill C-7 brought in by this government in order to balance the scale.

I believe that this government has successfully portrayed that it is not only a government that wants to see a different attitude but has been very effective at implementing it. We hope things continue to go well with regard to Canada Post. I remember talking to postal carriers with respect to the former government, and saw an attitude of distrust in the government of the day in terms of having an arm's-length approach. That government was prepared to take certain actions even if it meant going against Canada Post workers. Our government brought forward legislation like Bill C-4 and Bill C-7 to deal with the issues of our RCMP, and allow collective bargaining in order to allow the RCMP to become unionized.

These are all very strong, positive measures that have been taken in a relatively short period of time. The morale of our civil servants is so very important. That is one of the reasons we are seeing that new shift in attitude, and we will see dividends coming from that.

I had an interesting discussion not that long ago with a constituent who was reflecting about how the morale is, in fact, changing within our civil service. They look to Bill C-5.

I see you are trying to stand up, Madam Speaker. I believe I will be allowed to continue when the debate next continues.

Economic Action Plan 2015 Act, No. 1Government Orders

September 21st, 2016 / 4:55 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, with all due respect, I disagree with the member's assessment. Our government has established a new attitude in its approach with unions. It is one of mutual respect. Whether it is Bill C-4, Bill C-7, the current legislation, Bill C-5, or the Canada Post potential strike and the negotiations around that, I wonder if she could reflect on those initiatives and at the very least acknowledge that in a very short period of time we have come a long way in establishing that new relationship.

LabourOral Questions

June 14th, 2016 / 2:40 p.m.


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Kildonan—St. Paul Manitoba

Liberal

MaryAnn Mihychuk LiberalMinister of Employment

Mr. Speaker, as everyone in the House knows, we have had several very important national issues to discuss, debate, and vote on.

Bill C-4 was introduced second to the budget bill itself. It shows an indication of the priority that our government has to restore fair and balanced labour legislation.

Karine Trudel NDP Jonquière, QC

Mr. Speaker, the minister's answer is not good enough.

Bill C-4 is currently in parliamentary limbo. No one even knows what stage it is at. On top of that, the Liberals failed to include a number of elements.

For instance, this bill does not even reinstate the provisions on workplace health and safety. The previous government attacked workers' rights over and over again. The Liberals are quick to make promises to Canadian workers, but they have a hard time keeping them.

Will the Minister of Employment, Workforce Development and Labour finally do something and reinstate the provisions on workplace health and safety in Bill C-4 in order to protect Canadian workers?

LabourOral Questions

June 14th, 2016 / 2:40 p.m.


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Kildonan—St. Paul Manitoba

Liberal

MaryAnn Mihychuk LiberalMinister of Employment

Mr. Speaker, we are all anxious to get Bill C-4 through the whole parliamentary system. In fact, members have had an opportunity to speak to the bill. It has gone to committee. I had an opportunity to present. We are looking forward to actually bringing it back to the House, voting on it and making it a new law for Canadians.

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, the previous Conservative government attacked collective bargaining and weakened worker protection for the public service. In January, the Minister of Employment, Workforce Development and Labour tabled a bill to repeal some of the Conservatives' anti-worker legislation. However, six months later and the bill is languishing.

It is not enough just to meet with public servants and pay lip service to undoing Conservative damage. When will the Liberals stop stalling and bring Bill C-4 back to the House?

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 4:15 p.m.


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Conservative

Jim Eglinski Conservative Yellowhead, AB

Madam Speaker, I will be sharing my time with the hon. member for Sherwood Park—Fort Saskatchewan.

I am pleased to rise today to speak to the third reading of Bill C-7, an act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures.

Before I begin, I would like to take this opportunity to thank all RCMP members, both past and present, for their service and putting public safety before their own safety every day.

I had the opportunity to speak to the bill when it was at second reading. In my speech I stated that we supported Bill C-7 going to committee, where we would ask the government to amend its legislation to explicitly allow RCMP members the right to vote on whether to unionize through a secret ballot.

I respect the Supreme Court decision that RCMP officers are entitled to bargain collectively. The purpose of Bill C-7 is to satisfy this ruling and ensure the RCMP has the framework in place to bargain collectively if its members so wish.

If we look to the court's decision, we will see that employees' choice was the cornerstone. It is my opinion that a secret ballot is the most appropriate method of ensuring members have that choice free of intimidation and negative ramifications. A lot of young and new members may feel unsure about how they are supposed to vote when they are working in a ranked structure. Their management in the field detachments is older than they are and will have an understanding that is different from theirs.

Many members across the force want to see change. Speaking from personal experience as a former RCMP member for 35 years, people tend, especially in police roles, to be very private about individual concerns due to the chain of command structure in the police environment.

However, with a secret ballot, members would have the ability to vote honestly on whether they wished to unionize without fear of ramifications. That is why I believe it is very important that members feel secure in their decision that the choice should be something members are able to reflect on in private.

I will not be splitting my time after all, Madam Speaker. The member for Sherwood Park—Fort Saskatchewan has a lot to say. I will take the full 20 minutes and leave him 20 minutes on his own. I apologize.

As promised during the second reading of the bill, our Conservative Party requested in committee that C-7 be amended to require secret ballot certification. I was very disappointed that the government was unwilling to make this essential change. While I support the intent of the legislation to allow the RCMP to collectively bargain, I cannot support the bill as it is currently written. In the certification process for a bargaining agent, a secret ballot should be in place to allow all members to freely express their own opinions.

The Supreme Court judgment was silent on the method of choice in that it did not clarify whether the certification process should be by 50% plus one majority or by secret ballot, and that is too bad.

It has been argued by other members that the principle of a card check should be upheld as a sufficient and appropriate method for the RCMP, because that is how workers in the private sector and other federally regulated groups will decide on collective bargaining once 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 passes its final reading.

We do not use a show of hands or a public petition in our democratic elections, nor should we in the workplace, especially in this set of circumstances.

The right to peaceful association is granted to workers through the Charter of Rights and Freedoms, but the unmitigated right union leaders feel they have to represent a particular workplace is not protected by the Charter of Rights and Freedoms. This leadership is something that must be earned from the membership. Union leaders need to remember that representation is contingent upon workers placing their trust in the particular union of their choice through a democratic selection process. If union membership can elect its national president or any of its executives, directors, or leadership by way of a secret ballot, then in all fairness the workers should be afforded the very same right to have a secret ballot during the union certification process.

The right to be able to vote one's will free of intimidation or threat is a fundamental freedom and a right that should be extended to all workers. That is why when we were government we passed Bill C-525, the employees voting rights act, which required that certification of bargaining agents under the Public Service Labour Relations Act be achieved by a secret ballot vote based on the majority.

As noted earlier, Bill C-4 would reverse the procedures for the certification of bargaining agents that existed before Bill C-525; that is back to card check.

It has been argued that the RCMP, a public service, should not be treated any differently from other groups of workers. If it is good enough for every other federally regulated group to certify under a card check system, then it should be good enough for RCMP members.

I would like to remind my colleagues that the requirement to unionize was a consequence of a Supreme Court of Canada ruling. It was not a consequence of the majority of RCMP members wanting this type of method to govern the way they protected themselves.

Following the court ruling, the government launched a consultation process that took place over the summer of 2015. It consisted of a survey, town halls and video conferences. With over 9,000 members completing the survey, there was a clear expression that they would like a regime designed specifically for the RCMP. They did not want to be lumped in with other civil servants.

The government needs to realize that the RCMP is a police force with a unique role and a unique chain of command structure. It is clearly different from other federally regulated groups and therefore should be, in my view, treated differently. The RCMP should have the ability to decide whether to unionize through the most appropriate method for it, not for another group. Members deserve a secret ballot.

Recognition of this should have been taken by the government in order to realize the RCMP was not like other federal departments. However, the Liberals have refused to amend Bill C-7 to allow RCMP members the right to vote on whether to unionize through a secret ballot. Therefore, I cannot support the bill.

I am extremely proud of the RCMP and its members, and to have served in that organization myself. Its members risk their lives every day and should hold great pride in serving Canada's police force. The least we can do is give them the right to vote, free of all intimidation, on whether to unionize.

Earlier today there was talk about the staff relations program, which was brought in in the early 1970s. Unlike some of the comments that were made with respect to it, it was a program wherein the representatives were voted in by the members. Throughout the 1970s and 1980s, it negotiated in good faith with the management of the RCMP and Treasury Board, and it provided strong representation to the members. We remained in the top three police forces per pay and benefits for many years under that program.

Somewhere throughout the1990s and 2000s, when things got tight in all governments, the system declined and the pay and benefits of the members of the RCMP declined with the cuts made by the Liberal government and by the Conservative government afterward.

The unionization of the RCMP is profoundly different than any other union that has ever been formed in our country. It is a legislated requirement. I do not believe any member in the House could stand before me and tell me of any other union in Canada that was formed by a legislated order and members told that they had to vote but not it could not be a secret vote. Right off the bat that is intimidation by the government down to the people in the field.

Yes, there are groups in the RCMP across Canada that want to see a union. Other members do not want to see a union. However, the one thing they all will agree on is that they are at the bottom of the police totem pole when it comes to salaries and benefits.

I mentioned earlier that in the 1970s, 1980s, and even into the early 1990s, we were always part of the top 10 police forces. In fact, we did not even recognize the police forces that ranked 11 down to 50-something. We only looked at the top 10. Staff relations negotiated to keep us in the top, and it kept us in the top three for many years.

However, today the RCMP is ranked 56th. It is a sad situation for Canada's national police force to be number 56 on the totem pole of police forces. It should be in at least the top 10, and it should be in the top 3. It is Canada's police force. It is Canada's international police force. It is internationally recognized as one of the best police forces in the world. Yet we are only paying its members at the bottom of the scale.

It was mentioned earlier that a survey was done in 2015 to determine how the members of the RCMP felt about unionizing, or to determine if there were concerns with respect to people representing them in some type of bargaining. Approximately 9,000 members said that they needed a better system. That is only roughly one-third of the membership.

Clearly, from speaking to the members of the RCMP who are stationed in my community, many are uncomfortable about the fact that the RCMP may become unionized. They are proud to serve their country. A lot of them joined the RCMP for one specific reason: not to be in a unionized organization. They wanted the freedom to serve and not be controlled by an internal organization. Now they will have to vote in that regard.

I just want to state an opinion here, which is this. If they voted against it, would we be back here in another year and a half when another group challenges it through the Supreme Court?

I want to talk a bit about the discomfort of the members in the field. I am talking about western Canada specifically, eastern Canada, those members who are stationed in small detachments. I will give a brief example of what I mean by small detachments. It could be a detachment of two members, with a corporal in charge. It could be a detachment of six members, with a sergeant in charge. It could be a detachment of eight members, with a sergeant and then a corporal. That is how the rank structure works within the force. As the numbers go up, so does the number of NCOs in the detachment. A staff sergeant would command a detachment of 14 members with one sergeant. Once it gets up to 18 or 20 members, there are two sergeants and then there is a corporal.

However, the problem is that the members all work together to protect their communities, to protect the safety of the people within that community, and to protect each other's safety. They go out there, as mentioned earlier by other members, and they are the first ones at the scene. They are the first ones to go to the shootings, the violent assaults, the fatal accidents. They have to work hand in hand with each other. How can the Liberals expect a young constable in, for example, a staff-sergeant detachment with a staff sergeant, two sergeants and two corporals, to vote, when he has to vote in front of them on the way he thinks it should be, knowing they or the other constables that he works with may feel totally different from how he does? However, he has to stand up there and wave his little card and vote. Do they think he is not going to be intimidated? Members will be completely uncomfortable about voting on whether they should become unionized if they have to vote in front of their peers.

The thing that is very unique about the RCMP, and very similar to fire departments, is that the rank and file in the smaller detachments, going even to an inspector's detachment, which comes in at 50 people, or a superintendent's, which comes in at 100 members, work hand in hand. Those members deserve the right to decide whether they want to unionize, but they should also have the right to vote privately and secretly so that they do not put themselves in an awkward position with their peers, with their supervisors, and with their buddies with whom they work side by side, with whom one day, or even the next day, they may have to go back to back in a scuffle in a hotel. Sometimes it is hard. One member might be mad because a guy voted the other way and might not work as hard as she or he should.

It is a dangerous precedent that we are setting here. The RCMP, fire departments, and even police departments are unique. They are a proud lot of people who go out there to fight for their communities, to keep their communities safe, and to keep each other safe. However, their pride is individual. They are proud of serving an organization, but they want to make their important decisions on their own, and we would take that fundamental right away from them. We should not. We must look at that aspect of it.

I cannot support the bill, simply because we would not give the members of the RCMP the right to vote secretly on the decision of whether they want to unionize.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 4:15 p.m.


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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Madam Speaker, I thank my colleague across the floor for congratulating me on my office opening. I am also proud to represent his in-laws in the House of Commons.

With regard to the secret ballot, there have been a great deal of questions about that. We feel it is very important that the RCMP has the same bargaining provisions as the remainder of the public service. In fact, we feel it is very important that they fall under the same legislation, which would be Bill C-4. It is a consistent approach for the federal public service and we feel the RCMP deserves to have the same certification and decertification processes that are available to other public servants included in Bill C-4. In addition, some of the provisions can be debated when we deal with Bill C-4, but we feel that they need to be part of the same certification process.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 3:35 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, I want to thank the hon. member for Cariboo—Prince George for sharing his time with me today.

I rise to speak to Bill C-7, but I would first like to thank all members of the RCMP for the incredible service they provide to our country not just from coast to coast to coast but across the globe. RCMP members are stationed all over the world, and they provide incredible service to our country and its residents. I am 100% supportive of the RCMP for what it does. I have tried to encourage my son to become an RCMP officer because of the pride and tradition the RCMP brings to our great country.

I would like to start with just how we arrived at this point, and my hon. colleague brought this up earlier. Since 1974, RCMP members have worked under a non-unionized labour relations regime in which the staff relations representative program, the SRRP, has been the only body recognized by management that represents the interests of employees. Despite the consultative role of the SRRP, management has the final word with respect to HR matters.

Section 2(1)(d) of the Public Service Labour Relations Act excluded RCMP members from unionizing. The Supreme Court of Canada ruled in the Mounted Police Association of Ontario v. Canada that the existing labour relations program violated the rights of RCMP members under section 2(d), freedom of association, of the Charter of Rights and Freedoms. In the ruling in January 2015, the government was given one year to pass new legislation. In January 2016 that deadline was extended to April 2016.

Bill C-7 would allow members of the RCMP and its reservists to collectively bargain. According to the bill's summary, it would create a process for an employee organization to acquire collective bargaining rights for members and reservists and include provisions that regulate collective bargaining, arbitration, unfair labour practices, and grievances.

The certification of unions speaks to the three requirements it must meet. It must have a primary mandate, the representation of employees who are RCMP members. It cannot be affiliated with a bargaining agent or other association that does not have a primary mandate of the representation of police officers, and it cannot be certified for any other group of employees.

Bill C-4, and this is what I find to be somewhat disturbing, would strip employees of their right to a secret ballot, and I will speak more on that later on. On the certification and decertification of unions, the combination of Bill C-4 and Bill C-7 would leave RCMP members without a secret ballot vote on future union drives, and it runs contrary to my view, that of giving workers the right to a vote that is free of intimidation prior to being forced to join, pay dues, or be represented by a bargaining agent.

With respect to collective bargaining, the bill would restrict what is up for bargaining. The collective agreement cannot include any term or condition that relates to law enforcement techniques, transfers, appointments, probation, discharges, demotions, conduct including harassment, basic requirements of RCMP duties, uniform order, or dress.

Given the unique nature of the RCMP, there are several aspects of that part of the bill that I certainly agree with, such as postings, uniforms, demotions, conduct, etc., and the increase in the size of the Public Service Labour Relations and Employment Board to 12 from 10 and the requirement that at least two of those members have knowledge of police organization. It also speaks to dispute resolutions and grievances.

As I said earlier, one of the things that is somewhat disturbing to me is the fact that there would be no requirement for secret ballots.

The legislation was really watered down when it came to Parliament. I supported it at second reading because I thought there was more work that could be done at committee, and I was very glad to see that there was. With respect to clauses 40 and 42 of the legislation, it was actually amended, in large part because of a push on the part of our Conservative members of the committee.

With respect to the legislation itself, obviously this side of the House respects the Supreme Court of Canada decision. One of the things we do not respect, and I do not personally respect, concerns the right of an individual to have a secret ballot. I was president of a firefighters' union for 30 and a half years. I can say that everything was done with a secret ballot. I believe fundamentally and principally in the right of an individual to maintain a secret ballot, especially in an organization like this, because one of the unique natures of being a police officer or a firefighter, particularly a young firefighter or police officer, is the fact that one is on a career path and often some of the decisions made can have an impact later, on every aspect of one's career.

As the member for Durham said, it is one of the fundamental tenets of democracy. All of us in this House have been elected as a result of a secret ballot. The Speaker of the House was elected on a secret ballot. Leaders of political organizations are elected on a secret ballot. The irony of this whole thing is that, as I stated in my comments, not only are RCMP officers charged with protecting us domestically and protecting Canadian interests around the world, but they often go into new democratic countries and are there to ensure that the democratic process is adhered to. I think that is sometimes forgotten around here. Many times, RCMP officers will go to new democracies in Africa and in Europe and will actually be there to ensure that individuals' right to a secret ballot, free of intimidation, free of coercion, free of influence is ensured in those democracies. The irony I find in this whole process is the fact that RCMP officers are not being given the very right that they go and protect in faraway lands. That to me is a complete irony.

Why is it that the Liberal government would ensure we are seeing not just a continuation of Bill C-4 in Bill C-7 with respect to the secret ballot? That is up to speculation, but if one were to be a good speculator, it could be nothing more than just political payback to the promises that were made to the union leadership with respect to the last election, which was that there were going to be secret ballots.

Having been a union president myself, I have first-hand experience and I can say that there is some element of intimidation, especially, as I said earlier, with young police officers or young firefighters. They sometimes do not know what they do not know. When they get into a situation where they are voting or are in a process of unionization, it can be intimidating for young firefighters. In my involvement in the firefighter movement, at one point I was intimidated by the process of which I was not really aware. The fundamental right of the secret ballot is something that is Canadian. It is not just something that belongs in this legislation for RCMP officers, but it is something that is fundamentally rooted in Canada.

There are several aspects of this legislation that we are supporting but one that we cannot support, based on a fundamental principle of having a secret ballot. The fact that it is not in this legislation is something that I cannot support. I support 100% our RCMP officers, the men and women who protect our country and Canadian interests abroad, but this legislation in some ways is flawed, and I cannot support it.

LabourAdjournment Proceedings

May 19th, 2016 / 6:50 p.m.


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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, I want to commend my colleague from Saskatoon West on her speech and of course her great interest in labour and labour issues. I would like to share with the rest of the House as well that we share a similar view on what transpired over the past 10 years and with the former Conservative government.

Canadians were not fooled. They understood fully that it was organized labour that was under attack under the last government. We saw that through many manifestations, through various pieces of legislation. We saw it in unprecedented use of back-to-work legislation. The legislation for Canada Post and for Air Canada come to mind. Even before those organizations were in a strike position and those unions were in a position that they could go out on strike, there was back-to-work legislation coming off the shelf to be presented in the House.

We saw that, and absolutely Bill C-377 and Bill C-525 were directed at organized labour. With Bill C-377 we saw that constitutional experts said it was unconstitutional. We saw privacy experts say that it compromised the privacy of millions of Canadians. We saw provinces and territories say that it infringed on an area of their purview, that constitutionally it was their area of responsibility.

That was what we saw. That was the table that was set in the last Parliament by the last government.

Certainly what we have tried to do since October 19 and since the new minister came in on November 4 was to set a different atmosphere around work and labour. Certainly the current Bill C-4, not the old Conservative Bill C-4, was the first piece of legislation our minister presented. It was to repeal Bill C-377 and Bill C-525, within Bill C-4. I was very happy that it was the first piece of legislation the minister tabled.

Over the course of my experience over the last four years dealing with both employers and employees, one thing that has been consistent and that has been clear coming from both areas is that any changes to the Labour Code have to be done through a tripartite approach with labour, employers, employees, stakeholders, the provinces and territories—everybody involved.

They said that clearly with Bill C-377 and they said it with Bill C-525. We believe that the 2004 definition that was brought in by past Liberal governments is the right way to go, but that any change in the code has to be undertaken with a tripartite approach. I hope my colleague from Saskatoon West will understand that is the approach this government would take in changing the Labour Code. It would be under a tripartite approach.

LabourAdjournment Proceedings

May 19th, 2016 / 6:50 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, the right to refuse unsafe work is one of the three basic health and safety rights achieved by the labour movement, along with the right to know about the hazards in one's workplace and the right to participate in workplace health and safety decisions. While procedures and circumstances may vary from province to province, just about all workers have the legal right to a healthy and safe workplace that allows, and in some provinces obligates, them to protect their safety by refusing to perform work they believe has the potential to harm themselves or others at the work site.

All workers in Canada have the right to work in a safe and healthy environment. Over the last decade, the previous Conservative government had undone many of the progressive advances for workers that had been achieved over generations.

On February 19, I asked the government why it had not tabled legislation to reverse some of the most egregious changes brought in by the Conservatives. Sadly, I did not get an answer.

On the health and safety front, the Conservatives used the omnibus bill, Bill C-4, to change the Canadian Labour Code to limit the rights of workers to refuse unsafe work, and also to do away with the independent health and safety officers, relegating their responsibilities to political appointees of the minister.

The bill also made sweeping changes to the Public Service Labour Relations Act to prevent federal public service workers from filing complaints with the Canadian Human Rights Commission. It also gutted public service collective bargaining by allowing the government to unilaterally determine which workers would be deemed essential and therefore forbidden from striking, without recourse to a third party review.

During the debate about these changes, many individuals and organizations brought forward grave concerns.

Larry Rousseau of PSAC wrote that the changes that were stuffed into the 309-page budget implementation act would turn the clock back 50 years for labour relations.

However, no voice was more compelling than that of Rob Ellis, whose 18 year-old son, David, was killed on the job. On David's second day of work at a temporary position in a bakery, he was pulled into an industrial mixer that was operating without a safety guard and lockout. David lacked the experience to comprehend the dangers of the workplace.

Rob Ellis, his dad, said:

We should not assume that new workers have enough experience to recognize or categorize the level of danger of every workplace condition. New or young employees should be encouraged to say no to unsafe work. And when they do stand up and say no, they should not be subject to discipline if their complaint is rejected without investigation...

During the federal election, the parliamentary secretary's website promised that a Liberal government would, “Repeal the Conservative definition of “danger” in the Canada Labour Code that is regressive and sacrifices the health and safety rights of workers.” Why has the minister remained silent? Through the hon. parliamentary secretary, I simply ask the minister this. When will the government repeal these draconian measures?

Human Resources, Skills and Social Development and the Status of Persons with DisabilitiesCommittees of the HouseRoutine Proceedings

May 12th, 2016 / 10:05 a.m.


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Liberal

Bryan May Liberal Cambridge, ON

Mr. Speaker, I have the honour to present, in both official languages, the second report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, in relation 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.

The committee has studied the bill and has decided to report the bill back to the House without amendments.

The Chair Liberal Bryan May

I call the meeting to order.

Welcome, everybody. We're going to get started.

Before we get things going officially, I would like to officially welcome back Julie, our clerk, from a bit of a hiatus. Welcome back. We missed you.

I'd just like to read a quick statement. It will frame what we're doing today.

It is with regard to clause-by-clause consideration of a bill in committee. There are many new folks in the room, myself included, so bear with me. I'd like to provide members of the committee with a few comments on how committees proceed with the clause-by-clause consideration of a bill.

As the name indicates, this is an examination of all the clauses in the order in which they appear in the bill. I will call each clause successively, and each clause is subject to debate and vote. If there are amendments to the clause in question, I will recognize the member proposing it, who may explain it. The amendment will then be open for debate.

When no further members wish to intervene, the amendment will be voted on. Amendments will be considered in the order in which they appear in the package each member received from the clerk. If there are amendments that are consequential to each other, they will be voted on together.

In addition to having to be properly drafted in a legal sense, amendments must also be procedurally admissible. The chair may be called upon to rule amendments inadmissible if they go against the principle of the bill or are beyond the scope of the bill, both of which were adopted by the House when it agreed to the bill at second reading, or if they offend the financial prerogative of the crown. If you wish to eliminate a clause of the bill altogether, the proper course of action is to vote against the clause when the time comes, not to propose an amendment to delete it.

Since this is a first exercise for many new members, I will go slowly to allow all members to follow the proceedings properly. If, during the process, the committee decides not to vote on a clause, that clause can be put aside by the committee so that we can revisit it later in the process.

As indicated earlier, the committee will go through the package of amendments in the order in which they appear and vote on them one at a time unless some are consequential and dealt with together.

Amendments have been given a number in the top right corner to indicate which party submitted them. There is no need for a seconder to move an amendment.

Once an amendment has been moved, you will need unanimous consent to withdraw it.

During debate on an amendment, members are permitted to move subamendments. These subamendments do not require the approval of the mover of the amendment.

Only one subamendment may be considered at a time, and that subamendment cannot be amended. When a subamendment to an amendment is moved, the subamendment is voted on first. Then another subamendment may be moved or the committee may consider the main amendment and vote on it.

Once every clause has been voted on, the committee will vote on the title and the bill itself, and an order to reprint the bill will be required so that the House has the proper copy for use at report stage. Finally, the committee will have to order the chair to report the bill to the House. That report contains only the text of any adopted amendments, as well as an indication of any deleted clauses.

I thank the members for their attention and wish everyone a productive clause-by-clause consideration of Bill C-4.

To add to this, we did not have any amendments submitted prior to last Friday.

Mr. Zimmer.

Motions in AmendmentPublic Service Labour Relations ActGovernment Orders

May 9th, 2016 / 1:50 p.m.


See context

Conservative

Tom Lukiwski Conservative Moose Jaw—Lake Centre—Lanigan, SK

Mr. Speaker, once again it is a pleasure to stand in this place and continue our dialogue and debate on Bill C-7. If members in this place were here when I made my initial comments and observations on Bill C-7, they will know about my history, both with the RCMP and the labour movement in Canada. To risk repeating myself, I will remind members exactly how the RCMP has touched me and my family over the years, and how the union movement in Canada has been involved a great deal in my life and my upbringing.

As I mentioned in my first intervention a few weeks ago, my mother's first husband was an officer in the RCMP who was killed on active duty at Depot, many years ago. Although I never met my mother's first husband, I learned of him very early in my childhood. My mother would tell me stories about who my father could have been. She told me stories about her husband and how much they loved each other and how much he loved his job with the RCMP. She told me about the unfortunate tragedy that took place when he was killed that one fateful day at Depot.

Since that time, I have always had a deep and very resolute appreciation of the dangers that every member of the RCMP faces each and every day of his or her life. Also, since that early childhood of mine, I have grown to know a great many RCMP members, many of whom are very close friends of mine, some who are current, some retired, and unfortunately a number who have passed on to a better life. However, universally all of those members shared common values: respect for the tradition of the force, and also a respect for democracy and democratic rights in Canada.

That is why, with all of the RCMP members whom I have spoken with since Bill C-7 was first introduced, to a person, they have all stated the same thing. They believe their right to certify if they wish should be conducted using a secret ballot. In fact, it is more a result of their being incredulous to the fact that Bill C-7 would not allow them that right.

My colleague from Durham who spoke just before me mentioned that many members of the RCMP perhaps were not aware of all the provisions in Bill C-4 and Bill C-7. They were not aware of the fact that they would not be able to cast a ballot in private. However, they are starting to become aware of that right now. Why the current government is hell-bent on its desire to prevent a secret ballot environment for our national police force almost defies credulity.

I can only think of one reason why that would be, and that is the fact that in the last election campaign, the Liberal Party campaigned aggressively to try to gather and garner the union vote. I can assure members that rank-and-file members of unions believe in secret balloting, union bosses not so much. The reason for that is that if they do not have a secret ballot when determining whether, for example, to strike, rank-and-file union members can be intimidated.

I know this first hand. I referenced the fact that I grew up in a union household. I did. My father was the head of the United Steelworkers of America, very active obviously in the union movement. In fact, he mentored Ken Neumann, who is now the national head of the United Steelworkers for Canada. At a very early age, I recall my father taking me to union meetings. I jokingly put to members that perhaps he was doing it for one of two reasons. One, he was honouring a commitment of babysitting that he made to my mother, or two, he hoped that his young son would grow up to be a union representative like him. If it was number one, he succeeded admirably. If it was number two, he failed miserably.

While I am certainly not a member of any union and I am certainly not enthralled with the union movement as a whole, I can say that I respect the right of any organization in Canada to unionize. I respect the role that unions have in Canada. I understand the role that unions play in Canada. However, there are many faults in the bill as it appears before us today. The biggest single fault is the inability of the legislation to allow for a secret ballot on determining whether or not to certify.

At the union meetings I attended as a youngster, I saw first hand how intimidation can work. Again, I use the example of a strike vote, where all union members would gather in a union hall, hear speeches primarily from their brothers and sisters in leadership positions within the union, and then would be asked to vote by a show of hands. I can assure the House that if there were any members in that union hall that did not want to strike for whatever reason, many times they would be afraid to express their true will by a show of hands. Why? Because some of their brothers and sisters would gather around them and let it be known in no uncertain terms the way in which they were to vote because the union leadership wanted a strike.

I think that is absolutely unconscionable. It was unconscionable then and it should be unconscionable now. Intimidation factors should not be allowed in any workforce or any workplace. By the same token, I will freely admit that there have been times in the past in certain non-unionized organizations where management would use intimidation factors. That also is unconscionable. That also should not be allowed but there is a simple way to fix this, to remedy this, and that is to allow secret ballots.

If an organization chose to unionize, so be it. It is the will of its members. However, if they chose not to unionize, those who voted against that very concept of unionization should not be then consequently intimidated and threatened because they voted against the wishes of their union leaders.

Across Canada, most provincial legislation allows for secret ballots in the workforce. In fact, they expressly prohibit non-compliance with that legislation. They make it a point to ensure that democracy is served. The ability for Canadians in any walk of life to express their will in a secret ballot environment is a basic tenet of democracy. Why the government fails to allow this in Bill C-7 and Bill C-4 is almost beyond belief. I can only go back to what I said just a few moments ago. I think this is payback to the union leaders who they courted during the election campaign of 2015 and that is shameful, absolutely shameful.

I have spoken with so many RCMP officers since Bill C-7 was first introduced because Depot used to be in my riding before the boundaries changed in the last election. Consequently, I am a frequent visitor at Depot and because of my history with the force, many members there know me and know me well. To a person, every single one of them was aghast at the fact that they would not have the right, if they decided to vote for or against union, to do so in private.

Bill C-7 is flawed. We know it is flawed and I believe the government knows it is flawed. That is what makes this doubly shameful. On the opposition side we will not be supporting Bill C-7. I cannot support Bill C-7 and I think it is a shame because other than that, the bill does contain provisions that are very helpful to the RCMP. However, that one provision disallowing secret ballots is something that is a deal breaker for me and I will certainly not be supporting the legislation.

Motions in AmendmentPublic Service Labour Relations ActGovernment Orders

May 9th, 2016 / 1:30 p.m.


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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, I would like to thank my colleague from South Surrey—White Rock for bringing her experience to this House.

The best part of this new Parliament, from the viewpoint of the opposition, is not the fact that we are in opposition—that is certainly not a bright point at all—but the fact that one-third of our caucus is now made up of new members of Parliament.

The hon. member who just spoke brings to this House her experience as a municipal leader, particularly in Surrey, as she mentioned, which has the largest RCMP detachment in the country. In recent years, that has probably been the most tasked detachment in the country, working with challenges in violence and organized crime that the area has seen. Her leadership as mayor was recognized long before she joined this Parliament.

That is when the House of Commons is at its best. It is when we have members of this place rising in the House to talk on legislation, not just based on what is contained in it, but how it impacts the lives of those impacted by the bill, how the work done by the men and women of the RCMP in Surrey, indeed across the country, is fundamental to the safety and security of the people of Canada and the people of Surrey. They reached out to her council while she led council there, with concerns about crime and these sorts of things.

As a mayor, she also brought to the debate the impact of uniformed service on men and women in the RCMP, the rise of operational stress injuries, the risk of violence, the impact on family of stress, moves, and these sorts of things. I appreciate her addition to the debate here today, and her discussions with me and other members of our caucus on Bill C-7.

It is her input, and the input of members of the RCMP across the country, that is leading the official opposition to oppose Bill C-7. As members may recall at the introduction of this bill, I said we would try to work with the government on it.

Bill C-7 is in this place as a result of the Mounted Police Association of Ontario v. Canada. This was a Supreme Court decision that stated that the staff relations program at the RCMP was not sufficient to meet the rights of association guaranteed to all Canadians under the charter.

That program was an internal HR function that tried to work between management and the men and women on the front lines of the RCMP. The Supreme Court decision stated that the exclusion of the RCMP from the Public Sector Labour Relations Act and its inability to associate violated the charter. Therefore, Bill C-7 is here before us.

In my speech, I said we would work with the government as a result of the timeline that the Supreme Court of Canada gave Parliament to provide a framework so the men and women of the RCMP could get union representation in a way that suits the needs of the unique role that the RCMP plays.

I remind members of this House, I remind the government, that it was given a lot of flexibility by the court. The key element, though, was that it had to be free from management. This type of collective structure needed that degree of independence from management. The rights and the freedoms of members needed to be reflected in that association, so their charter rights needed to be secured.

We did not see that in Bill C-7, from introduction through to committee. That is why our willingness to work with the government only had the legs to get us to committee. As my friend before me said, we were very concerned with clauses 40 and 42 in Bill C-7, which could have resulted in a patchwork of entitlements by RCMP members for health and occupational safety provisions across the country.

In fact, clauses 40 and 42 have nothing to do with the standing up of a collective bargaining agent for the RCMP. It was essentially the outsourcing by the federal government of workers compensation programs to provincial regimes. As each province is different, it would have taken a single unified national police force and created a patchwork of benefits for their members, depending on where Canada asked them to serve.

We had problems with that because the men and women in RCMP uniform go where their nation needs them, whether that be to Surrey or Shelburne, Nova Scotia, similar to when I was in the Canadian Armed Forces. They should not have to worry about a patchwork of benefits and occupational rights depending on which posting they are in.

Therefore, I am happy to say that the government did listen to the concerns that the official opposition expressed with respect to clauses 40 and 42. Ultimately, I am sure that some of its own members heard from members of the RCMP, and the government agreed to strike those provisions at committee. I applaud the government for listening.

I also will remind members that I had profound concerns that some members of the RCMP felt they were being told they could not speak to their member of Parliament and express concerns they have as Canadians with respect to a bill that would impact them and their family, which is Bill C-7. Once again, the government disappointed the opposition, and as the critic, I rose in the chamber to seek unanimous consent of the House and to show that, in the matter before us that would impact thousands of Canadians across the country, none of them should be intimidated or prevented from giving their opinion to their member of Parliament. Because there was that concern within the RCMP, I stood in this House and asked for unanimous consent to say that, as parliamentarians, we should hear from all members who are impacted by the legislation that we are debating and voting on.

Sadly, members of the government denied unanimous consent for such a basic fundamental democratic right. I was not asking for the ability of uniformed RCMP members to throw up bonfires and protests; we were asking for the simple democratic right for members of the RCMP, or their partners or spouses, to be able to come to their MP and express their concerns with respect to legislation. I was profoundly disappointed when the government denied that unanimous consent that would have encouraged MPs to hear from people in uniform on what is probably the most profound bill in generations to impact the RCMP.

While we are on the topic of democratic rights, the other thing I clearly said in my initial speech on Bill C-7 was that we expect Bill C-7 and ultimately the collective bargaining unit for the RCMP to be the subject of a vote by members. We said that in the House and at committee, and the government is not providing that. If we combine Bill C-7 and Bill C-4, it would take away that right from the members of the RCMP in one bill and be silent on it in Bill C-7. The government knows full well that it will pass Bill C-4, which will deprive RCMP members of a secret ballot vote, while concurrently passing Bill C-7. That is shameful. That is why we are opposing Bill C-7.

Why is it shameful? We are debating Bill C-7 as the result of a Supreme Court of Canada decision that asked Parliament to fill the void that the Supreme Court indicated was there with respect to the exclusion of the RCMP from the Public Service Labour Relations Act. Therefore, we are here debating Bill C-7 because of a court decision. However, no members of the RCMP have really been asked about this fundamental question. Why would the government fear giving a secret ballot vote to all RCMP members from Surrey to Shelburne on a collective bargaining agent that is in their own interest?

What is ironic is that every member of the 338 members in this chamber were elected to this place by a secret ballot vote. However, they do not feel it is the same to give the basic fundamental democratic right to vote on their representation collectively to people whom we give the important task of keeping Canadians safe in rural parts of Canada, where the RCMP is the only face of the government and of law and order in this country, those members whom we ask to keep us safe. It is a sad irony that the new government that runs on and talks about sunny ways is clouding those sunny ways by running Bill C-4 and Bill C-7 through the House at the same time.

While I am glad the Liberals listened to us and struck clauses 40 and 42 from the bill, the fact that they are not listening to the existing concerns my colleague from Surrey mentioned and not giving the men and women the right to vote means that Canada's official opposition, the Conservative Party, cannot support Bill C-7.

Motions in AmendmentPublic Service Labour Relations ActGovernment Orders

May 9th, 2016 / 12:55 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I think it is important not to let the debate on an amendment that has to do with harassment and whether or not RCMP members would be allowed to bring issues of harassment to the bargaining table to get derailed by questions of process on certification. There will be time for that in the debate. There has already been a lot of discussion around that. There will be more opportunity for discussion on that at third reading. I would say, because what I have not heard in the arguments of some members is why a different rule should apply to RCMP members than a rule that will be applying to other Canadian workers who are federally regulated. The place for that debate is on Bill C-4, which will be coming back to this House, as well.

I just want to take some time to talk about however RCMP members get there, if they get there, to have a certified bargaining agent, the question we are talking about now with respect to this amendment is what that bargaining agent is going to be able to bring up at the bargaining table. That is the important issue, I think, with respect to debate on this amendment. I am pleased to rise in support of this amendment.

Members who have been following this debate closely will know that I argued at committee, with the support of my caucus, for an even greater lessening of restrictions on collective bargaining because we think that is required, frankly, in order to honour the spirit of the Supreme Court decision that was taken.

That ruling, and we actually heard quotes from that ruling from the hon. parliamentary secretary earlier, says very clearly that part of the impetus and reason for the kind of freedom of association that is guaranteed as a charter right and thereby also guarantees collective bargaining is that workers have to be able to have a meaningful recourse within their workplace and a way to identify their own priorities to bring them to the employer and to have a shot, I guess is the really informal way of putting it, at having some success.

If we are going to bring a bill forward that says for all the many reasons that RCMP members sustain a protracted court battle in order to get collective bargaining—those have to do with workplace safety and health; they have to do with the topic of this amendment, which is harassment and conduct within the workplace—if we are going to bring forward a bill in response to that decision that says, “Okay, fine. You have collective bargaining on paper but you can't bring any of those issues to the table. We don't even care what your proposals would be. We don't care how reasonable they would be. Before we know even what they are, we're going to rule them out of court through this legislation”, I think it does a real disservice to the Supreme Court's ruling. I think it does a disservice to members. I think it is a reason why, if we do not relax these exemptions, we are going to see, in very short order, another court battle and I think, eventually, if the Supreme Court continues to rule in the spirit that it has been on collective bargaining, we are going to see that this law does not pass muster.

We have an opportunity now to move forward with a bill that would actually give RCMP members what they asked for and what they fought for going through the court process. I still think there is going to be a lot of problems with the bill because there are so many other exclusions, but we will support this amendment because it is a way of making a bad bill a bit better. It is a bad bill that has a strong likelihood of passing, because the government seems quite committed to passing it in its present form. Why it feels such a loyalty to this form is beyond me. This is actually the language that was pulled out of a previous Conservative bill. The Liberals have not minced words when it comes to criticizing the previous government in terms of its approach and thinking. The Liberals certainly have not held back criticism of the previous government when it comes to its approach to labour relations, and yet, the first bill that they are likely to pass does not just adopt that same philosophy and approach, but it is actually for the most part word for word, the very same bill that had been contemplated by the previous government going back as far as 2010.

This amendment is a way, I think, of trying to bring the bill a bit closer to the spirit of the Supreme Court decision. I do not think it gets us there, but I think it is important for RCMP members, if there is a possibility of passing this amendment, and I hope there is, that would at least make things a bit better for them.

I would argue, and have been arguing at length throughout this entire process, that it is not just an opportunity for RCMP members, but it is an opportunity for the institution as well.

We have heard, and we are hearing today from Liberals about how the government is engaging to work on the issue of harassment to improve it. The Liberals are going to study it, as if it had not been studied before, and then they are going to make some changes, and I wish them well in that. I am not saying that is not important. I am not saying that is not an important part of the process, but what we have here with the Supreme Court decision and now Bill C-7, if it is changed, is an opportunity to bring in a genuinely new approach, to do something genuinely different, and to allow RCMP members to bring their knowledge and expertise of the force and how things work on the ground directly into conversations with management.

For instance, if it is the case that Parliament is going to be addressing workplace issues in the RCMP, along with management, and it is going to take parliamentarians going around studying issues, having a law come before Parliament and passing through the two Houses in order to address workplace issues, then is it the view of the government that somehow that is a better process? Is that somehow more responsive than a process that would allow a union that represents RCMP members made up of the very people who are out there doing that good work on behalf of Canadians?

Consider the time that it takes for an issue to filter up through an organization, get media attention, and build public pressure for government to act on it, and it is unfortunate that with issues of sexual harassment in the RCMP we have reached that point. It means that it has become very bad. However, there are all sorts of other workplace issues that maybe do not get quite that bad, but are egregious nevertheless, which could be addressed by a process that actually consults the people who are doing the work on a day-to-day basis. We could get that kind of day-to-day or month-to-month feedback between the people doing the job and the people managing it.

If the model which says that somehow issues have to get bad enough that they come to Parliament and then we go out and study the issue, sometimes for years, and bring legislative changes, is how we are going to address issues in the RCMP, then I do not think one has to be a super business ideologue to say that this is just a bad model. It is just not efficient.

Why would we not want a model, if we are seriously trying to address an issue, that would allow us to get more frequent feedback, which does not involve a bunch of third party players, like parliamentarians, for instance, who do not have that day-to-day experience and do not have a real operating knowledge? It may be that some members of Parliament do have that experience, but if they do, it is a coincidence of the fact that a particular person was elected to represent a particular riding. I think it is fair to say that most of us in this chamber do not have that kind of day-to-day experience. Therefore, it seems wrongheaded to me to pretend that the most serious issues of the force are going to have to come here before they can be dealt with.

There is an opportunity here to have a better system, a system that RCMP members appreciate much more fully, that they are actually a part of. However, part of our point is that we should not prejudge the issue of whether this is going to work well or not. If it works well, it means that fewer of those issues are going to come to the House.

I would say that by the time issues get here, they have become really bad, and they are probably far away from being effectively solved. A good collective bargaining process can help us catch more of those issues early on, and resolve them in the workplace so that they do not have to come to Parliament to get fixed.

To the extent that this amendment, in a limited way, creates more opportunity for that kind of better process in respect of a certain issue, we are in favour of it.

Motions in AmendmentPublic Service Labour Relations ActGovernment Orders

May 9th, 2016 / 12:50 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I am not sure whether the member and I were watching the same Charbonneau commission. Personally, what I remember from that commission is that, unfortunately, people in positions of authority in the unions violated the fundamental rights of union members to have proper representation. That is exactly the opposite of what we saw.

On this side of the House, we believe that, in order to be free of any express, malicious influence on the part of the union authority over the newly unionized members, voting should be done by secret ballot. That way, everyone can vote in good conscience, in a voting booth, and make the choice that they are most comfortable with. Voting by a show of hands or by identifying oneself, while three or four people are watching each individual closely to see who is on their side, is not necessarily the best way to go about it.

On this side of the House, we believe that secret ballot voting is the best way to give people who want to form a union even more strength and authority, whether we are talking about Bill C-7 or Bill C-4.

Motions in AmendmentPublic Service Labour Relations ActGovernment Orders

May 9th, 2016 / 12:40 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I am pleased to address the House to speak to Bill C-7. Throughout the discussion I will take the opportunity to emphasize that, even though I am not my party's critic on the matter related to this bill, two aspects of it concern me in both form and substance.

Bill C-7 concerns the 28,000 officers of the RCMP, or the Royal Canadian Mounted Police.

This bill was introduced in response to the Supreme Court's January 2015 decision in Mounted Police Association of Ontario v. Canada concerning the right of association of RCMP members. In its ruling, the Court gave the government one year to introduce legislation on the right of RCMP members to associate. That deadline was extended to May 16, 2016.

That is the first thing that I wanted to mention, as it reminds us of what we are going through, in terms of form, with the study of Bill C-14 concerning medical assistance in dying, in which I was directly involved.

RCMP members were not unionized, but they were part of groups and could have discussions with the employer under the staff relations representative program, which was established in the 1970s. It worked quite well, but was challenged by some groups of RCMP officers in Ontario, which resulted in this decision.

For the benefit of the Quebeckers who are watching, I should explain that the RCMP is also the largest police force in eight out of 10 provinces. Ontario has the Ontario Provincial Police, Quebec has the Sûreté du Québec, and the other provinces have the RCMP, the Royal Canadian Mounted Police, which is the police force that enforces the laws and regulations and maintains order in Canada.

The Supreme Court ordered the government to pass legislation conferring on RCMP officers freedom of association and the right to collective bargaining. It was at that point that our government, which was in power at the time, began to clear the way for drafting this legislation, under the direction of the hon. member for Bellechasse—Les Etchemins—Lévis.

Negotiations concerning freedom of association, agreements governing salaries, and all such matters do not happen overnight. We need to take the time to do it right, and that is the point we have reached.

The current government introduced Bill C-7. We agree on the principle of the bill, but we had some serious problems with some of the clauses. Therefore, during the clause-by-clause study, my colleague, the hon. member for Durham, who was a minister and who is a lawyer and a member of the Royal Canadian Navy, proposed some very important amendments.

Clauses 40 and 42, which were deleted from Bill C-7, had to do with health care and insurance provided to RCMP members. We are very happy that the government listened to the Conservative member for Durham with respect to deleting these two major clauses.

However, we do not recognize freedom of association in the same way as the government. We have two opposing views. This is also the case with another bill, Bill C-4, which I am working on in my role as employment and social development critic.

What is the government proposing, and what would we have liked to see in this bill? We think that the right of association must be recognized, but that it should be subject to a secret vote that reflects the will of the members. This is a key element that we enshrined in Bill C-525, for example, which was passed by the House of Commons. This bill required that union certification, specifically when a group of workers is trying to unionize, be subject to a secret vote.

The Conservative member for Durham proposed that solution, but the government rejected it. We find that unfortunate. The sacred right of association must be enshrined in law so that, when it comes time to negotiate, that right is even more powerful, legitimate, influential, and authoritative. In our opinion, the best way to ensure and assert that authority and strength is establishing secret ballot voting.

We know what we are talking about here in the House of Commons. We were all elected by secret ballot. That way of doing things dates back to 1874. It is nothing new. Elected members of the House of Commons have been familiar with the principle of the secret ballot for a long time. The same is true for elected officials in the provincial legislatures across the country. Every elected representative is elected by secret ballot. The same is true at the municipal level. Our mayors and municipal councillors are elected by secret ballot. That is a given in our democratic system if we want those representatives to be powerful, strong, authoritative, and competent.

A solid foundation is needed when it comes time to negotiate and discuss and to ensure that people are properly represented. On this side of the House, we believe that the best way to give unions or union representatives more authority is to allow them to obtain that authority by secret ballot. We encountered exactly the same problem with Bill C-4, for which I am the official opposition critic.

Bill C-525, which was introduced by a Conservative member under the former government, enshrined in law regulations regarding unions and the creation of unions through secret ballot. All of us here, who have decision-making authority, obtained that authority because the people in our ridings voted for us. We think that, when people need to create a union or an association, their representatives, who will be given the authority to negotiate with their employer, should be chosen through the same approach.

That is fundamental, but unfortunately, the government members decided to do otherwise. That is the government's decision to make, but it is not what we would have done.

We believe that that element is fundamental and that the government should have acted accordingly. The Supreme Court specifically stated, in the ruling handed down in January of last year:

The flip side of...freedom of association under s. 2(d) is that the guarantee will not necessarily protect all associational activity.

From our perspective, the best way to give the newly formed group the necessary authority is a secret ballot.

I want to be clear. We support the fact that the 28,000 members of the RCMP, for whom we have a lot of respect, are doing a great job. It is the most honourable job in our country. They deserve a lot, and they deserve it for our citizens. We have a lot of respect for them. We agree with the fact that they should have the right to negotiate as a group. We recognize that. That is why our colleague, the hon. member for Durham, did a tremendous job at the parliamentary committee by pulling out two clauses, clauses 40 and 42, which were not as good as they should have been.

However, we are at a crossroads. The government prefers to have a way of recognizing the group that will represent the RCMP members. We believe the RCMP members would be better served if the election of those people as their representatives was done by a secret ballot vote in front of the government. That is why we agree with the principle of the bill, but unfortunately, we will not be supporting Bill C-4 because the government has failed to recognize that the secret ballot vote is the best way to ensure the strongest dignity of this group to be represented.

May 2nd, 2016 / 5 p.m.


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President, Canadian LabourWatch Association

John Mortimer

We operate on $50,000 to $100,000 a year, and I have total confidence in the talented professionals and well-funded labour lawyers of Canada's labour movement to go after Canada's employers.

What is wrong in this country, sir, is that we're the only nation left on earth that allows forced union membership, the only nation left on earth that allows forced union dues, and the only nation in which workers are not protected from their union leaders by statute law. BillC-4 is about to remove those protections, which were a victory for them in the last Parliament.

May 2nd, 2016 / 4:50 p.m.


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President, Canadian LabourWatch Association

John Mortimer

It was both French unions and the government that came together to ensure disclosure. I would draw parallels back to what happened in America when you essentially had a left of centre party, the Democrats, who backed what then senator John F. Kennedy did, because, the equivalent of the day to Mr. Yussuff, the head of the American Federation of Labor, George Meany, advocated the goldfish bowl theory, which was that unions would be better in every respect if the light of day were shed on their activities.

There was a certain amount of support in that period of time in America amongst the most prominent union leaders for what John F. Kennedy did. That has not been here. We have learned from the American government website about illegal activities of Canada's unions involving other political parties in this country because we were able to read in there about donations they made to political parties. For example, when UFCW 1518 in Saskatchewan gave money to the New Democratic Party.

I think it's tragic what's happening here. The current Prime Minister, as a member of Parliament and as a party leader, spoke for pay at union executive meetings across this country before reaching the Prime Minister's Office. He made it clear to those union executives what he was going to do. Bill C-4 delivers.

During the hearings on Bill C-377 and Bill C-525, there were plenty of submissions to read. When I was to appear here before, it was cancelled due to events in the House; there was no submission there other than mine.

I would ask the Minister of Labour, what consultation took place when you met shortly after you got your mandate letter with leaders in this country behind closed doors and told them in no uncertain terms that you would move one bill to take down Bill-525 and Bill-377, full stop, end of discussion? It was a very blunt meeting, I'm told, by people who attended it. This is not consultation. This is favours to Canada's union bosses plain and simple, and workers and taxpayers are the ones who lose.

Aaron Wudrick Federal Director, Canadian Taxpayers Federation

Good afternoon. My name is Aaron Wudrick and I am the federal director of the Canadian Taxpayers Federation. I want to thank the committee for the invitation today. I will be limiting my remarks to the provisions of the bill that relate to the rescinding of certain sections of the Income Tax Act as they apply to unions.

For those who don't know, the Canadian Taxpayers Federation is a federally incorporated, not-for-profit citizens group, with over 89,000 supporters across the country. We have three key principles on which we focus all our advocacy. Those are lower taxes, less waste, and accountable government.

Very simply put, the CTF's view is that the sections of the Income Tax Act that will be rescinded by Bill C-4 represent a step backwards in terms of promoting transparency and accountability with respect to taxpayer dollars.

Obviously, there has been and will continue to be a very heated debate coming from both the union and non-union positions on the impact and desirability of these measures. We would merely say that it should not ever surprise the committee that any stakeholder—union or otherwise—who receives a hefty subsidy from taxpayers will inevitably resist attempts to have greater transparency imposed upon them.

In Canada, unions collect about $4 billion annually in member dues and can spend them as they see fit, with no mandatory public reporting. What makes this an issue for the broader taxpaying public is the fact that unions enjoy a range of tax benefits and special tax treatment that ultimately function as a public subsidy for their activities. Specifically, union dues are tax deductible, as is strike pay. These tax breaks have been estimated to have a net worth of about $400 million a year or more.

Charities receive somewhat similar but not as extensive special treatment, and they are accordingly required to file public disclosure in order to maintain their charitable status. This is the reasoning behind calls for public reporting of union finances. Where any entity receives the benefit of a public subsidy, the expectation of transparency is heightened as compared to those who do not receive a similar benefit.

To be absolutely clear, none of our comments here should be interpreted as opposing the political or social engagement of unions. Unions are legitimate stakeholders and should of course be able to engage in political activities. What we at the CTF object to is that unions are being subsidized by the taxpayer to do so. Indeed, we've even taken up the position that political parties themselves should not receive any, or at least, much less generous taxpayer subsidies. Given that they are subsidized, however, we believe that this special benefit should, as I said, attract a higher level of transparency than without the subsidy. This is analogous to our position on the transfer of public dollars to private businesses, also known as corporate welfare. We oppose it full stop, but if it is going to happen, surely the price for receiving a public subsidy should be transparency and accountability to the taxpayers who are footing the bill.

Finally, and with some regret, we would merely note that it is an unfortunate irony that this new government, which was elected on a platform that promised new and unprecedented levels of openness and transparency, has instead, of late, been making some troubling moves in the opposite direction.

While it's fair to say that the CTF does not support the overall fiscal direction of the new government, at least this is an honest disagreement. Contrast this with the transparency issue, where the CTF was very encouraged by and supportive of many of the Liberal Party's campaign promises. Indeed, our view is that the new government got off to a very good start on transparency by publishing ministerial mandate letters. Unfortunately, it's been pretty much been downhill from there.

In addition to the provisions in Bill C-4, the government has ceased enforcement of the First Nations Financial Transparency Act, which risks leaving many first nations in the dark as to the compensation and expenses of their elected officials. There are of course concerns about withholding information from the Office of the Parliamentary Budget Officer, which I won't belabour here, but in all it adds up to less transparency, not more. It flies in the face of the government's own commitments, and harms its credibility in presenting itself as the purveyors of real change, in contrast to their predecessors. We would certainly urge them to reconsider some of these positions, and looking at Bill C-4 would definitely be an excellent place to start.

Thank you.

John Mortimer President, Canadian LabourWatch Association

Honourable members, please look at appendix A of our submission. The current web page of the largest Canadian local of the Labourers' International Union says this about union cards:

Don't sign anything! You do not have to sign anything. Don't be tricked into signing something “to get more information”....It's just a sneaky way to get a...[card signed].

The horse's mouth speaketh the truth. Union organizers lie.

Employees might be told the card is just to get more information or just to get a vote, but in card check jurisdictions, unionization is the goal and the result of this trickery.

The Minister of Labour, union leaders, academics, and labour boards point to the low number of rulings about such union tactics. The three most relevant reasons are as follows.

For decades, labour boards have ruled that card-signing tactics are not the employer's business. In 2005 the Canadian board stated: “Any disquiet about undue influence or coercion into signing... should be brought to the Board's attention by the employees themselves.” Unions have plenty of talented professionals and outside labour lawyers, funded by their $4 billion to $5 billion in revenue, to challenge employers and competing unions, but with labour boards telling employers to sit down and shut up, it's simply not credible that employees have any practical ability to file charges against unions and miss work to show up and litigate them, let alone to afford a lawyer instead.

Sadly, labour board rulings allow unions to lie to unsuspecting workers. One board ruled that a fraud against an employee is not a fraud against the board and did nothing about it.

Then there is outright card fraud. We got a small peak at the underbelly of a union's tactics in British Columbia via the Purdys case, in which the union was caught, but only years later, for forging employee signatures onto cards.

Is there a political party in this country that has not experienced real problems with card-based membership drives ahead of nomination meetings? Does any of your parties call a membership card a vote? All unions that I know of run their internal affairs with votes and not with cards.

In 1977, Nova Scotia's workers became the first Canadians to get legislated access to a bulwark of workplace democracy, a statutorily guaranteed secret ballot vote, which this bill steals back from federally regulated Canadians.

Appendix C includes a table summarizing the key provisions of Canada's 11 private sector labour codes. Every year in the seven vote jurisdictions, in government-run elections, workers still have been unionized. Even in Nova Scotia, after 37 years of workplace democracy—news flash!—unions have not disappeared. Labour relations have not been set back to the age of the Flintstones there in comparison with card check jurisdictions.

Voting is criticized for reducing the rate of new unionizations. Of course it does so, because votes reflect what informed employees making a government-protected private choice actually want. Getting unionized by trickery, as the labourers' union points out to its members, in a situation in which workers have no real means of litigating and proving the outcome—that is going to be the federal reality for Canadians, if Bill C-4 is not amended or pulled back by the Trudeau government. Stealing the vote from the weakest party, the party that is not at the table with FETCO and the Canadian Labour Congress, and giving the card check back to Canada's executive suite of union leaders is simply wrong and undemocratic. As the Labourers Union rightly implies, a card is not a vote.

Shifting gears. it is very troubling that Bill C-4 is a single bill that also amends the Income Tax Act to take away financial disclosure. MP Hiebert modelled his Income Tax Act of Canada amendments on the American system, which some Canadian unions already comply with. That U.S. law started as the Kennedy-Ervin bill. Yes, none other than Democratic Senator John F. Kennedy and his brother Bobby led the charge at a Senate committee and as President Kennedy implemented the legislation he had championed in the Senate.

Our submission has extensive and accurate content on financial disclosure to factually correct the complete misrepresentations by numerous labour leaders about the state of union disclosure and privacy law in Canada.

Our submission includes proof that workers have had to fight unions over years in the legal system to get even minimal disclosure—proof that there is nothing for taxpayers and watchdogs to hold government of the day accountable to enforce the existing union dues tax deductibility provisions of the Income Tax Act. That is what Bill C-377 was set to finally enable for Canada's now even more-indebted taxpayers.

If you look at appendix E, you will see that across Canada's 11 provinces and three territories and the federal jurisdiction, there are some 32 labour codes—32. Only 10, less than one-third, have any provisions at all dealing with financial disclosure. Nine of those 10 only mandate disclosure to actual union members. Under nine of these codes, unionized employees, who must pay dues as a condition of employment or be fired from their jobs, are not entitled to a shred of financial disclosure at law. Only one of 32 labour codes covers those types of dues payers. There is nothing required under those 32 codes for taxpayers.

In our submission we have the actual wording that will show you how little those provisions actually provide.

Union leaders, and those aiding and abetting their huge campaign to hide from taxpayers and dues payers, have led you to believe that they all disclose, that they must disclose. One union leader wrote that labour boards keep financial statements on file, for the asking. Plain and simple: not one labour board collects and keeps them. That was another lie.

The CRA can go back seven years in our tax returns, but labour boards have repeatedly denied access beyond the most recent fiscal year when a union refused to expose, took union dues, and fought the workers at the labour board and won to keep the prior years secret.

Let's make this even more real. Appendix B in our submission is the cover page from a 2014 petition to a local of the PSAC from workers of the federal government looking for detailed disclosure. As of last week, since 2014, Robyn Bensonhas been silent.

The labour code of these employees is the Public Service Labour Relations Act of Canada. It is one of the 22 labour codes out of 32 that has not a single disclosure requirement for those workers to get access to what's going on at PSAC.

Under the 10, the mere 31% that have limited provisions, I have never read a labour board ruling that ordered any detail. Labour boards just order an income statement, maybe a balance sheet—two pieces of paper—for a $90 million union. That's not disclosure.

The most important topic, finally, that we address relates to the range of assertions that these Income Tax Act provisions had no Income Tax Act purpose. We respectfully disagree. Appendix I contains our very detailed analysis of the act, CRA interpretation bulletins, and Tax Court case law.

Two provisions of the Income Tax Act, paragraph 8(5)(c) and subsection 8(5), read like this: Dues are not deductible to the extent levied for any purpose not directly related to the ordinary operating expenses of the union.

We simply do not know, as taxpayers in this country, if it's $100 million being inappropriately spent, or $1 billion inappropriately spent.

Finally, Bill C-4 should be split in two. Respectfully, for this committee, I do not understand it, as a Canadian, to be constituted to serve Canadians as an Income Tax Act expert. The truth is that Bill C-4 is a form of omnibus legislation moving forward in a rush that reverses achievements of the last Parliament for taxpayers and workers as a political strategy to pay back the union executives who helped this government win its last election.

May 2nd, 2016 / 4:25 p.m.


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Executive Member, National Pensions and Benefits Law Section, Canadian Bar Association

Michael Mazzuca

It's not a likelihood, but I think a certainty. We know that it was already being challenged; I believe that was in Alberta. I think that if Bill C-4 were not moving forward, there would be a number of other challenges. A number of provinces had also let it be known that they would potentially challenge it as well. Those aspects of Bill C-377 would be dragged out through the courts for many years.

Dan Ruimy Liberal Pitt Meadows—Maple Ridge, BC

I didn't get enough.

Well, thank you again.

I'm still stuck on this Charter of Rights thing and on constitutionality. We're in Canada, so I think it's appropriate.

Mr. Mazzuca, in the event that Bill C-4 were not being proposed, what do you think would be the likelihood of a constitutional challenge to Bill C-377?

Hassan Yussuff President, Canadian Labour Congress

Thank you for the opportunity to appear before you today.

The Canadian Labour Congress, of course, is the single largest democratic and popular organization in this country. It speaks on national issues on behalf of 3.3 million workers. It represents more than 50 national and international unions in Canada. The Canadian Labour Congress strongly, of course, supports Bill C-4, restoring balance, fairness, and stability to federal labour relations.

From the beginning, the CLC opposed Bill C-377 and Bill C-525 as flawed, ideologically motivated legislation. These private members' bills represented a fundamental and a dangerous attack on the rights and freedoms of working people in Canada to organize unions free from outside interference. These bills were developed without consultation with the labour movement. They threatened to polarize federal labour relations and fundamentally tip the balance between employers and unions.

Historically, changes to the federal labour relations regime have been incremental, based on careful study and research, and developed through extensive consultation with unions and employers. Bills C-377 and C-525 were the complete opposite. Bill C-377 was drafted and introduced without consultation with unions. The bill lacked any credible labour relations or public policy rationale. Bill C-377's purpose was to single out, interfere with, and weaken the unions.

No public company, registered charity, or non-profit organization has to disclose confidential or extremely detailed information, only unions. None of the organizations whose members can deduct professional fees, such as bar associations, medical associations, engineers and, of course accountants, were targeted, only unions.

Seven provinces and numerous constitutional experts warned that Bill C-377 interfered with provincial jurisdiction over labour relations. Experts in constitutional law pointed out that the bill violated the rights of workers under the Charter of Rights. Conservative senators warned of the serious risk to personal privacy and to thousands of individuals unintentionally put at risk by the bill, and so on.

Unions routinely issuing financial reports to their members in nearly all jurisdictions in Canada have laws entitling members to financial statements.

Bill C-377 would have cost taxpayers millions of dollars to spy on and/or punish unions. This is purely for the benefit of union-busting employers and the anti-union crusaders.

Bill C-377 was flawed as an offensive attack on unions and the constitutional rights of working people. We commend the new government in Canada for repealing it.

Bill C-525 was also drafted without consultation and without convincing justification. FETCO, the association of large employers under federal jurisdiction, did not claim there were problems with automatic card check certification. FETCO did not identify any problems with card check certification before or even during the debate on Bill C-525. Blaine Calkins, the sponsor of Bill C-525, justified the bill by referring to union intimidation in organizing drives and the mountain of complaints that end up at the labour relations board. In fact, most cases of intimidation and unfair labour practice during the certification process across Canada involve employers. Eliminating automatic card certification and imposing mandatory voting have nothing to do—

Daniel Therrien Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Mr. Chair and committee members, thank you for inviting me to speak with you regarding Bill C-4.

In May 2015, I appeared before the Standing Senate Committee on Legal and Constitutional Affairs to comment on some of the legislative enactments of Bill C-377, which the bill before you now proposes to repeal. Namely, those provisions imposed certain public disclosure requirements upon unions under the Income Tax Act. Before that, my predecessor appeared before a House committee in 2012 and a Senate committee in 2013 on the same issue. As during my last appearance, I will keep my remarks at a fairly high level.

Firstly, as a matter of general government policy, I fully support efforts to encourage transparency and accountability, including for unions. These are fundamental organizational principles of good governance, and they underpin effective and robust democratic institutions. But transparency is not an end unto itself; it cannot be an absolute objective to the exclusion of other considerations such as privacy. Transparency efforts must be carefully balanced with the need to protect the personal information of individuals.

It was the aim of Bill C-377 to render operations of union organizations transparent and therefore more accountable. This was to be achieved by requiring publication of individual employee compensation over $100,000; details of all transactions and disbursements for which the cumulative value in respect of a particular payer or payee was greater than $5,000, including third parties; and the percentage of time spent by certain individuals on political activities and lobbying and non-union activities.

In my remarks before the Senate on the proposal, I expressed doubt that true accountability for union members required publication of such extensive personal information to the general public through the website of the Canada Revenue Agency. The vast majority of unions already have financial statements that are internally available to their members and in many cases publicly posted on their websites. However, these statements containing financial information are usually in aggregate form and seem to achieve their intended purpose without having to name specific individuals.

As I have emphasized in other venues, most recently before the House ethics committee, political activity can be and for many people is a very sensitive and personal matter. Publicly listing specific individuals along with their political and lobbying activities is, in my view, overreaching.

Likewise, publicly naming individual payers and payees, often third parties, associated with transactions involving cumulative value over $5000 seems disproportionately intrusive from a privacy perspective.

Finally, as for shining light on the compensation levels of a union's highest-paid officers, there are several ways this can be achieved in practice without having to legislatively require disclosure of specific salaries of named individuals. While several provinces require that detailed reports of a union's spending be made available upon request, these measures have stopped short of publishing the names and earnings of individuals. Similarly in France, for example, unions publish annual financial statements—that is, assets, liabilities, loans, etc.—but they contain no personal information.

In short, I am supportive of the legislation before you that will revoke these more problematic aspects.

I would be pleased to answer any questions you may have.

Thank you.

Michael Mazzuca Executive Member, National Pensions and Benefits Law Section, Canadian Bar Association

Thank you.

Mr. Chair, vice-chairs, and honourable committee members, I'm pleased to be here today on behalf of the Canadian Bar Association.

The Canadian Bar Association is a national association representing approximately 36,000 members of the legal profession. Our primary objectives include improvements in the law and the administration of justice. It is through this lens that we have prepared our written submissions and appear here today.

Our written submission was prepared jointly by the privacy and access law section of the CBA, the constitutional and human rights law section, and the pension and benefits law section, which I am from.

Our written submissions and our comments today are focused solely on the clauses of Bill C-4 that repeal the former Bill C-377. Those are clauses 12 and 13 of Bill C-4.

The CBA has previously expressed a number of concerns with respect to Bill C-377, both in our written submissions and in appearances before the House of Commons finance committee, the Senate banking, trade, and commerce committee, and the Senate legal and constitutional affairs committee. I am a past chair of the pension and benefits law section, and I was the one who appeared on behalf of the Canadian Bar Association at each of those committee hearings.

As I've said, the CBA supports the provisions of Bill C-4 that repeal Bill C-377, which inserted into the Income Tax Act extensive reporting requirements for labour organizations and labour trusts. The CBA remains of the opinion that Bill C-377 was fundamentally flawed and it triggered serious concerns from a privacy, constitutional law, and pension law perspective.

I'll leave it to my colleagues to speak more at length about this, but from a privacy point of view, the disclosure of salaries and wages of employees and contractors of independently governed organizations went well beyond what previously existed, or what has previously existed, in Canadian law, and was inconsistent with the privacy protections embodied in numerous privacy policies and constitutional jurisprudence in Canada.

To the extent that Bill C-377 would have required particularized disclosure, it obliged disclosure of personal information that is normally considered amongst the most sensitive, such as financial information and information about political activities and political beliefs. In particular, from our legal profession's perspective, the CBA was concerned, as it was throughout the process with Bill C-377, that appropriate provisions were not made for information that's usually protected by solicitor-client privilege.

Solicitor-client privilege has been called a fundamental civil right, one which the Supreme Court of Canada has said must be protected by stringent norms in order that it remains as close to absolute as possible. There were minor exemptions for solicitor-client privilege in the final version of Bill C-377, but legal advice can be provided in a number of different transactions and contacts. The overriding concern the CBA had was that the bill in its entirety did not make provision for the protection of solicitor-client privilege.

The CBA believes Bill C-377 lacked an appropriate balance between any legitimate public goals and the respect for private interests protected by law.

From a constitutional law perspective, we believe that Bill C-377 was certainly open to challenge under both paragraph 2(b), freedom of expression, and paragraph 2(d), freedom of association, of the Charter of Rights and Freedoms. We know, in fact, that it already was subject to a legal challenge, I believe in Alberta.

In particular, the requirements that a labour organization file a statement detailing its disbursements for political activities, lobbying activities, organizing activities, and collective bargaining activities, we believe, could have been found to be unconstitutional, counter to the charter's protections of freedom of expression and freedom of association.

We also believe that section 149.01 of the Income Tax Act, which was inserted by Bill C-377, interfered with the internal administration and operations of a union, which the constitutionally protected freedom of association precludes unless the government interference qualifies as a reasonable limitation upon associational rights. In that regard, it was unclear to the Canadian Bar Association exactly what the justification was for these severe infringements.

In a recent case, the Supreme Court of Canada said that the charter protects a union's ability to communicate and persuade the public of its cause, and that impairing its ability to freely express itself as it sees appropriate would be an unjustified infringement on section 2(b) protected rights.

Just as the Supreme Court of Canada has affirmed that section 2(b) of the charter protects a union's freedom of expression, it must also protect its freedom not to express.

Let me conclude on the pension and benefits concerns. Our concerns stem from the fact that Bill C-377 was broadly drafted and applied to labour organizations and labour trusts. The definition of “labour trust” was so broad that it included any fund in which a union member was a beneficiary. As we know, a great variety of types of benefits may be offered to employees and union members, and the small list of exemptions contained in Bill C-377 was not sufficiently broad. The list of exempted plans in the bill failed to encompass things such as charities, non-profit organizations, RCAs or retirement compensation arrangements, education and training initiatives, and mixed-purpose benefit plans. A plan that provided death benefits, for example, would have to disclose information about individuals who receive such benefits.

As a result of these concerns, the CBA is fully in support of the provisions of Bill C-4 repealing those provisions of Bill C-377.

Thank you.

Joyce Murray Liberal Vancouver Quadra, BC

Thank you, Mr. Chair.

There's a point that I would like to make sure is also considered in this discussion, and it is that the clauses in the bill do not dictate whether it would be one way or another at certifying. In fact, it gives the opportunity to the Public Service Labour Relations and Employment Board to determine that, based on what is most appropriate at the time, so it doesn't restrict it to one or the other.

As well, the key issue here is that there is another bill before the House, Bill C-4, which has the intention of restoring the certification and decertification options and processes that were in place for employee groups before they were changed by the previous government through Bill C-525.

There is a Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. It has the responsibility for reviewing Bill C-4, so these discussions about whether Bill C-4 is preferable to the previous government's Bill C-525 on these matters are going to have a full airing at that committee. That's where I think we should leave it.

Pam Damoff Liberal Oakville North—Burlington, ON

Mr. O'Toole mentioned that Bill C-4 is already being considered before the House. I agree with my colleague from the NDP that the RCMP shouldn't be treated any differently from anyone else. Bill C-4 will cover them, and it should cover everyone, including the RCMP. I won't be supporting the amendment.

Erin O'Toole Conservative Durham, ON

This was an amendment we raised at second reading debate in the House and certainly in this committee as well.

We feel that in any democratic organization, in the certification process for a bargaining agent or the vote for a bargaining agent, a secret ballot process should be in place to allow all members to express their own opinion on certification.

In the briefing that parliamentary secretaries were kind enough to have with departmental officials, we were informed that all previous certification votes of public sector bargaining agents had been done by secret ballot. We're aware that there's a concurrent bill, C-4 on the order paper, but for this particular certification, given that employee choice was one of the key considerations in the Mounted Police Association of Ontario Supreme Court decision, we feel that line 3 on page 18 should be replaced with a direct reference to a secret ballot representation so that all members of the force have their say.

LabourOral Questions

April 19th, 2016 / 2:50 p.m.


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Kildonan—St. Paul Manitoba

Liberal

MaryAnn Mihychuk LiberalMinister of Employment

Mr. Speaker, what I can tell the House is that this side respects both unions and businesses and their ability to come to a deal together. They both are going to be at the table working hard for their collective responsibilities. Overall, 95% of all agreements are settled at the table, if they are fair and balanced. This is exactly what we are doing with our Bill C-4.

Opposition Motion—Political Fundraising ActivitiesBusiness of SupplyGovernment Orders

April 19th, 2016 / 1:30 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, it is going to be hard to follow that, but I will do my best to make sure I say “lawyer” when it is appropriate and the other word when it is appropriate, but I cannot say that word in here.

This debate today provides us with a great opportunity to reflect and take stock as Canadians watch the debate. When Canadians elect people and send them to Ottawa they want them to behave in a way that shows our country both domestically and around the world in the brightest light and in the highest standard possible.

That brings me to what the motion is all about. The government party and members on the other side who are taking us to task for presenting the motion today are using words like “frivolous”. They are making comments like “this is a waste of time”. We are debating a rather substantive document, a document called “Open and Accountable Government”. It is written on the letterhead of the Prime Minister of Canada and it bears his signature. This is the standard to which this debate should be held. Members of the Liberal caucus who are rising are hiding behind a technical ruling from the Ethic Commissioner's office. I want to be very clear for people watching this debate at home how this works.

Currently, we have the Conflict of Interest Act and the code of conduct for ministers, parliamentary secretaries, and members of Parliament. This is administered by Mary Dawson, the Conflict of Interest and Ethics Commissioner. She has come before the ethics committee many times. I chair that committee and I have been on that committee in previous Parliaments. We are reviewing the legislation, which has not been updated since the 1980s when it was first introduced. That is how archaic the legislation actually is. Every previous government owns the responsibility for not updating the legislation. I am not here to debate that with the member for Lac-Saint-Louis. I would agree that the time has come.

I remain cautiously hopeful and optimistic that the new bar that will be set in law will actually meet the supposed tests that the Prime Minister expects his cabinet ministers to meet. Here is the reality.

The witnesses who come to committee recommended by the Liberal Party, the NDP, and the Library of Parliament, virtually all are unanimous in saying that the Conflict of Interest Code and the Conflict of Interest Act which creates the code do not stand up in today's society. That bar is here. The Conflict of Interest and Ethics Commissioner, the Information Commissioner, the access to information commissioner, and the Commissioner of Lobbying, have lobbied many times to raise the bar on all of these things. The bar to which they say that the legislation should be changed is here.

The document that the Prime Minister has penned, which has been quoted from several times today, and I will quote it again, says:

Ministerial Conduct

Ministers and Parliamentary Secretaries must act with honesty and must uphold the highest ethical standards so that public confidence and trust in the integrity and impartiality of government are maintained and enhanced.

It goes on:

Moreover, they have an obligation to perform their official duties and arrange their private affairs in a manner that will bear the closest public scrutiny. This obligation is not fully discharged merely by acting within the law.

The law has a standard that is down here according to almost anybody that comes before the committee. That is not a high bar to achieve, and it is not a bar that I would hide behind if I were on the other side of the House today trying to defend.

This document, “Open and Accountable Government”, holds a lot of hope and optimism, but we have to remember who penned this document. This document is supposedly penned by the Prime Minister. My guess is that it was penned by somebody else who might have worked at Queen's Park, where they currently have quotas for ministers to achieve, fundraising targets, and was simply signed by the Prime Minister. Nonetheless, even if the Prime Minister did not pen it, he signed the document, so he is responsible for it.

Let us take a look at that particular individual's conduct. After becoming an MP, we know that the current Prime Minister accepted numerous paid speaking engagements while he was a member of Parliament, and for that he was admonished, not necessarily technically by the Ethics Commissioner, but certainly anybody with any credibility in the media or in civil society would look at that and say, “You are a member of Parliament. You have been invited to a speaking engagement and you are charging a fee?”

In one particular case, the current Prime Minister, in his capacity as a member of Parliament, actually billed a school board $780 for a limousine service to take him from Ottawa to Kingston and return him to Montreal. That is when he appeared at the Algonquin and Lakeshore Catholic District School Board, in Kingston, where he was paid $15,000 to be a speaker. That was in 2010. He was a member of this House. He probably had designs on being the prime minister at some point in time. My guess would be that one would have to do that at some particular point in time.

George Takach said, “MPs shouldn't get paid extra for public speaking, it's part of their job description”.

I certainly would not even dream of accepting payment in my capacity as a member of Parliament, which I have had the privilege of being for the last 10 years in this House.

Others go on to say, “I certainly wouldn't be, as a member of Parliament, receiving money for speaking out on matters of public interest”. This is something that we already get paid quite well to do.

We have to ask ourselves whether the Prime Minister actually believes the document he has penned or whether it is “do as I say, not as I do”. This raises a lot of questions.

He has charged $20,000 to the Certified Management Accountants of Ontario. Would the certified management accountants have anything to lobby the government about at some particular point in time?

He has also taken speaking fees from the Ontario Public Service Employees' Union. We all know about Bill C-4. The ink was not even dry on the swearing in of the ministers, then there is pro-union legislation on the table in the House of Commons. We have to wonder just exactly where the Prime Minister is at on this.

Notwithstanding the credibility of the author of the document, I still have high hopes, as chair of the ethics committee, that we can actually elevate the legislation we have here.

Then we come to the justice minister and the conflict of interest that is abundantly clear to everybody in the world except the Liberal caucus.

The government House leader just stood in this House and tried to rationalize her appearance, because he is able to get $700-a-plate fundraisers in his own riding, 20 minutes from his house, where everybody knows him. He is happy with $750. That is enough to have access. Then he asks us to equate that with an MP from Vancouver, who is unknown to most people in the greater Toronto area, charging $500 a plate for an invitation-only, not even advertised, event. That just does not pass muster. It does not make any sense at all.

We can compare that with some of the decisions, and I was hopeful before Christmas. My birthday is at Christmas, so I was feeling good—

April 18th, 2016 / 4:55 p.m.


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Associate Professor, Osgoode Hall Law School, York University, As an Individual

Dr. Sara Slinn

Thanks very much.

I'll focus my comments on the representation procedures, reflecting my research experience in this area, and will address two aspects of these procedures: the nature of votes, and the academic research on the effect of choice of procedure on certifications.

In terms of the nature of representation votes, first of all, the confidential nature of votes shouldn't be overstated when assessing the reliability of mandatory vote representation procedures. Both employers and the union know which employees voted and which did not, in every vote, and know how many ballots were cast for and against unionization. This encourages employers and unions to draw conclusions about individual employee's choices and likely discourages some employees from voting, particularly in smaller units or where fewer ballots are cast.

Secondly, there is a faulty political election analogy at work here. Mandatory vote supporters commonly rely on a political election analogy founded on the view that certification votes are analogous to political campaigns and elections. The attraction of this argument is understandable, appealing as it does to ideas of free speech and informed choice and workplace democracy, but it's a false analogy.

The nature of union representation is not analogous to government power or political representation, and as a result, the nature of decision-making in a union vote is not analogous to that in a political election. First, the nature of the decision is different. Certification doesn't transform the employment relationship. It simply introduces the union as the employee's agent for the limited purpose of bargaining and administering any collective agreement that the union may be able to negotiate. The employer's overriding economic authority over employees continues in any event.

Secondly, there is no non-representation outcome possible in the political context. In political elections citizens vote between two or more possible representatives. There is no option to be unrepresented, so as Becker, for example, has pointed out, if union representation elections were to be analogous to political elections, then it would be a vote among different collective employer representatives with no option for non-representation. That's simply not the system that we have anywhere in Canada.

Finally, in terms of cards being a reliable measure of employee support, it's often contended that votes more accurately indicate employees' desire for union representation than cards, suggesting that card-based certification fosters union misconduct to compel employees to sign cards. Although this is possible, there is no evidence, either in academic studies or in the case law from jurisdictions that use this procedure, that it is a significant or a widespread problem. Anecdote isn't evidence, and certainly it shouldn't be a compelling basis for legislative change in the face of a lot of academic research finding that mandatory vote systems have negative effects on labour relations and that employer interference in certification is indeed a significant and widespread problem.

In terms of the academic research on the effect of the choice of procedure—vote versus card-based certification—you're likely already familiar with a lot of this so I'll be relatively brief and leave it largely to your questions if you want to go into more detail on these particular topics.

First of all, studies have consistently concluded that mandatory vote procedures in Canadian jurisdictions are associated with statistically significant reductions in certification application activity, including certification success rates. This is in the order of about 20 percentage points. Reduced organizing activity—that's applications as well as certifications—are found to be concentrated in typically more difficult to organize units where we're talking about weaker and more vulnerable groups of employees. The increased opportunity for delay and for greater opportunity for employer unfair labour practices are identified in the research as contributing to these effects.

Just on some earlier comments querying how it could be that employers could engage in unfair labour practices or anti-union activity in the vote procedure, it's clear how this can happen.

In every case, in a vote-based procedure, the employer is notified by the labour board that a certification application has been made. It then has the period between that notification and the date of the vote. In most jurisdictions in Canada, in all but two, there is a deadline for that vote. It's between five and 10 working days. Under the Canada Labour Code, there is no deadline for that vote.

This provides ample time for employers to engage in anti-union campaigns. Anecdotally I've heard of five-day plans where it's advertised what the employer must do on each of the days, for example in the five-day period in Ontario between the application and the vote, to defeat the certification. There's no evidence there isn't sufficient time for employers to respond between the application, the notification, and the vote.

Secondly, there's quite a bit of research on delay in the vote process. Representation votes, by requiring a vote in addition to submitting evidence, necessarily result in a longer certification procedure. It has been found that it significantly reduces the likelihood of certification where there's either no time limit—as is currently the case under the Canada Labour Code and other federal legislation—or the time limit's not well enforced. This is in the order of 10% to 32%.

These studies concluded that a combination of enforced statutory time limits and expedited hearings for unfair labour practices was necessary to satisfactorily offset these negative effects. Neither of these are currently available.

Delay should be a real concern under the current provisions, and it is something that Bill C-4 would in part address.

In terms of employer interference, the vote-based procedure gives employers a substantial opportunity to seek to defeat the organizing attempt. There are numerous studies showing this is not only widespread, but effective. A large percentage of managers surveyed in some of these studies admits to engaging in what they believe to be illegal unfair labour practices to avoid union representation.

Survey evidence by Lipset and Meltz has also found in Canada that non-union employees expect employer retaliation and expect anti-union conduct by employers. Research by Mark Thompson at UBC has found that Canadian employers are no less anti-union in their attitudes toward unions than U.S. managers. That is something also to keep in mind.

In terms of remedying employer interference, the dilemma with the mandatory vote procedure is that, on the one hand, quick votes are seen as necessary to protect employees from inappropriate employer interference, and on the other hand, holding a vote quickly might not allow labour boards an opportunity to effectively remedy employer unfair labour practices. The vote can be held before the unfair labour practice can be heard and a remedy awarded.

Employees require greater protection from employer interference under a vote system. These include access to expedited unfair labour practice procedures and more substantial interim remedies, but such necessary protections were not provided by Bill C-525.

I'll make a comment regarding the Bill C-377 changes. Disclosure is already required for unions for all bargaining unit employees. I'd also like to echo Mr. Sims' comments that in Europe there is a very different approach to labour relations. The difference in the approach to disclosure and to union finances is embedded in a very different labour relations system. The Canadian and U.S. system is, in the broader international perspective, an extremely unique labour relations system, and it's inappropriate to consider transplanting one specific element of an interwoven very different system.

In closing, the Bill C-4 proposed amendments reversing the Bill C-525 and Bill C-377 changes, particularly to representation procedures, are a change that better protects employees' decision-making about collective representation.

Thank you.

Andrew C.L. Sims

I think I can accommodate you in much less than 10 minutes, Mr. Chair.

Let me introduce myself in terms of why I'm here and the experience I'm prepared to expose to you, should you want to ask questions.

My career for 42 years has been in labour relations. In 1984 I left a legal practice to join the ranks of the neutrals and became, first, a vice-chair for a year and then then chair of the Alberta Labour Relations Board until 1995. I was there 10 years. I continued as a vice-chair of that board until 2015. I've also served as a vice-chair of the Canada board for three years and, probably of most significance to your deliberations, chaired the 1996 task force to review the Canada Labour Code that resulted in the report, “Seeking a Balance”, which I'm going to make some brief reference to.

That report resulted in fairly significant changes to the Canada Labour Code, enacted in 1998. Those provisions, other than essentially the provisions we are discussing today, have been the framework for Canadian federal labour relations ever since 1998, through to 2016.

I want to speak first about process. When my colleagues and I—my colleagues Rodrigue Blouin from Quebec and Paula Knopf from Toronto—were commissioned to do the task force, we consulted very early with the parties to federal labour relations and on our own experience. We had three board chairs, three experienced arbitrators.

Our view, and the view of virtually everybody we consulted with, was that this was a successful tripartite system. We encouraged the parties to meet together not only to put their briefs forward, but to discuss things at a series of round tables. In a room like this, we had a consensus process that met about 10 times.

Probably the proudest day of my professional career was sitting in a room like this with a federal minister. It had been initiated by Minister Robillard, but it was Minister Gagliano by the time we were done. There were two groups, the representatives of federal employers and the representatives of the Canadian labour movement. They both said to us, and more importantly, to the minister of the day, “We don't agree with everything that is in this report.”

One side disagreed with a couple of things, and the other side disagreed with a couple of things—significantly, one of which was the card system—but both said very clearly and ultimately enthusiastically that it was a package deal, something they could both live with, and a framework that they could buy into and use to administer their labour relations. I believe the bill that came out of that was a successful revision to the Canada code. I think it has worked.

We said in our preamble, if you can pardon me for reading just a bit:

We want legislation that is sound, enactable and lasting. We see the too frequent swinging of the political pendulum as being counter productive to sound labour relations. We looked for reforms that would allow labour and management to adjust and thrive in the increasingly global workplace.

We said further on, at page 40, in describing the criteria for reform, that:

stability is desirable and pendulum-like changes to the Code do not serve the best interests of the parties or the public; consensus between the parties is the best basis for advocating legislative change; recommendations should be enactable, long-lasting and premised upon the overriding concept of voluntarism.

I won't go on and read more, but we went on at some length, first, about what we thought was the reason we were successful in getting consensus, and second, the importance that consensus plays in a labour relations system. I have not changed my views on that.

I have now been involved in administering labour boards, arbitration, and mediation in the federal and provincial industries. I've done a number of legislative reviews. I still believe firmly, even passionately, that political interventions that are seen as deliberately tipping the pendulum are corrosive of labour relations. They prompt the other side to go away from the bargaining table and common interests, and to pursue political solutions to gain an advantage. That is disruptive of our labour relations system, which ultimately requires both sides to face economic realities head-on and not use legislative advantages to try to defeat the other.

It's a fairly strong expression of views, but it is not simply my personal experience. It is founded on the last 30-year—and I think the most significant 30 years—review of the Canada code, and the people whose laws will be affected.

In my view, the two bills that are repealed by Bill C-4 failed to meet that criteria. They both had the air of one side seeking political intervention for more ideological, economic, or relationship reasons, and they have corroded the view that legislative reform at the federal sector is based on the tripartite model.

I have some specific comments, but I'm not going to go through them. I think I'm going to leave them for questions.

I will say one thing, and I think this is very important given the discussion I heard earlier. I heard several comments about every other country in the world. With our American partners, although their system is unique in many ways—unique is perhaps a euphemism—some of their system trumps ours.

Derrick Hynes Executive Director, Federally Regulated Employers - Transportation and Communications (FETCO)

Thank you, Mr. Chair.

Good afternoon to all honourable members seated around this table today. It is with pleasure that I present some thoughts to you today on Bill C-4 on behalf of FETCO.

For those of you who are not aware, FETCO stands for Federally Regulated Employers - Transportation and Communications. With that mouthful of words, I'm sure you can appreciate why we tend to shorten our name to just FETCO.

FETCO member organizations are all federally regulated firms in the transportation and communications sectors. The common area of interest that binds us together is labour relations under the Canada Labour Code. We have existed as an employers' association for over 30 years. We are essentially the who's who in the federal sector, encompassing over 400,000 employees and representing many well-known firms such as Air Canada, Bell, CN, CP Rail, and Telus, to name just a few. Most of our member companies are heavily unionized and have a long and successful track record of tripartite engagement in federal labour relations, and I'll speak more on this issue a little later.

As you are all aware, Bill C-4 will repeal two pieces of legislation passed during the last Parliament, Bill C-377 and Bill C-525. FETCO believes that both of these bills resulted from an inappropriate process, one that did not take advantage of a pre-existing and well-established tripartite approach to labour relations.

However, given its significant labour relations implications I will spend my short time with you today focused solely on Bill C-525, the union certification and decertification bill.

FETCO was heavily engaged in the process that brought C-525 through the parliamentary process and has spoken on the record on this bill on several occasions. If I can leave but two key messages with you today that sum up the FETCO position on Bill C-525, it would be the following. Please note that I do recognize these appear to be contradictory, and I hope to explain that throughout my presentation.

First, FETCO had and continues to have concerns regarding the manner in which Bill C-525 was enacted. Second, FETCO supports the basic principles proposed in Bill C-525.

I'm sure at this point some of you are scratching your heads wondering how we can simultaneously support Bill C-525, but at the same time have concerns regarding the process used to enact it in the first place. Please let me explain.

FETCO has consistently argued in concert with organized labour, I should add, that the process used to enact Bill C-525 was inappropriate. Bill C-525 brought in a revised certification and decertification process for all federally regulated organizations via the use of a private member's bill.

While we do not view the use of private members' bills as in any way undemocratic, we do feel they should not be used for changes to the Canada Labour Code. For decades, a meaningful, tripartite, consultative mechanism has existed for such changes, where the three key stakeholders—government, labour, and management—take a deliberate approach to changes under the code and its associated regulations by consulting extensively ahead of time.

Changes to the code should only be considered after a meaningful, upfront dialogue that contemplates all related implications and assesses any change within the greater context of the entire collective bargaining environment. By using this approach via a government bill, a greater degree of rigour is applied to the process. Committees tend to have access to research and analysis and can tap into key internal resources, such as the expertise that exists within the labour program at ESDC and across other government departments.

While a private member's bill does proceed through parliamentary committee and the related process, it does not receive the same level of scrutiny as can be achieved through a meaningful consultation with all stakeholder that is represented by a government-wide approach. We have a system that works. Our suggestion is that we use it.

This brings me to my second key takeaway, which may sound contradictory, but FETCO ultimately did support the basic principles presented in Bill C-525 and is supportive of these changes within the federal collective bargaining environment.

If you'll indulge me, I'd like to read into the record today some comments presented by FETCO to the Senate Standing Committee on Legal and Constitutional Affairs when Bill C-525 was being contemplated in December 2014:

Bill C-525 is a private member's bill. In its original form, it was unfairly constituted and prejudicial to unions and employees seeking [union] certification. In its original form, C-525 required that in order for a union to be certified, it would have to demonstrate in a secret ballot vote that the union had an absolute majority of employees in the appropriate bargaining unit as opposed to the majority of employees in the appropriate bargaining unit casting ballots in favour of the union. FETCO is [most] pleased that Bill C-525 was modified substantially...by the House of Commons Standing Committee on Human Resources...before passing third reading in the [House of Commons].

FETCO members prefer a secret ballot vote to a card check system for the purpose of determining if the union is to become the certified bargaining agent for employees. A secret ballot vote is the essence of true democratic choice and is entirely consistent with Canadian democratic principles. It allows each and every employee to express their true wishes without undue influence or disclosure of how they cast their ballot. This is the mechanism that is used for the electoral process in Canada. It is the fairest process. ...Furthermore, this certification process by means of a secret ballot vote based on the majority of votes cast is the standard that currently exists in the labour relations legislation in the provinces of Alberta, British Columbia, Nova Scotia, Ontario and Saskatchewan. It is a widely accepted method to determining certification in Canada. It is not new. The provisions in Bill C-525 regarding the threshold number of employees required before the Canada Industrial Relations Board will order a certification vote or a decertification vote is 40%. This is appropriate. These provisions are equally fair and are consistent with the rules for establishing certification and decertification vote thresholds in the various provincial jurisdictions. In sum, FETCO supports Bill C-525 as currently written.

Honourable members, I hope that you now better understand the genuine dilemma that Bill C-525 represents and represented for FETCO members. While we objected to the process used to enact it, we certainly supported the final language that was revealed following committee reviews in the House of Commons and the Senate.

Bill C-525 contains three key principles that FETCO continues to support.

First, it ensured that a secret vote would be required for all union certification and decertification efforts. The secret vote is fundamental in our democratic society. We cannot think of another approach that is more open and fair to employees when making these important choices.

Second, it ensured that unionization could not be achieved solely by the use of signed union cards. Employees were free to vote their conscience secretly, without fear of coercion. This approach is consistent with the majority of Canadian jurisdictions.

Third, it set the threshold for requiring a vote for certification or decertification at 40% of those that sign union cards. This is also consistent with the majority of Canadian jurisdictions. The 40% threshold is required in Alberta, Newfoundland and Labrador, Nova Scotia, and Ontario. In fact, 45% is required in British Columbia and Saskatchewan.

Bill C-525 brought the federal system in line with the majority of other jurisdictions in the Canadian labour relations system covering the majority of employees in the country, and it brought the democratic secret vote. This is why it was and still is, for that matter, supported by FETCO.

Thank you for your time and for the privilege of speaking with you today.

April 18th, 2016 / 3:35 p.m.


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Vice-President and Manager of Labour Relations, Industrial Contractors Association of Canada

Tony Fanelli

Fair enough. Okay.

Who is the NCLRA? While people in our industry have a pretty good handle on the alphabet soup of organizations that we have, it's a bitter fact that beyond our immediate group, people know nothing about how we are organized and how we bargain. The NCLRA is the acronym for National Construction Labour Relations Alliance of Canada. It is the umbrella group for the various provincial and national contractor associations from across Canada.

We are the unionized contractors, and account for somewhere in the vicinity of 50% or more of the commercial and institutional sectors of construction. We employ roughly half a million workers. Some contractors employ one or two. The companies that I represent, including our own, go from employing hundreds to employing thousands, and back to hundreds again, in an unending cycle of build up and build down. This makes our business very complex and requires us to be able to deploy workers in a way that makes sense. Frequently the difference between success and failure on the job is how we are able to deploy that workforce.

Each provincial and national contractors group represents a significant number of contractor groups. For example, there are 60 contractor groups within Ontario, 32 in Alberta, 35 in British Columbia, and 28 in Saskatchewan. Each of these contractor groups represents from hundreds up to thousands of individual contractors. The contractor associations bargain on behalf of all the contractors with their labour counterparts.

Our various trade sectors have created a complex network of relationships with our union partners. We are almost inevitably one half of the board of trustees of pension funds, health and welfare plans, training trusts, education trusts, industry improvement funds, supplementary unemployment benefit funds, and a host of others. This is where one of the complicating factors of Bill C-377 would have arisen. The definitions that amend subsection 149.01(1) of the Income Tax Act are very broad. From the legal opinions our various contractor associations received from their legal counsel, these are broad enough to include both contractor groups and individual employers as labour organizations or labour trusts. Surely that is not what anyone would have envisioned.

Our business is highly competitive. Virtually every job is as a result of a tender process. The successful bidder is required to be the tenderer that offers the best price. I personally have never doubted that the rationale behind Bill C-377 was to give our non-unionized competition an advantage. In the bidding process, we are on the training trust funds, the education funds, the industry improvement funds. We make contributions into these funds, and we receive a considerable amount of training support from the training trusts. It is absolutely clear that when the value of our contributions on a trade-by-trade basis, or the support we have from a training fund, becomes a matter of public record, it is a very simple thing to reverse-engineer as to how we've been doing certain work, or how we develop a crew mix, or how we develop or deploy workers, or how we actually manage the work that impacts enormously on our commercial confidentiality. This alone ought to be a significant enough reason to repeal this legislation.

The cost to contractors is really one of the most important issues I want to dwell on. The costs to our contractors in and of itself are massive. In my company, as a general contractor, we hire all trades. We remit to the various trust funds for each of the unions in the construction industry. Each union has four or more such trust funds. There are 16 unions. In some cases, each union represents more than one bargaining group, so our company, which works in six jurisdictions as we speak, will have to file 500 reports annually, and in such detail that some of the reports will be the size of a city phone book. To what end?

If the Construction Labour Relations association of Alberta or the Industrial Contractors Association of Canada are held to be a labour trust and have to make the reports and returns required by Bill C-377, then both our confidentiality and our bargaining strategies are laid open.

This cannot be good for labour relations or good for either party in the labour relations continuum. I've been a labour relations practitioner in Canada for nearly 40 years. During that time there have never been any issues arising in respect of this subject. If this hasn't been an issue in the past, what is going to be gained by such significant public disclosure? That public disclosure will impact thousands of unionized contractors across Canada represented by NCLRA-affiliated organizations.

The view of the contractors is that this is just another competition strategy launched by our most vociferous competition, which hopes to use the power of the Government of Canada so they can come up with unique ways to undercut our bids.

We are also responsible for the privacy of our employees, and the legislation compels us to decide which law we breach: the Income Tax Act or the various provincial and federal privacy laws.

In closing, it might be different if there were some wrong or right in this area, but there simply isn't. The unionized contractors in Canada see no obvious value in any part of Bill C-377, and therefore support the repeal of that legislation under the bill being considered today, Bill C-4.

Thank you.

The Chair Liberal Bryan May

Good afternoon, everybody. The committee will come to order.

I have the pleasure of introducing a number of guests here today. From the Industrial Contractors Association of Canada, we have Tony Fanelli, vice-president and manager of labour relations. From Federally Regulated Employers - Transportation and Communications, otherwise known as FETCO, Derrick Hynes, the executive director, is here today. Thank you both for attending today.

From the Canadian Federation of Independent Business we have Daniel Kelly, president and chief executive officer. Thank you, sir, for again appearing. You're our first repeat customer in this Parliament. We didn't scare you too much the last time apparently, or you're a glutton for punishment; we're not sure which. No, I'm just teasing.

Welcome, MP Benson. Thank you for joining us today. I'll acknowledge John when he arrives as well.

We're going to get right into questions. We are back on Bill C-4. Let me ask the witnesses to introduce themselves and give a brief opening. We'll start with Tony Fanelli, please.

Canada Labour CodePrivate Members' Business

April 12th, 2016 / 6:35 p.m.


See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we need to recognize that there are competing interests and that those competing interests are best dealt with in a tripartite fashion. It is not just the Liberals who are saying this. As has been quoted, union leaders and other stakeholders have said that we should not bring one-off, piecemeal legislation to try to change the Canada Labour Code. We believe that to be the case. If there are mechanisms through which we can move forward, then we are open to that.

If we look at Bill C-4, we see it is important to this Liberal government. It was one of the first pieces of legislation we introduced shortly after our tax break to the middle class, if I can give that an extra plug. That was our first piece and our first priority. We saw how important labour and unions are to our great nation and introduced Bill C-4 to rectify a wrong.

I passionately believe in the importance of our union movement through which great strides have been made not only in terms of better working conditions, better hours, and better rates of pay and benefits but also with respect to the many different social causes they have played a critical role in developing.

My door is always open, as are the doors of my colleagues. We are more than willing to meet with and do what we can to protect our workers. Over the years, I have had the opportunity to work with many individual members of the union movement. I have also worked with private business. I have had the opportunity to walk on picket lines in support of many workers who were constituents of mine and had to go on those picket lines.

I understand the importance of negotiations. People do not want a strike, whether they be employees or employers, because I would argue that we all lose. However, at times it is necessary. Until we can come up with a better way to deal with these issues, such as through a tripartite mechanism, we must continue to rely on the system that has done us so well over the years. Unlike the Conservatives or the NDP, if we take the politics out of the picture, I think we would have more harmony between labour and management, and that is good for Canada.

Canada Labour CodePrivate Members' Business

April 12th, 2016 / 6:30 p.m.


See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is with pleasure that I rise today to address this piece of legislation.

I am taking a different approach to this in the sense that I used to be the labour critic in the Province of Manitoba. I was first elected to the Manitoba legislature in 1988. At the time, controversial legislation called “final offer selection” was being proposed. Hansard will demonstrate that even back then I was afforded the opportunity to give my thoughts and views on labour legislation. I found out early in the game how important it was for government not to use political IOUs in order to please one group over another.

The Liberal government introduced Bill C-4 because we passionately believe that the previous Conservative government used the back door through private members' legislation, Bill C-377 and Bill C-525. Many interest groups and stakeholders from both sides acknowledged that. Our government, through Bill C-4, is rectifying a wrong made by the previous Conservative government.

The Parliamentary Secretary to the Minister of Employment, Workforce Development and Labour commented on the New Democratic Party using a private member's bill. I understand and appreciate the arguments put forward by the previous speaker, but I am suspicious of New Democrats when it comes to labour legislation. Like all Liberal members, I believe in the important role that unions play and we do what we can to support our union brothers and sisters as much as possible, but we believe in fair play.

Let me go back to the provincial election in 1988. It is important that we recognize that industries regulated for labour are primarily at the provincial level and the federal level deals with regulations. Howard Pawley hoped to become the premier of Manitoba at that time. He sat down with a number of union representatives and said that, if the NDP formed government, it would bring in anti-scab legislation. He and the NDP made that commitment. The NDP became government, but it did not bring in anti-scab legislation because the then NDP premier argued that it would not be fair after all. Instead, the government brought in final offer selection legislation in its place. That is when I was elected, in that 1988 provincial election, and when the Conservatives took office they repealed the legislation. We sat until two o'clock in the morning in committee debating this. Many union and non-union members made presentations about the benefits of final offer selection. We often heard about the NDP compromising itself by promising to bring in anti-scab legislation but not doing that and instead coming in with final offer selection. Final offer selection was disposed of because the numbers were not there for the Liberals and the NDP back then.

In 1999 the NDP regained power. One would have thought it would have brought back final offer selection or anti-scab legislation, but it did neither.

The reason I say this is that I believe we have to be more honest with our union brothers and sisters. We have to look at what is in the best interests of Canada as a whole and look at the worker and how we can enhance our workforce. We need to not only look at how we can protect workers but look at the different sides sitting at the table. That is what is being proposed by the Government of Canada today. The NDP and Conservatives have used labour relations as a wedge issue time and time again at the cost of union workers. I have witnessed it.

I did not tell the House about an amendment that was put forward by the Liberal Party in 1990, which would have improved final offer selection, but back then New Democrats voted with the Conservatives to get rid of it.

I am familiar with the games that are played between the Conservatives and the NDP with respect to labour. We in the Liberal Party are saying enough is enough. We need to do what is in the best interests of the worker and the—

Canada Labour CodePrivate Members' Business

April 12th, 2016 / 6:20 p.m.


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NDP

Erin Weir NDP Regina—Lewvan, SK

Mr. Speaker, it is a great honour to rise as a seconder of this private member's bill, Bill C-234.

In the debate about a previous government bill, Bill C-4, government members often spoke about restoring balance to Canadian workplaces. We in the NDP were happy to support that legislation, because Bill C-4 did restore balance to certification and decertification. However, we need to be concerned not only about the right to join a union, but also about the right to bargain collectively.

An essential component of balance in collective bargaining is that in the rarer cases where this process breaks down, both sides bear a cost. Employers do without labour while employees must do without their wages. That puts pressure on both sides to keep negotiating to try to find a solution.

The use of replacement workers, or scabs, destroys that balance by allowing the employer to continue functioning as though there is no labour dispute. We have had far too many cases in Canada of employers demanding severe concessions, locking out workers or provoking a strike and then using scabs rather than negotiating in good faith. One problem with replacement workers is that they can be used to prolong labour disputes.

Another problem with replacement workers is that they increase the likelihood of violence. The process of moving scabs across a picket line into the workplace inevitably puts the employer's security forces in confrontation with the picketers. That is a recipe for bad things. However, even where replacement workers are not actually used, the implicit threat of scabs gives management an unfair advantage in bargaining.

There is a very simple solution to all of these problems: to prohibit replacement workers during legal strikes and lockouts. This is not a new or theoretical solution. Two provinces already have anti-scab legislation and the longevity of anti-scab legislation in those jurisdictions is a testament to its success and to its workability. Quebec has had anti-scab legislation for nearly 40 years. British Columbia has had anti-scab legislation for nearly a quarter century. In both of these provinces, anti-scab legislation was introduced by social democratic governments, but importantly, it has been continued by subsequent right-wing governments. At the provincial level, parties of both the left and the right have accepted anti-scab legislation.

What about at the federal level? What did we hear from the Liberal Party? The member for Cape Breton—Canso tried to tell us that the existing provisions in the Canada Labour Code, which do not actually prohibit replacement workers, constituted some kind of appropriate balance. However, I have already explained why the real balance involves pressure on both sides during a strike or lockout. The real way to achieve balance is not to have replacement workers in the equation at all.

The sense in which the member for Cape Breton—Canso considers this a balance is that we have two sides, unions and employers. Unions obviously would like to have anti-scab legislation and employers would not want to have it. He does not think we can make a change without consensus.

That is kind of a disingenuous argument, because the current situation confers a huge advantage to employers, so of course employers will never voluntarily agree to give that up. It is for parliamentarians to make a balanced assessment, and that is exactly what this private member's bill proposes.

We have also heard the argument from the member for Cape Breton—Canso that this is the wrong process, that we do not want to look at one little element of the Canada Labour Code, that we need to do a big tripartite review of the whole thing. Well I say, bring it on. There has not been a review of the Canada Labour Code since 2006.

The member for Cape Breton—Canso kept saying that we could not do this without a big review of the Canada Labour Code. Let us have that review of the Canada Labour Code. I think that would be very much welcomed on this side of the House. That is not really a good argument not to adopt this legislation. Let us go ahead with the review.

I think the main argument, though, from the member for Cape Breton—Canso is this notion that it is somehow inappropriate to put forward this proposal as a private member's bill. Leave it to the Liberal Party to turn a question of principle into a question of process.

The grain of truth in this argument is the idea that the previous Conservative government did abuse private members' bills to make changes to labour legislation without the same sort of scrutiny that would have been applied to government legislation. That is a criticism that one can make of a government; and if the present government wanted to put forward legislation to implement a ban on replacement workers, obviously, we in the NDP would support that legislation. The reason we are putting it forward as a private member's bill is that the Liberal government has not put it forward on the order paper. It missed the opportunity to do so in Bill C-4. The only way we have to put forward legislation is through private members' bills.

We heard the statement from the member for Cape Breton—Canso that this is introducing a change by the back door. It is not the back door. It is the only door to which the NDP has access. Therefore, yes, from a process point of view, one could criticize a government for sneaking things through with a private member's bill. One cannot criticize the third party for introducing legislation through a private member's bill, because that is the only way it can happen.

What did we hear from the Conservative Party in this debate?

The member for Louis-Saint-Laurent, first, suggested that anti-scab legislation was inappropriate in the federal sector because the federal sector includes these strategic industries, these kinds of essential services.

The way to protect essential services is not to allow replacement workers. If there are specialized people off the job in telecommunications and that is causing a national emergency, the solution is not to bring in scabs. The solution is, hopefully, to negotiate some sort of essential service protocol with the union. If that is not possible, there is the possibility of back-to-work legislation under the Canada Labour Code.

The member for Louis-Saint-Laurent said, well, we don't want to spend all our time in Parliament passing back-to-work legislation, which is kind of a funny statement because the Conservatives were content to spend all kinds of time doing that in the last Parliament when they were in power. Every major strike or lockout in the federal sector during the previous Conservative government attracted back-to-work legislation from that party. Therefore, I do believe that comment is a little out of context.

One of the concerns that the member for Louis-Saint-Laurent raised was that anti-scab legislation could force employers to settle labour disputes quickly.

I would suggest that is a feature, not a bug, of this private member's bill, that we actually want to bring these disputes to a quick resolution. One of the problems with replacement workers is that they drag things out, and one of the benefits of this legislation is that it would speed things up.

We also heard an argument from the member for Louis-Saint-Laurent that there were more labour disputes in Quebec versus Ontario and that this is all the fault of anti-scab legislation.

I would suggest there is a whole bunch of other differences between Quebec and Ontario, including the higher rate of unionization in Quebec. I think the better comparison is what happened within Quebec when anti-scab legislation was passed, because actually it was passed in response to an extremely high level of very disruptive labour disputes in that province, and the introduction of anti-scab legislation led to a great reduction in the number of strikes and the amount of picket-line violence in Quebec. Therefore, I actually see this as a good model for the federal sector.

In conclusion, I urge members to support this private member's bill, which they are free to do because it is a private member's bill. They do not have to vote on party lines. This legislation would strengthen the right to strike while, at the same time, producing fewer, shorter, and less violent labour disputes.

Erin O'Toole Conservative Durham, ON

Thank you very much, Mr. Chair.

Thank you, ministers, and your departmental officials for appearing here today, and particularly Minister Goodale for your reflections on Constable Beckett. I know that the thoughts of everyone in Parliament and in Canada are with her husband and children and their colleagues.

As you are right to say on Bill C-7, we certainly followed the Mounted Police Association case to the Supreme Court, and it's our intention to try to work with the government on Bill C-7. You'll note that we've said two things that we want to see, as critical to this bill and the discussion around it.

One is the right for front-line members of the RCMP to vote by secret ballot on their own union, which your officials have said to us in briefings is the normal course for public sector unionization. We expect to see that, despite Bill C-4.

The other critical piece, and I mentioned this in my speech in the House, is the wellness of RCMP members, particularly with respect to mental health and balancing off their needs. As you know, I was veterans minister for a time. Veterans Affairs Canada administered benefits for RCMP veterans post-release.

I think now is an appropriate time for us to have a complete discussion whenever benefit regimes are being changed, because we learned that in the move to the new Veterans Charter—and both the Liberals and the Conservative governments more or less owned that change—there wasn't enough discussion and understanding of the changes, and that led to a lot of stress.

My two questions will focus specifically on clauses 40 and 42 and some changes. Bill C-7 is now including the RCMP in the Government Employees Compensation Act rather than in the old occupational health regime of the RCMP.

Minister Goodale, you said that this is because it's lacking features such as appeal mechanisms and structural things like that. But for a federal police force, it looks as though this is the outsourcing of a single federal force to ten different provincial standards across the country, through workers' compensation.

Can you explain to us how that will ensure a high standard for members of our federal police force?

April 12th, 2016 / 12:15 p.m.


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Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

Thank you, Mr. Chair, thank you to all members of the committee, and thank you, Minister Goodale.

I'm pleased to be here with you today and to have the opportunity to discuss with you Bill C-7, which would amend, of course, the Public Service Labour Relations Act to provide for a labour relations regime for members of the RCMP and reservists.

It is an important piece of legislation designed to uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in collective bargaining.

I am delighted, as always, to be joined by my colleague Ralph Goodale, Minister of Public Safety, and his officials. Joining me at the table from Treasury Board Secretariat is Manon Brassard, assistant deputy minister, compensation and labour relations, and Dennis Duggan from labour relations.

After my remarks, Minister Goodale and I look forward to your questions and a productive discussion on this bill.

As you know, we inherited a situation from the previous government that required us to move quickly to address the Supreme Court's decision, which was made public on January 16, 2015. In that decision, the court said that the current labour relations regime for the RCMP was unconstitutional because it interfered with RCMP members' freedom of association.

There are two key elements of the existing regime governing RCMP relations. First, RCMP members are currently excluded from the application of the Public Service Labour Relations Act. The result of this exclusion is that they are not allowed to bargain collectively and have no recourse to arbitration as part of that.

Second, the existing regime imposes on members a specific form of employee representation called the staff relations representative program. The aim of the program is that at each level of hierarchy, representatives and management consult on human resources initiatives and policies, with the understanding that the final word always rests with management. This program currently is the only form of employee representation recognized by the RCMP management.

Bill C-7 would respond directly to the Supreme Court decision by rectifying the elements of the RCMP labour regime that the court found unconstitutional. The bill would remove the exclusion of RCMP members from the definition of employee in the Public Service Labour Relations Act.

RCMP members and reservists would have the freedom to choose whether they wish to be represented by an employee organization and, if so, which organization. And this organization must be independent of the influence of RCMP management.

As a result of this bill, the constitutional freedom of RCMP members and reservists to engage in meaningful collective bargaining would be enshrined in a labour relations statute.

Under the previous government, there were consultations with RCMP regular members in the summer of 2015—in fact, much of that consultation would have been during the election, too—and an online survey and town hall sessions, so that their views could be incorporated and taken into account in developing this bill. More than 9,000 regular members completed the survey, and more than 650 people participated in the town hall sessions.

Most regular members who participated in the online consultations said they supported the idea of a unionized RCMP. They also showed a strong preference for a labour relations regime that would use binding arbitration without the right to strike as the mechanism for resolving impasses in bargaining. In addition to that, regular members showed clear support for the option of representation by a single national employee organization whose primary mandate would be the representation of RCMP members.

The bill reflects these preferences. First, it requires that there would be a single national bargaining unit composed solely of RCMP members and reservists. Second, it requires that the bargaining agent have as its primary mandate the representation of RCMP officers. The bill also establishes independent binding arbitration as the dispute resolution process for bargaining impasses, with no right to strike.

I'd like to take this opportunity to review a few other key features of the bill.

Similar to existing provisions in the Public Service Labour Relations Act, the bill proposes to exclude from representation RCMP officers from inspector to commissioner level, as well as other managerial and confidential positions. The Public Service Labour Relations and Employment Board will be designated as the administrative tribunal for matters related to RCMP member and reservist collective bargaining, as well as for grievances related to a collective agreement. In making recommendations for employment to that board, the chairperson must take into account the need to have at least two members with knowledge of police organizations.

Mr. Chair, during the second reading a number of members spoke about the methods by which unions can be certified and about whether to allow for a choice between a vote and a card check, for example. The bill we're studying today is entirely and intentionally silent on this issue. That's because we want to ensure a consistent approach for all employee associations. The government has introduced a separate piece of legislation, Bill C-4, to address this issue and restore a fair and balanced federal labour policy. It is being considered by the committee known as HUMA. It's our belief that discussions on union certification methods are better suited to and within the scope of the consideration of Bill C-4.

Mr. Chair, we believe this is a historic opportunity to give RCMP members and reservists their independence and freedom of choice in labour relations matters, while recognizing the unique operational reality of policing.

We value your committee's role in the legislative process. We believe that the role of Parliament and parliamentary committees is vitally important, and we're looking forward to the discussion and to your considered examination of this important piece of legislation.

Thank you.

April 11th, 2016 / 3:45 p.m.


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Kildonan—St. Paul Manitoba

Liberal

MaryAnn Mihychuk LiberalMinister of Employment

Thank you, Mr. Chair.

It's a pleasure to be here once again to discuss my goals as set out in the mandate letter given to me by the Prime Minister and to discuss the main estimates. As members of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, you provide an extremely important venue to complete our work and to provide value to the parliamentary process.

Before I begin, I'd like to acknowledge that we're here on the traditional territory of the Algonquin people.

First, I'd like to tell you about my areas of responsibility. As you know, I'm the Minister of Employment, Workforce Development and Labour. Under my purview, the Department of Employment and Social Development manages a large number of important programs for all Canadians across the country. These include support for federally regulated workers, support during these challenging times for people who have unfortunately lost their jobs, and support for education and training to get Canadians back to work.

I will begin by discussing our plans and objectives for the employment insurance program, given that the global drop in commodity prices has resulted in job losses in our country, especially in Alberta, Saskatchewan, and Newfoundland and Labrador, thereby increasing the number of workers who are seeking employment insurance.

The government believes it's absolutely critical that we have an EI system that can adapt to our changing labour market across the nation to make sure that Canadians get the help they need when they need it. To that end, our recent budget unveiled a series of new national measures. Let me repeat that: national measures, all across the country, for all people from coast to coast to coast.

Currently, many new workers find it difficult to access EI support when they lose their jobs because of higher EI requirements that restrict access for new entrants and re-entrants—who are known as “NERE”—to the labour market. Budget 2016 proposes to eliminate these provisions, these NERE restrictions, which impact so many young and new Canadians, so that they will meet the same requirements as other claimants in their regions. This improvement will mean that roughly 50,000 additional claimants will become eligible for EI benefits.

Effective January 1, 2017, we are also going to reduce the EI waiting period—or the deductible—from two weeks to one week, at the time when those who are unemployed often need it most. This will ease some of the pressures on individuals at the front end of their claim when they become unemployed or leave work temporarily due to health or family pressures.

We are extending and expanding the “working while on claim” project. This helps individuals by allowing them to earn some extra income without losing their benefits so that they always benefit from accepting work.

I am pleased to say that on a national basis we are extending the duration of EI work-sharing agreements from a maximum of 38 weeks to 76 weeks.

We will also be investing $92 million to hire more EI call centre agents to shorten wait times, shorten claim processing, and expand better service to every Canadian.

Finally, we are going to reverse some of the negative changes made in 2012 by the previous Conservative government. These measures pressured unemployed workers to accept work at lower rates of pay while having to commute for longer times, away from their communities and families.

Mr. Chair, let me turn for a few moments to the many unemployed Canadians who need help right now, particularly those who live in parts of the country hardest hit by the plunge in commodity prices.

As you know, we have economic regions that have begun experiencing a sudden, sharp, and sustained increase in unemployment. To cushion the shock, we're introducing some targeted changes such as extending EI regular benefits by five weeks, up to a maximum of 50 weeks. We are also proposing an additional 20 weeks of EI regular benefits for long-tenured workers in these regions to a maximum of 70 weeks.

While providing this temporary help, we are also helping to build a workforce that can shift towards a high-skilled jobs environment and create the workforce we need. We will enhance training employment supports by investing a total of $175 million in 2016-17 in the labour market development agreements with the provinces and territories. We will also create a framework to strengthen the role of union-based apprenticeship training with an investment of $85.4 million over five years.

These investments will ensure that Canadians get the skills to pursue opportunities for a better future.

Canada's youth minister, our Prime Minister, has given me the opportunity in my mandate to improve the future of Canada's young people, through education and job creation. I'm happy to say that our government is already creating more jobs for students. We recently increased the annual budget for the Canada summer jobs program by $113 million a year for each of the next three years, for a total of $339 million, which will double the number of jobs created to nearly 70,000. We are investing another $165 million this year for the youth employment strategy.

As our population ages, our country's prosperity will depend on young Canadians getting the education they need to prepare for jobs of today and tomorrow. To incentivize students to work while they study, we'll introduce a flat-rate student contribution to determine eligibility for loans that will allow students to work without worrying about jeopardizing their grant or loan. The rising costs have made getting a post-secondary education more of a burden to families.

To help change that, we will expand Canada summer grants. Low-income students, middle-income students, and part-time students will see grants increase by 50%. This measure will provide assistance of $1.5 billion over the next five years. After consultations with provinces and territories, we plan to expand eligibility for Canada student grants, so that even more students can receive non-repayable assistance.

We also want to ensure that students leaving post-secondary education will have a bit more flexibility on when they have to pay back those worrisome loans. To this end, we will be easing the rules on Canada student loan repayment by ensuring that no borrower will be required to make any repayment until they are earning at least $25,000 per year.

In my province, and in my hometown of Winnipeg, an effort to support skills and employment training for indigenous peoples is key. The budget proposes a new investment to train Métis, first nation, and Inuit peoples for jobs supporting their communities, including housing construction, water treatment, and local administration. Over the next year, the government will consult with stakeholders, including indigenous organizations and employers, to work towards renewing and expanding the aboriginal skills employment training strategy.

Finally, I'd like to turn to my responsibilities and mandate as Canada's labour minister. Our recently tabled Bill C-4 proposes to repeal two mean-spirited, unfair bills passed by the former Conservative government. Bill C-377 and Bill C-525 forced labour organizations to provide very detailed, wasteful, and unnecessary financial information to the Canada Revenue Agency and made it harder for unions to be certified as collective bargaining agents in the federal jurisdiction.

When it comes to a modern workplace, more and more Canadians are struggling to balance work and their personal and family responsibilities outside of work. This is why we committed to amending the Canada Labour Code to allow federally regulated workers to formally request flexible work arrangements, or flex leave.

Budget 2016 reiterates our commitment to explore ways to ensure that hard-working middle class Canadians are better able to manage their work and personal lives.

With that, Mr. Chair, I conclude my preliminary remarks.

Public Service Labour Relations ActGovernment Orders

March 24th, 2016 / 1:10 p.m.


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Vancouver Quadra B.C.

Liberal

Joyce Murray LiberalParliamentary Secretary to the President of the Treasury Board

Mr. Speaker, I was very disappointed to hear that the member for Cariboo—Prince George has already made up his mind that he will not support Bill C-7, when it has not even been at committee to be reviewed.

That is very surprising, considering his very eloquent remarks on the rich tapestry and history of the RCMP and his deep regard for the force. Our government is respecting the Supreme Court ruling that respects the right to be represented in bargaining by members and reservists of the RCMP. That is exactly what this bill is all about.

The member's concerns are actually about another bill, Bill C-4, which rolls back changes that were made without any consultation in Bill C-525, which force a one-size-fits-all bargaining system on the Public Service Labour Relations Board.

Why would the member want to have that when he wants a vote free of reprisal? That is exactly the purpose of the board. They have the tools to ensure that. They have options for how to implement a vote. They have laws that support freedom from any intimidation. They have penalties and orders they can impose. They review a vote, whether it is done by card check or mandatory vote or secret ballot.

Why would the member want a one-size-fits-all approach, prejudge this very important legislation, and be prepared to vote against legislation that is all about respecting the members of the RCMP?

Public Service Labour Relations ActGovernment Orders

March 24th, 2016 / 12:30 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Mr. Speaker, it truly is an honour to follow my respected colleague from Yellowhead. I thank him for sharing his time with me. I have a lot of respect for his 35 years of service with the RCMP, protecting the communities of Canada. We are truly blessed to have him as a member of our caucus.

I want to talk a bit about some of the history. I am very blessed to have a deep RCMP and North West Mounted Police history in my riding. Fort Macleod was founded in 1874. It is now a world-renowned museum of the North West Mounted Police in western Canada. Downtown Fort Macleod is now a provincial historic site, as well as the museum.

There is also the Alberta Provincial Police Building in Crowsnest Pass, which was founded in 1918. I am proud to say that the Conservative government last year contributed $100,000 to the refurbishing of that police building to protect its history. I am sure many people in the House would like to know that Corporal Stephen Lawson was killed in front of that building in the early 1900s. One of the accomplices in the shooting was Florence Lassandro. She was convicted of that murder and was the first and only woman ever hanged in Alberta's history. That is a bit of Alberta's history.

Today I want to speak to Bill C-7 and say how disappointed I am. On this side of the House, I think many of us are. We continue to have to challenge the Liberal government on the importance of accountability and transparency when it comes to unions, and specifically the importance of a secret ballot.

Members of the RCMP are out there each and every day protecting our rights, freedoms, and democracy. Why we would miss this opportunity to stand shoulder to shoulder with them and protect their democratic rights when we have the chance to do so? It is disappointing that we are missing this opportunity by putting forward Bill C-7, which does not include the right to a secret ballot. I ask the Liberal government to send the bill back in order to add the provision of a secret ballot for RCMP members when they are faced with the question of certifying or not certifying as a union. Simply put, that is the right thing to do.

Members of the RCMP have the democratic right to a free and fair secret ballot vote when certifying or decertifying as a union. Every one of us in the House was elected by way of secret ballot. Every member of a provincial or municipal government was elected by way of secret ballot. It only makes sense that we would be sharing that democratic right, not a privilege but a democratic right, to a secret ballot at all levels, including unions.

A secret ballot is the cornerstone of our democracy and at the heart of Canadian values. However, the Liberals have shown again, with the combination of Bill C-7 and Bill C-4, that they see the right of secret ballot as being somehow obsolete. In many cases, they do not feel it is democratic at all, which I find to be extremely disappointing and concerning.

This is about balance and creating a fair environment in which workers are the ones making the choice they feel is best suited to their needs. The Supreme Court decision speaks to allowing the RCMP the right to associate for the purpose of collective bargaining. I think all of us in the House agree and support that decision. However, we also believe this is an opportunity to vote by way of a secret ballot, and it should be a privilege and democratic right that the RCMP have this opportunity.

Our specific intent has always been to preserve the democratic rights of Canadian workers through increasing public confidence in unions, but to have that confidence, unions must operate in a transparent and accountable way without any chance of undue influence or coercion. Our democratic system was designed with a secret ballot as its keystone, specifically to maintain the integrity of the vote and to allow citizens to cast their ballot in privacy.

The jobs minister has made it very clear that she does not believe in the integrity of a secret ballot. In fact, she has said that the card-check system is a much more democratic way to certify or decertify a union. Recently in committee meetings, she was asked why she would repeal Bill C-525, which gave employees the democratic right to a secret ballot to decertify or certify a union. I will read this quote, because her answer was very clear on where she and the Liberal Government stood in terms of democracy. She said:

The card-check system is a perfectly democratic way of gauging support as it ensures that an absolute majority of employees support the union, not just those who come out and vote.

Our jobs minister is saying in committee that a card check system is a much more democratic way to decide if a majority of people support whatever that issue is, over a secret ballot; that somehow when people actually show up to vote for something, they are not legitimate.

I went around door-knocking in my riding, as I know most of the members of this House did as well in their ridings as we went through the election period. If I went up to ask those people for their vote right then, and I wanted them to sign a piece of paper that would tell me that they voted for me while I was standing there, how often do you feel that person would be telling the truth?

Public Service Labour Relations ActGovernment Orders

March 22nd, 2016 / 3:35 p.m.


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Liberal

Peter Fragiskatos Liberal London North Centre, ON

Madam Speaker, I am thankful for the opportunity to rise today in the House in support of Bill C-7. In my riding of London North Centre we have the Royal Canadian Mounted Police Ontario headquarters, as well as the RCMP London, Ontario, detachment. Combined, these two offices have approximately 165 regular members. Many of these individuals are my constituents, I am proud to say.

I am also very proud of the work these men and women do in keeping Canadians safe every single day. With that in mind, it is an honour to be part of this debate and take a stand on behalf of these men and women, the members and reservists of the RCMP.

The bill before us today would uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in meaningful collective bargaining. I emphasize that point. Collective bargaining is a right that other police officers in Canada have enjoyed for many years, but it is a right that has been denied to the members and reservists of the RCMP, individuals who over the last 143 years have contributed so much to our proud, strong, and free nation. This bill would rectify that issue.

This bill is a clear and reasoned response to the Supreme Court ruling of January 16, 2015. The court affirmed in that decision that subsection 2(d) of the Charter of Rights and Freedoms, “protects a meaningful process of collective bargaining that provides employees with a degree of choice and independence sufficient to enable them to determine and pursue their collective interests”. The court also determined that, “the current labour relations regime denies RCMP members that choice, and imposes on them a scheme that does not permit them to identify and advance their workplace concerns free from management’s influence”.

It is, therefore, my pleasure to support this bill today, a bill that would provide RCMP members and reservists with freedom of choice and independence from management while still recognizing their unique operational reality. The bill in question is a product of careful consideration of the result of consultations with key stakeholders, the first with regular members of the RCMP and the second with provinces, territories, and municipalities that have policing agreements with the RCMP.

Bill C-7 has a number of important features, and I will now go over those briefly.

It would provide for independent binding arbitration as the dispute resolution process for bargaining impasses. Consistent with other police forces across this country, the members of the RCMP bargaining unit would not be permitted to strike. This was the strong preference of those who participated in the online consultation.

The bill would also provide for a single national bargaining unit composed solely of RCMP members appointed to a rank and reservists; and the RCMP bargaining agent, should one be certified, would have as its primary mandate the representation of RCMP members. Again, regular members showed clear support for these provisions. The bill would also exclude officers appointed to the ranks of inspector and above from representation. Finally, the Public Service Labour Relations and Employment Board would be the administrative tribunal for collective bargaining matters related to the RCMP bargaining units, as well as grievances related to a collective agreement.

The bill before us today is consistent with our government's efforts to restore fair and balanced labour laws in this country. Take, for instance, Bill C-5, which would repeal division 20 of Bill C-59, the 2015 budget implementation bill, tabled last April by the previous government. It gave the government the authority to unilaterally override the collective bargaining process and impose a new sick leave system onto the public service.

The Public Service Labour Relations Act was originally passed in 1967 to give public servants the right to unionize and bargain collectively. It is fundamental to ensuring collaborative efforts between the parties and to improving the ability of the public service to serve and protect the public interest.

I have many public service employees in my riding of London North Centre. In fact, I had the privilege of meeting with some of their leadership last week and they made their voices heard.

The actions of the previous government, to unilaterally impose a new sick leave system while ignoring the collective bargaining process, were unfortunate and disrespectful. Our government made it clear that we would not be party to an approach that disregards the process of negotiation between an employer and a group of employees aimed at reaching agreements on the terms and conditions of employment. By repealing those provisions in Bill C-59, we are demonstrating our respect for the collective bargaining process.

We believe in collective bargaining, and the bill before us today honours our belief in this right. We also believe in fair and balanced labour relations, yet over the last few years, many fundamental labour rights have been rolled back. We can just look at Bill C-377 and Bill C-525, which would both have changed how unions could be certified and decertified, and would place new financial reporting requirements on them.

These bills were passed without the traditional employer, union, and government consultation process used for labour relations law reform. The result has been that it is now more difficult for unions and the employer to bargain collectively in good faith. We need, instead, to ensure that workers can organize freely, bargain collectively in good faith, and work in safe environments. To that end, the Minister of Employment, Workforce Development and Labour has also introduced legislation to repeal Bill C-377 and Bill C-525.

Bill C-4 would restore the procedures for the certification and the revocation of certification of bargaining agents that existed prior to June 16, 2015. This bill would also amend the Income Tax Act to remove the unnecessary requirements on labour organizations and labour trusts for the public reporting of financial information.

As hon. members are well aware, legislation is already in place to ensure that unions make such financial information available. Section 110 of the Canada Labour Code, for instance, requires unions to provide financial statements to their members upon request and free of charge, rendering these additional reporting requirements unnecessary. The bill before us today is very much in keeping with our belief in fair and balanced labour relations.

Engaging in collective bargaining is a right long exercised by all other police forces in Canada. The bill would respect that right while recognizing the particular circumstances of the RCMP as a national police force. It is time for us to give RCMP members and reservists the respect they are due.

I again would like to thank those members and reservists of the RCMP for their dedicated service to our country. I am proud to have such a strong RCMP presence in my riding of London North Centre, and I commend RCMP members for going to work each and every day with the safety of all Canadians and all Londoners at the forefront of their minds.

To that end, I ask all members to show their support for members and reservists of the RCMP by voting in favour of this bill.

Public Service Labour Relations ActGovernment Orders

March 22nd, 2016 / 3:30 p.m.


See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, let us recognize why we have Bill C-7 here today. The Supreme Court of Canada made a decision, which in essence said that the RCMP, an institution we all hold very dear to our hearts, needed to be afforded the opportunity for a free collective bargaining process. As a result, we have legislation now that has been introduced by the Government of Canada in recognition of how important it is that we bring it about in a timely fashion.

I understand the passion with which the member talks with regard to Bill C-7, with respect to the secret ballots. I heard many of the very same arguments with regard to Bill C-4.

I would suggest to the member that he allow these pieces of legislation to go to committee—as Bill C-4 has done and, hopefully, Bill C-7 will to too, in a timely fashion—recognizing what we really want to do is to set the framework, something that RCMP officers from coast to coast to coast have been asking for: that is, the ability to have negotiations, free negotiations, which is something in which the Supreme Court has concurred.

I wonder if he could say something positive about the legislation, in terms of answering the call of the RCMP officers in responding to the Supreme Court of Canada.

Public Service Labour Relations ActGovernment Orders

March 22nd, 2016 / 3:10 p.m.


See context

Conservative

Tom Lukiwski Conservative Moose Jaw—Lake Centre—Lanigan, SK

Mr. Speaker, I appreciate your assistance in trying to get the chamber a bit more organized and a little more quiet. It is surprising, because normally when I stand to speak, members opposite hang on every word. Therefore, it was a little disturbing to find out here were actually people in here who did not want to hear what I had to say.

When I concluded my remarks prior to question period, I was in the midst of telling all members about my history both with the RCMP and the union movement in Canada.

In particular, with the union movement, I mentioned that my father had been a senior member of the United Steelworkers of America. In fact, he was the western Canadian head of the United Steelworkers of America. He trained Ken Neumann, who is now the national director of the United Steelworkers of America. Therefore, I have an intimate knowledge of the union movement.

I recall my father taking me on many occasions to union meetings when I was extremely young. I was never quite sure why he did that. It was either (a) an obligation to his babysitting commitment to my mother, or (b) he was trying to groom me to become a labour representative or a union representative such as himself. I suppose, in retrospect, if it was (a), he succeeded admirably and if it was (b), he failed miserably. Nonetheless, I was able to observe many things from these meetings, these union gatherings that I went to.

One of the things that struck me then, and it certainly continues to strike me now, was the fact that in the vast majority of cases whenever there was a vote to be cast at a union meeting, whether it would be a local union or a larger gathering of several locals, the votes were always public. I could not understand that because it was obviously something I believed, even at a young age, should be done in private.

However, I also saw the opposite side of the coin. Back in the early 1960s, when my father tried to organize a potash mine in Esterhazy, Saskatchewan, he would go down there with sign-up cards and get a number of the workers in the potash mine to sign those cards indicating their preference to unionize. Then mysteriously many times those same members who signed the cards would no longer be employees of the potash mine. That was pure and simple intimidation.

I have seen intimidation on both sides of the ledger. I have seen union members try to intimidate or at least pressure some of their fellow co-workers into voting in a particular manner. I also know from first-hand experience that there has been pressure or intimidation from the management side to try to influence the vote of certain workers. Quite frankly, that is unacceptable. I think most Canadians would feel that it is as an affront to natural law, justice and absolute fairness in our country.

The way to get over that is to have secret ballots. If union members were able to vote freely according to their own beliefs in a secret ballot environment, intimidation would not play a part in this whole process. Management would be unable to successfully intimidate employees and union members would not be successful in their attempts to pressure or intimidate their co-workers. A secret ballot provides the assurance that each and every union member would be able to vote according to his or her conscience and beliefs.

For example, I have seen strike votes where unions get together in a public environment and have to vote in favour or against a strike by a show of hands. I have experienced first-hand some very serious pressure and intimidation. If union leadership wanted a strike to occur, many members who may not want to go on strike because they could not afford to take a reduced salary or no salary at all because they had mouths to feed at home were pressured into voting in favour of their union boss' belief that a strike was necessary. That is just as unacceptable as it would be if a management member tried to intimidate a union member or a non-union member into voting against certification.

Secret ballots are the absolute solution and remedy to intimidation factors and tactics, yet the government feels otherwise. For some reason, it feels that Bill C-525, which allowed for secret balloting in either union certification or decertification, should be eliminated, and that changes to the Canada Labour Code should be enacted to go back to the old system. I just cannot agree with that.

Although I believe that Bill C-7 is on balance a worthwhile piece of legislation containing many provisions that I agree with, the single provision that does not allow for secret balloting on union certification or decertification makes it impossible for me to support this particular piece of legislation.

One could present an argument that the system that had been in place for many years, whereby petitions could be circulated and cards could be signed, was appropriate, but that certainly has not proven to be the case in the majority of provinces across Canada. In fact, in the majority of provinces in Canada, provincial legislation deems that secret balloting must take place in determining either certification or decertification of a union, and it has worked well.

I could also share from personal experience conversations I have had with many rank-and-file union members, who have expressed the same concern that I am expressing here. That is the concern that their right to vote freely has been impugned because of the public nature of voting within many unions.

Let me simply say that while Bill C-7 contains many solid provisions that support the RCMP and allow its members to determine their own fate when it comes to unionizing and enjoying collective bargaining, and while many of those provisions we heard earlier in debate today protect them on many other fronts, the single fact that the government does not see fit to allow one of the most fundamental tenets in democracy, that being secret ballots, makes the bill absolutely unacceptable to me and, I am sure, to all my colleagues on the Conservative benches.

What is the solution? Frankly, we have heard many times before, particularly from the Parliamentary Secretary to the Leader of the Government in the House of Commons, that committees should take a stronger and more active role in determining legislation in the House. That is a position that I quite frankly agree with and support, so we are simply asking that an amendment be considered at committee that would allow this legislation to include the provision of secret balloting before being presented to the House in its final form for third reading.

I do not know whether or not that is going to happen. I could assume that we will be able to move an amendment at committee and engage in debate, but I sense quite strongly that despite the nice words from the parliamentary secretary to the government House leader, their committee members will be whipped and instructed to vote against any amendment that the official opposition brings forward in relation to secret ballots.

Once again, I find it extremely difficult to stand in this place and completely understand how the government can defend that position. Every one of the members of this place was elected by secret ballot. The Speaker of this chamber was elected by a secret ballot. Why is that the case? Why is it the case that in almost every democracy in the world, secret ballots have been accepted as the norm?

The government seems to be swimming upstream. Why is it doing that? Quite frankly, Liberals made a number of commitments during the election campaign to try to gather support from the union movement in Canada. One of them was the commitment to repeal Bill C-377 on union transparency. Another was the commitment to repeal Bill C-525, which allowed for secret balloting in certification and decertification votes. I suppose on the one hand they are keeping their commitment to their election campaign platform, but it flies in the face of any democratic institution that we know of.

There is one other point I would like to make. It has been mentioned several times in today's debate, primarily by the member for Spadina—Fort York, that Bill C-7 does not disallow the RCMP from determining their own fate when it comes to a secret ballot. He says they are able to vote for certification or non-certification by secret ballot if they so choose. That is factually incorrect. Because of the provisions in Bill C-4, which would change the Canada Labour Code, the RCMP would not be able to choose a secret ballot even if the majority of their members wanted to.

I would point out to the member for Spadina—Fort York that what he is attempting to state in the House as fact is absolutely just the opposite. It is factually incorrect. Because of Bill C-4, the RCMP would not have the ability to vote for union certification, should they desire, in a secret ballot environment.

I would suggest to all members of this place that if one were to poll rank-and-file members of the RCMP and simply ask them if they would be in favour of a secret ballot process for certification, the overwhelming majority of non-union members would state yes, they want a secret ballot.

I have spoken with a great many RCMP members. I have spoken in the House of my close relationship with many members, both present and past. Almost to a person, when speaking about the certification process, these members say they would prefer to have a secret ballot.

I firmly believe that whenever the vote is taken, RCMP members will vote to unionize. I have that sense. However, they should be allowed to do so in a secret ballot environment. They should be allowed to cast their ballot knowing full well that no one else will know how they voted. That is something we hold dear in our country, yet the Liberals seem to be reversing the democratic will of the people by forcing public notification of union certification votes. That is unacceptable.

I can assure the House that on this side, unless an amendment is brought forward to reverse the secret balloting provisions and allow for secret ballots in union certification votes, members on the Conservative side will be voting against Bill C-7, and for good reason.

Public Service Labour Relations ActGovernment Orders

March 22nd, 2016 / 1:25 p.m.


See context

Hull—Aylmer Québec

Liberal

Greg Fergus LiberalParliamentary Secretary to the Minister of Innovation

Mr. Speaker, I will be sharing my time with the member for Don Valley East. I would like to thank you for giving me the opportunity to rise today to support Bill C-7.

It is an honour to participate in this debate and take a stand on behalf of the members and reservists of the Royal Canadian Mounted Police.

Today's bill seeks to uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in meaningful collective bargaining. Collective bargaining is a right that other police officers in Canada have enjoyed for many years. RCMP members and reservists have been denied that right, despite the significant contribution they have made to our proud, strong, and free nation over the past 143 years.

This bill would remedy that situation. It is a clear and reasoned response to the decision rendered by the Supreme Court on January 16, 2015. The court indicated that section 2(d) of the Canadian Charter of Rights and Freedoms protects a meaningful process of collective bargaining that provides employees with a degree of choice and independence sufficient to enable them to determine and pursue their collective interests. The court also stated that the current RCMP labour relations regime denies RCMP members that choice, and imposes on them a scheme that does not permit them to identify and advance their workplace concerns free from management’s influence.

I thank the Supreme Court for this ruling, and I am pleased to support this bill today, which would give RCMP members and reservists freedom of choice and independence from management, while recognizing their unique operational reality.

This bill was carefully developed from the results of consultations with key stakeholders. The initial consultations were held with regular members of the RCMP. The next round of consultations were held with the provinces, territories, and municipalities that have police service agreements with the RCMP.

There are some important features in Bill C-7. First and foremost, it gives access to independent, binding arbitration when the bargaining dispute resolution process reaches an impasse. Members of the RCMP bargaining unit will not have the right to strike, which is in line with the practices of other police forces across the country. Those who participated in the online consultation expressed a strong preference for this provision.

The bill will also create a single, nation-wide bargaining unit composed of RCMP members appointed to a rank as well as reservists. In order to be certified, an RCMP bargaining agent must have as its primary mandate the representation of RCMP members. Once again, regular members have shown strong support for these provisions. The bill also provides for the exclusion of officers at the inspector level and above from representation.

Lastly, the Public Service Labour Relations and Employment Board will act as the administrative tribunal for matters related to the RCMP bargaining unit, as well as grievances related to the provisions of the collective agreement.

This bill is in line with the government's efforts to restore fair and balanced labour laws in this country.

Consider, for example, Bill C-5, which repeals division 20 of Bill C-59, the bill to implement budget 2015, introduced in April of last year by the previous government.

That bill gave the government the power to unilaterally override the collective bargaining process and impose a new sick leave system on the public service.

The Public Service Staff Relations Act was first introduced in 1977 in order to give public servants the right to organize and to bargain collectively. Guaranteeing collaborative efforts among the parties is crucial, as is increasing the capacity of the public service to serve and protect the public interest.

Our government has made it abundantly clear that it will not adopt an approach that does not take into account the bargaining process between an employer and a group of employees who want to reach agreements on employment conditions.

By repealing these provisions of Bill C-59, we are demonstrating our respect for the collective bargaining process. We believe in collective bargaining. Today's bill is a testament to our belief in that right.

We also believe in fair and balanced labour relations. Unfortunately, over the past few years, many basic labour rights have been undermined. Consider Bill C-377 and Bill C-525, for example, which will change how unions can be certified or decertified and will impose new financial reporting requirements on them.

Those bills were passed without the usual consultation process involving employers, unions, and the government, which was used during the reform of the Public Service Staff Relations Act. As a result, it is now harder for unions and employers to bargain in good faith.

Instead we must ensure that workers are free to organize, bargain collectively in good faith, and ensure safe workplaces for themselves. To make that happen, the Minister of Employment, Workforce Development and Labour introduced a bill to repeal Bill C-377 and Bill C-525.

Bill C-4 restores the bargaining agent certification and decertification processes that were in place before June 16, 2015. Bill C-4 also amends the Income Tax Act to get rid of unnecessary requirements imposed on labour organizations and labour trusts with regard to releasing certain financial information.

As hon. members know, legislative measures are already in place to ensure that unions make that financial information available. Under section 110 of the Canada Labour Code, unions are required to provide financial statements to their members upon request and free of charge, which makes these requirements to produce extra reports unnecessary.

In conclusion, the bill being introduced today is consistent with our belief in fair and balanced labour relations. Every other police force in Canada has had the right to engage in collective bargaining for quite some time. This bill respects that right, while recognizing the particular circumstances of the RCMP as a national police force.

It is time for us to give RCMP members and reservists the respect they deserve. To that end, I am calling on all hon. members to show their support for RCMP members and reservists by voting in favour of this bill.

Public Service Labour Relations ActGovernment Orders

March 22nd, 2016 / 1:10 p.m.


See context

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, it is a privilege to rise in the House today to speak to Bill C-7 as well. I concur with my colleagues who have just spoken in regard to the bill.

I had the opportunity, particularly in the Kamloops area at an earlier age, to work with RCMP members who actually came down to play hockey with us when I worked in that fair city a number of decades ago. The Sakaki family gave me my first opportunity to work in that community and the opportunity to play hockey with these RCMP officers as well.

Of course, that is what we are talking about here today: the RCMP officers who give their lives and work every day on behalf of Canadians to keep us safe.

I rise to express my concern regarding Bill C-7. The bill has some worthwhile and necessary provisions, as has been pointed out by some of my colleagues. However, the bill continues the Liberal tradition of bowing down to unions at the expense of democracy and increasing the power of unions at the expense of some of their members.

The Supreme Court's ruling makes it clear that the current regime must be updated to give RCMP members a greater voice in their workplace while continuing to ensure public safety. However, certain provisions of the bill are thinly veiled attempts to pay unions back for their support of the Liberal Party in the last election. These are the parts of the bill that make it a bit undemocratic.

I stood in the House recently to speak against Bill C-4, the Liberals' first attempt to pay unions back for their election support. That bill was also deeply problematic. The timing of it could not have been more opportunistic in its attempt to make the government's own collective bargaining process easier at the expense of union members.

That bill also scaled back one of the most important rights of union members, the right to participate in a secret ballot on certification and decertification. We have seen that the government side is afraid of the words “secret ballot”. What are they afraid of? I would suggest they are afraid of democracy in this situation.

The combination of Bills C-4 and C-7 leaves RCMP members without a secret ballot vote on future union drives. The result is that a certification could occur through intimidation and undemocratic pressure tactics that are all too common with card check certifications. I believe strongly in giving workers the right to a vote that is free of intimidation prior to being forced to join, pay dues to, or be represented by a bargaining agent.

As I have said before, each hon. member in the chamber is here today because the residents of their constituency chose to give them the most personal thing they possess, their vote. As elected members of the House, our highest duty is to defend the democratic principles that brought us here. The secret ballot is the highest pillar of this process. It is difficult for me to believe that the Liberals have the nerve to argue that the public servants at the front line of Canadian safety do not deserve their democratic rights.

Our brave RCMP officers put our safety above theirs every day when they get up to go to work every morning and on every shift. Without them, we would not have the rule of law. Without them, many resolutions of the House would be worth less than the paper they are printed on. Without them, Canada would not be the free and safe society it is today.

Our RCMP stand up to criminals in some very dangerous situations. They rely on their fellow officers, their team, to have their backs. Bill C-7 would make our RCMP officers less safe by encouraging internal conflict within RCMP ranks. It creates a climate in which a union could pressure its members into signing their support. This really means that certain RCMP members would be pressuring others, creating tension and conflict while destroying trust.

Just as during election campaigns when candidates ask for the support of their friends and neighbours by going door to door, union representatives would be able to go from officer to officer to try to pressure them. As many of my hon. colleagues will know from their own campaign experience, while many people mean the support they promise, many people on the doorstep just want us to get off the porch or do not feel comfortable saying no to our face.

Without a secret ballot to guarantee the rights of public service workers, the potential for intimidation is disturbing. We all know that the potential for workers to be intimidated by their unions is very real. While this is serious for all workplaces, it is even more serious for a workplace where having a cohesive team can mean the difference between injury and safety, between life and death, as in the RCMP.

The Liberals have absolutely no good reason to get rid of this vital check. With the beginning of an important process for the RCMP, the Liberals are creating a problem that is easily avoided. The card check system allows for a workplace to be unionized without letting all employees have their say, and it could proceed with a significant portion of the workers having no idea that it was even going on.

The bill narrows the democratic legitimacy of an RCMP union and scales back the rights of our hard-working officers to select their representatives and determine their own fate. While the current regime must change to give our officers a greater voice in the workplace, it has to be done correctly.

As the bill currently stands, it sends a terrible signal to the men and women who keep us safe, a signal that the Government of Canada does not care about them. During the Conservatives' time in government, we consistently supported the RCMP, CSIS, and public safety agencies by modernizing legislation and increasing their budgets to ensure that these forces had the right tools to keep Canadians safe.

Right now, the RCMP is contracted to provide police services to eight provinces and over 150 communities. As the representative of the constituents of Brandon—Souris, I represent several such communities. I know first-hand the quality and professionalism that many RCMP officers of my riding bring to the job every day. We depend on them to keep us safe and are grateful to them for their service.

Not only would the officers in my riding have fewer democratic rights as a result of an unamended Bill C-7, but the communities that pay for their services would experience great hardship if labour costs dramatically increased. If our small communities cannot afford policing, nobody wins.

I echo my colleagues in supporting an amendment to this legislation that would explicitly allow RCMP members the right to vote on whether to unionize through a secret ballot.

Public Service Labour Relations ActGovernment Orders

March 22nd, 2016 / 12:45 p.m.


See context

Liberal

David Graham Liberal Laurentides—Labelle, QC

Mr. Speaker, I am pleased to have the opportunity to rise today to support Bill C-7.

It is an honour to participate in this debate and take a stand on behalf of the members and reservists of the Royal Canadian Mounted Police, the RCMP.

Today's bill seeks to uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in meaningful collective bargaining. Collective bargaining is a right that other police officers in Canada have enjoyed for many years.

However, RCMP members and reservists have been denied that right, despite the significant contribution they have made to our proud, strong, and free nation over the past 143 years. My personal connection to this file dates back to almost the very beginning. My great-great-grandfather, Dr. Louis Paré, was the assistant chief surgeon for the Royal Northwest Mounted Police.

This bill will remedy that situation. It is a clear and reasoned response to the decision rendered by the Supreme Court on January 16, 2015, which indicated that section 2(d) of the Canadian Charter of Rights and Freedoms “protects a meaningful process of collective bargaining that provides employees with a degree of choice and independence sufficient to enable them to determine and pursue their collective interests”.

The court stated, “The current RCMP labour relations regime denies RCMP members that choice, and imposes on them a scheme that does not permit them to identify and advance their workplace concerns free from management’s influence.”

I thank the Supreme Court for this ruling, and I am pleased to support this bill today, which would give RCMP members and reservists freedom of choice and independence from management, while recognizing their unique operational reality.

This bill was carefully developed from the results of consultations held with key stakeholders. The initial consultations were held with regular members of the RCMP. The next round of consultations were held with the provinces, territories, and municipalities that have police service agreements with the RCMP.

There are some important features in Bill C-7. First and foremost, it gives access to independent, binding arbitration when the bargaining dispute resolution process reaches an impasse.

Members of the RCMP bargaining unit will not have the right to strike, which is in line with the practices of other police forces across the country. Those who participated in the online consultation expressed a strong preference for this provision.

The bill will also create a single, nation-wide bargaining unit composed of RCMP members appointed to a rank as well as reservists. In order to be certified, an RCMP bargaining agent must have as its primary mandate the representation of RCMP members.

Once again, regular members have shown strong support for these provisions. The bill also provides for the exclusion of officers at the inspector level and above from representation.

Lastly, the Public Service Labour Relations and Employment Board will act as the administrative tribunal for matters related to the RCMP bargaining unit, as well as grievances related to the provisions of the collective agreement.

This bill is in line with the government's efforts to restore fair and balanced labour rights in this country. Consider, for example, Bill C-5, which repeals division 20 of Bill C-59, the bill to implement budget 2015, introduced in April of last year by the previous government. That bill gave the government the power to unilaterally override the collective bargaining process and impose a new sick leave system on the public service.

The Public Service Staff Relations Act was first introduced in 1977 in order to give public servants the right to organize and to bargain collectively. Guaranteeing collaborative efforts between the parties is crucial, as is increasing the capacity of the public service to serve and protect the public interest.

Our government has made it abundantly clear that it will not adopt an approach that does not take into account the bargaining process between an employer and a group of employees who want to reach agreements on employment conditions.

By repealing these provisions of Bill C-59, we are demonstrating our respect for the collective bargaining process. We believe in collective bargaining. Today's bill is a testament to our belief in that right. We also believe in fair and balanced labour relations. Unfortunately, over the past few years, many basic labour rights have been undermined.

Consider Bill C-377 and Bill C-525, which will change how unions can be certified or decertified and impose new financial reporting requirements on them.

Those bills were passed absent any of the usual consultation involving employers, unions, and the government, which took place during the Public Service Staff Relations Act reform.

As a result, it is now harder for unions and employers to bargain effectively in good faith. We must ensure that workers are free to organize, bargain collectively in good faith, and ensure safe workplaces for themselves.

To make that happen, the Minister of Employment, Workforce Development and Labour introduced a bill to repeal Bill C-377 and Bill C-525. Bill C-4 restores the bargaining agent certification and decertification processes that were in place before June 16, 2015.

Bill C-4 also amends the Income Tax Act, in order to get rid of unnecessary requirements imposed on labour organizations and labour trusts with regard to filing certain financial information.

As hon. members know, legislative measures are already in place to ensure that unions make that financial information available. Under section 110 of the Canada Labour Code, unions are required to provide financial statements to their members on request and free of charge, which makes these requirements to produce extra reports unnecessary.

The bill being introduced today is consistent with our belief in fair and balanced labour relations. Every other police force in Canada has had the right to engage in collective bargaining for quite some time.

This bill respects that right, while recognizing the particular circumstances of the RCMP as a national police force. It is time for us to give RCMP members and reservists the respect they deserve.

To that end, I am calling on all hon. members to show their support for RCMP members and reservists by voting in favour of this bill.

Public Service Labour Relations ActGovernment Orders

March 22nd, 2016 / 12:30 p.m.


See context

Conservative

Pierre Poilievre Conservative Carleton, ON

That is a fair question, Mr. Speaker. The ruling came out in January 2015. Parliament rose in June 2015, and that was the last time that this place convened before the election. In that brief interval of four or five months, it was not possible to properly consult RCMP members and police leaders, in order to construct a legislative solution to that ruling.

That is evidenced by the fact that the present government has been in office since November and it is now mid-March, which means that its members took some time to craft a response. Within the confines of the bill itself, notwithstanding the related flawed bill, Bill C-4, the government has done a decent job.

Public Service Labour Relations ActGovernment Orders

March 22nd, 2016 / 12:25 p.m.


See context

Vancouver Quadra B.C.

Liberal

Joyce Murray LiberalParliamentary Secretary to the President of the Treasury Board

Mr. Speaker, I thank the member for Carleton for his comments, and especially for confirming that Bill C-7 itself is reasonable, fair, and constructive, and we do look forward to comments and proposals at the committee level.

The member used most of his time to talk about Bill C-4 and to talk about Bill C-525, which his government put forward. I would like to remind the member that there was a huge amount of controversy and comment that Bill C-525 was pushed through without consultation, in contrast to Bill C-7, in which there was extensive consultation. That is one point I want to make before I get to my question.

The second is this. If the member is so proud of Bill C-525, which would require a mandatory vote, why did the previous government hide the report that its very own department tabled, showing that a mandatory vote is detrimental to labour relations in comparison to the card check method? The card check method does enable the public service members to indicate their preference around being represented by an employee organization.

I find it stunning, given that the Conservatives hid the evidence that suggested their bill was a bad one, and they never consulted on it, that this would be the key thing that the member would want to push for in this House. It just defies belief.

We have the NDP saying the card check is the only—

Public Service Labour Relations ActGovernment Orders

March 22nd, 2016 / 12:05 p.m.


See context

Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, I rise today to contribute to the discussion on Bill C-7, an act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other acts and to provide for certain other measures. This act would deal with the right of our brave men and women of the red serge to bargain collectively.

This bill is a response to the Supreme Court's ruling on the matter last winter. The court gave the government a year from January 15 to implement a new collective bargaining regime for the RCMP. That deadline has since been extended. The ruling also indicated that it was the right of RCMP members to unionize based on paragraph 2(d) of the Charter of Rights and Freedoms, and it found that the existing staff relations representative program was an insufficient guarantee of that freedom of association.

I am generally satisfied with the contents of the bill itself. Let me explain why.

First, the bill would not require the RCMP to unionize. It creates a framework based on the existing certification laws under the public service employment legislation, whereby RCMP members can, if they so choose, form a union.

Furthermore, it would create certain protections that are necessary in light of the unique nature of employment within a policing organization. First, a prospective union must have as its primary mandate the representation of RCMP members. It cannot be affiliated with another bargaining agent or association that does not have that as its primary purpose, and it cannot be certified to represent any other group of employees. In other words, it would be an organization-wide bargaining unit represented by a single bargaining agent that would exclusively serve RCMP members and no other group of employees within the federal government. That is important, because if RCMP members choose to unionize, that union should be of RCMP members, by RCMP members, and for RCMP members for it to be truly representative and appropriate for a police force.

I am very proud of the police force that we have serving nationwide. The RCMP headquarters is here in Ottawa, close to my home. I am also very proud that Conservatives introduced legislation to help the RCMP do its job better and to keep our streets safe from crime and terrorism.

I should go on, though, to express my satisfaction with certain other limits that exist within this proposed legislation so that we can protect the work of the national police force. For example, policies on law enforcement techniques, transfers, appointments, promotions, disciplinary actions against RCMP members, and an RCMP officer's duty, dress, equipment, and medals are rightly left outside of the collective bargaining process and managed within the context of the RCMP Act. This bill would do that.

Next, the bill would, rightly, increase the size of the Public Service Labour Relations and Employment Board from 10 to 12 members and insist that the two additional members have intimate knowledge of policing, so that when matters related to employment and labour relations within the RCMP come before the board, policing expertise will be found around the table. That is a reasonable proposal.

Furthermore, as with most police organizations across the country, under this legislation there will be no right to strike, for obvious reasons, because we need to protect our streets. Even in the event of a dispute or an impasse in labour relations, we cannot afford to have our officers off the street and on strike. The government has rightly recognized this fact and embedded that reality in the bill itself.

The bill itself is reasonable and fair. However, it cannot be looked at in isolation. Simultaneous to this bill, our House and our Parliament are debating and discussing another bill that would strip the democratic rights of federally regulated workers across the country.

Bill C-4 would remove the right of a secret ballot vote from federally regulated workers in matters of certification. It is important to be clear on what this means. It means that a union could take over a federally regulated workforce without there being a vote by the members who work in that workplace. In other words, thousands of employees from any number of federal employers could be forced to pay dues to and be represented by a union for which they never had a chance to cast a vote. This is particularly alarming when it relates to the RCMP, an organization comprised of members who put their lives on the line each and every day, in part to defend our democratic way of life. Therefore, it is a great irony that members of the RCMP, of all groups of employees, would be deprived the most basic democratic right, which is the right to vote in secret on whether to certify a union.

The alternative to a secret ballot is a process called “card check”, where those people who want to take over a workplace and form a union go around with a petition and ask people to sign it. Then when they get 50% plus one of the employees to sign on, the board recognizes a majority and declares the union to be a bargaining agent. The obvious problem with that is intimidation. When workers have to put their names down on paper for all eyes to see, they risk being pressured unduly into favouring one side or another. It would be the equivalent of holding our national elections by a show of hands. Imagine that? The government said that our previous Bill C-525, which empowered workers with a secret ballot, was undemocratic.

The government is in the process of trying to change our electoral system. I wonder if the Liberals are simultaneously considering taking away the secret ballot from our general elections and replacing it with some sort of petition, or show of hands, or a card check as it is called. The parliamentary secretary earlier cited a report from the ministry of employment, showing the statistical reality that if workers were given the right to vote, they were less inclined to choose unionization. In other words, unions are not formed at as high a rate when people are given a chance to vote on the question as they are when people are forced to sign a card-check petition.

The government's problem is with the outcome. The government might not be happy that when workers are given the choice through a democratic vote, they opt not to unionize. However, that is the choice of the workers not the choice of the government. It is obvious that rates of certification would go up if those people doing the certifying were able to intimidate those they were trying to certify. Naturally, if they can show up on the doorsteps of employees at 10 p.m., ask them to sign a form and leave implied consequences for failing to do so, it is not surprising that unions are able to certify at higher rates than when the workers are given a chance to go into a voting booth and mark a secret ballot, exercising their true prerogative without anybody looking over their shoulders. However, that is not evidence of why we should take away their right to vote.

I was not particularly thrilled with the results of the last federal election, but I would never propose taking away the rights of Canadian voters to cast their ballot in secret as a result. It is their choice on how they vote. I could probably produce some sort of study to show that in some aspect of Canadian life voters would cast a ballot differently if they were given a chance to vote secretly on the matter. That is not a reason to take away the secret ballot.

The fact that workers or anyone votes differently when they have the right to do so secretly than they would if they were being watched by an authority figure is the very reason we need secret ballots. That is precisely the reason they were created, and they are a basic foundation not only of workplace democracy, but of Canadian democracy.

I would call on the government to recognize that fact and amend the bill to ensure the RCMP members will not be unionized without the right to vote on that unionization. In fact, Canadians agree with the right of secret ballot. It is basically in our democratic DNA. Secret ballot voting to certify union is not new or controversial. Ontario requires it. British Columbia requires it. Both of these provinces are currently represented by Liberal governments. Saskatchewan, Alberta, Nova Scotia, and Newfoundland and Labrador also require secret ballots and none of them is represented by the Conservative Party.

In administrations run by the NDP, the Liberals, the Saskatchewan Party, and others, we have secret ballot certifications in provincially regulated workplaces right across the country. In Quebec, Canada's second most unionized province, there is enormous support for secret ballot votes on certification.

One poll in August 2009 found that 71% of Quebeckers said that secret ballots should be required as a way of getting union certification. In the United States, polls have shown that 80% of people believe a secret ballot should be required for a union to form. Therefore, it cannot simply be seen south of the border as a Republican or a Democratic issue. It is an issue that unites basically all North American public opinion in a vast majority who favour a secret ballot vote before a union can certify a workplace.

I would further identify the fact that if RCMP members are forced to join a particular union without having a chance to vote, that union will have difficulty establishing itself as a legitimate representative for the workers for which it will become the bargaining unit.

I also have warned the government of a political problem, and that is the reality that if it does deny employees in the RCMP the ability to conduct a secret ballot vote on unionization, it could very well learn of stories of intimidation within the workplace and those stories will reflect badly on the government's decision to strip that basic right from RCMP members.

I ask the government to consider an amendment to the legislation which would preserve the existing secret ballot formula that is found in public service labour relations legislation and ensure that the men and women who put on the uniform of the RCMP are given that basic human right in an eventual and inevitable certification drive. If they should select to unionize through that mechanism of a vote, then we, nationwide, should respect the result of that vote and respect the legitimacy of the union that it produces.

This is not a radical concept. We have five provinces in the country where provincially regulated workplaces certify their unions through secret ballot voting. It is a basic tenet of democracy.

Deep down I think members of the Liberal government understand and agree with that, and I will tell members why.

I have listened to all of the Liberals' comments with respect to their proposed repeal of Bill C-525, which is the bill the Conservative government passed to create secret ballot voting rights. However, the two words they never say when they are talking about that bill are “secret ballot”. They say that bill, which is now law, makes certification harder and decertification easier, but they do not say how. They say that it lowers unionization rates, but they do not say why. The bill really only does one thing. It replaces a card-check petition with a secret ballot vote. However, members on the government side can never actually bring themselves to utter those two words “secret ballot”.

Why? Because I think they know that if they were to openly argue against the right to vote for federally regulated workers on the grounds that it was not consistent with the government's view of labour relations, they would be laughed out of any room in our country. Everybody, coast to coast, acknowledges that democratic decision making has to happen through a secret ballot.

In fact, Mr. Speaker, you are chosen by secret ballot. We choose representation for our very House through a secret ballot vote. Every person in this room has a job today because they were elected by secret ballot. In fact, most unions elect their representatives through a secret ballot vote when they are certified. Everybody acknowledges that decisions of this magnitude made by a group of employees in a workplace should be done through a secret ballot, unless one has an ideological motivation to override the real will of the working people and to impose an outcome on them.

I think members will find that, in reality, those who are pushing for an end to secret ballot voting within the workplace on matters of unionization are those who are unhappy with the outcome that the secret ballot democratic vote would produce, which is no excuse. One cannot oppose democracy simply because one does not like the outcome to which it leads.

This is why we, as official opposition, congratulate the government for Bill C-7 in its own right, as a fair and balanced approach to respond to the Supreme Court's ruling on collective bargaining in the RCMP. However, I would ask that the bill be made better through an amendment that would allow the brave men and women who wear the RCMP uniform to be the masters of their own destiny by giving them the right to vote.

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March 22nd, 2016 / 12:05 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, my colleague and friend raises a very good point. When that particular bill was being debated and the Conservatives were in government, there was a great deal of suspicion about the motivations behind the bill. We believed it would have a negative impact on labour relations in Canada and voted against it.

There was a great deal of opposition to it at the committee stage. We talked a great deal about it during the election. That is ultimately why we felt it was important to get it right and why we introduced Bill C-4, to correct the mistakes the Conservatives made back then.

When the minister brought forward the report, it reaffirmed that we were correct when we were sitting in opposition, when we told Canadians that the legislation the Conservatives were proposing would not be healthy for labour relations in Canada.

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March 22nd, 2016 / 12:05 p.m.


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Vancouver Quadra B.C.

Liberal

Joyce Murray LiberalParliamentary Secretary to the President of the Treasury Board

Mr. Speaker, I appreciate the comments by my colleague, the member for Winnipeg North, who also touched on the comments by the member for Durham about Bill C-4, which is seeking to rescind Bill C-525. On this side of the House, we believe that Bill C-525 had a negative effect on rights and freedoms in the workforce.

It turns out, interestingly enough, that just when the former Conservative government was pushing forward Bill C-525, claiming that it would not adversely affect the rights of workers to unionize, its own internal labour program research department had conducted a study showing that it would adversely affect the union movement and its ability to organize. That study was hidden. Our minister, just yesterday, tabled that study at the human resources, skills, and social development committee.

I would like to ask my colleague what he believes the role of evidence should be, and the role of openness and transparency about this evidence, in making decisions around legislation for the benefit of the rights and freedoms of the Canadian workforce.

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March 22nd, 2016 / 11:55 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I appreciate the member's bringing up my reference to the red uniform. It was not meant in any way to be disrespectful. If someone did feel I was being disrespectful, I apologize. The red serge is a very impressive uniform that has been recognized, as I indicated, throughout the world. The word actually escaped me at the moment when I was talking about it.

In regard to the question at hand, members will have an opportunity to make the case at committee stage. I would encourage the member and the Conservative opposition to seriously consider whom they might want to invite as expert witnesses before the committee.

I trust that in coming up with their amendments, the Conservative members will substantiate and make credible their amendments, including where those amendments are coming from and the types of real, tangible support they might have for those particular amendments.

The cautionary note I would make is to recognize the debates that took place on Bill C-4. There was a great deal of concern regarding the whole secret ballot issue. We need to be very sensitive to the important balance between labour and management.

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March 22nd, 2016 / 11:35 a.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is a privilege to stand in this place to share some thoughts on yet another very important piece of legislation, something that I suspect people should be supportive of.

I have had the opportunity on previous occasions to address different types of legislation. I would recommend that my colleagues, no matter what side of the House they are on, take into consideration that this legislation is before us because there was a Supreme Court of Canada decision that was made, and as a result legislation was then required. I would argue that this type of legislation could have, and possibly should have, been introduced long ago, even prior to the last federal election. I think it would have been nice to have had something in place.

I am very happy with the approach that this government has taken in addressing legislation, in particular with some of the labour issues. I truly believe that we can do much more in terms of improving the quality of the relationship between labour and management, not just within the private sector, but also the public sector.

A couple of weeks ago, I met a member of the public union at a local restaurant. He shared with me a questionnaire that was circulated among the civil service. It was discouraging. The questionnaire results were based, I believe from 2014. The results were very disturbing, in the sense that there is a high level of dissatisfaction, of mistrust. There is this sense that the Government of Canada was not listening to the needs of Canada's public service, or at the very least was not demonstrating respect for our civil service.

There has been a change in attitude since the last federal election. We have seen our new Prime Minister and the Canadian government take a different approach in dealing with our civil service, or unions in general. We recognize the valuable contributions they make to our society. This is ultimately recognized, not only here in terms of the citizenry of our country, but also in other jurisdictions in the world that have recognized the professionalism throughout our public service.

I tried to assure my constituent when he was sharing these very poor results from 2014 that there is a new attitude in Ottawa, in terms of appreciation and gratitude for the phenomenal work that our civil service puts in.

When I look at the legislation before us today, it is an extension of other areas in which the government is trying to demonstrate that things have changed. There was a four-month extension that was given.

I listened to the comments, whether they were from Conservative critic or the NDP member of Parliament from Elmwood—Transcona, about wanting to see changes. I have good news for them. The good news is that we within government want to see change in the way in which our standing committees themselves operate. If the opposition takes the gesture that is coming right from the Prime Minister and the cabinet, and in essence from the government benches, I would suggest that we will see amendments brought forward, not only potentially to Bill C-7, but to other pieces of legislation.

I had the opportunity to serve over 20 years in opposition, and I have often had a sense of frustration when I wanted to see amendments brought forward, and for whatever reason—usually because they came from the wrong side of the committee—opposition amendments were just completely outright rejected.

I am suggesting, as have other colleagues, that there is a new open attitude toward the way in which committees and standing committees could be working into the future.

I tend to agree with the Prime Minister that a lot of the heavy lifting and the hard work can in fact be done in our committees. Therefore, when the member for Elmwood—Transcona talks about some of the ways he believes we have fallen short on the legislation, let me suggest for him and for all members—it does not matter whether they are even on the opposition benches, so even for my colleagues on the government benches—that if they are prepared to do the work and the consultation and share their ideas in a proactive fashion, in a progressive manner, they should not be surprised to see their amendments actually accepted and ultimately improve the legislation.

That could happen with Bill C-7 or any other piece of legislation, but the onus and the responsibility in good part is on those who are sitting on the committee. At the end of the day, if we are passing legislation through second reading and a member has some thoughts and some ideas that could improve the legislation, the government is open to listening to them. Why would we not approve, or at the very least consider, amendments that would improve the quality of the legislation itself? All Canadians would benefit from that. The Prime Minister has spoken out on this. We want to see more effective and functional standing committees that will ultimately contribute to improving the system.

I recognize, in the hour or hour and a half in which we have had the opportunity to debate this issue, that there were a number of members who talked about the importance of amendments. Let me qualify that by saying—and the parliamentary secretary in particular made reference to a fairly extensive survey where literally thousands of RCMP officers were consulted and feedback was solicited, and we received a considerable amount of information—that we understand what is being asked of the government in coming up with the legislation as to what they would like to see in the legislation. I will make more reference to that a little later in my comments.

We have to look at amendments to legislation from a holistic approach, everything from the legislation itself and the impact an amendment would have on the legislation, to what degree we are hearing from the different stakeholders and the witnesses who ultimately appear before a committee.

One of the things I really enjoy, coming from a provincial legislature to the House of Commons, is the degree to which standing committees have the ability to bring experts from across the country to provide their input on legislation—and on other matters, but specifically on legislation.

When the bill ultimately goes to committee, we will hear from experts from virtually all regions of our great nation, coming forward, sharing their thoughts, and I suspect from a combination of what they, opposition members, and government members are saying, that we might actually see some amendments brought forward.

I decided to take some time to emphasize the importance of this because there is a time limit. I do believe there is some merit to see the bill ultimately pass in a timely fashion.

As has been pointed out, the Supreme Court of Canada made its decision in January 2015. It said we needed to change the law to enable our RCMP, a wonderful national institution, to unionize if it chose to do so.

We were given a year. We had to apply for that four-month extension. From a court procedural sense, we need to speed up the process if we can. However, it should not be only about the perspective of the court. Many members of our RCMP have been anxiously awaiting this. The sooner we put this in place, then the sooner we would be allowing those fine members, who have served us so well over the years, to do what they would like to do.

There are two good reasons why I would recommend to my colleagues, no matter what side of the House they sit on, that they allow this legislation to go to committee. The sooner it gets to committee, the more opportunity the committee will have to deal with the many different issues that have been raised so far in the debate. Ultimately it will come back from the committee, and looking at the actual number of sitting days and the government's proposed legislative agenda, we see that time is a scarce commodity in this chamber. We could do a great service by recognizing the value of getting the bill to committee stage.

A number of thoughts came to my mind while I was listening to the Conservative critic, and I wanted to pose a question for him in regard to those thoughts. Some of his remarks were a bit off topic, for example, when he referenced debt and deficit that he attributes to Liberal prime ministers. If he has been listening closely to what the government has been saying, he is probably finding it intellectually challenging as to why he might stay on that side, given the number of times he has quoted Liberal prime ministers. Rather than adding more comment on that particular issue at this time, I will wait until we get the opportunity during budget debate. Suffice it to say that, when the member referenced the deficit, I would suggest that the Conservatives had a huge deficit and debt issue, far exceeding any Liberal administration since Confederation.

The member also made reference to Bill C-4 as if it were bad legislation. I am from Winnipeg, and maybe it is because Winnipeg faced the general strike of 1919 that I tend to differ with the Conservative Party. I recognize the valuable role that unions play in society, both today and into the future, but the Conservative Party in particular does not recognize this. We saw that with respect to the questions the member put forward and his statements while addressing Bill C-7. The member was critical of Bill C-4, but he does not recognize that Bill C-4 would improve Canada's labour legislation, just like the bill we have before us today. If passed, Bill C-7 would improve the labour situation here in Canada.

Bill C-4 is not the government's first priority piece of legislation. Our first priority was Bill C-2, which concerned our tax break for the middle class. Bill C-4 is a priority because the Conservatives changed labour legislation to the detriment of the union movement in Canada. That particular piece of legislation was brought in to rectify a wrong that the Conservatives had put in place.

That is the reason why I suggested earlier that the Conservatives have a different approach to dealing with labour legislation, which has ultimately led to what we have in Bill C-7 today. They had eight or nine months to deal with the legislation in some form or another. They have talked a lot about the secret ballot. They had the opportunity to put that into the legislation if they were prepared to bring it forward back then. However, it was a low priority, even though the Supreme Court of Canada had ultimately made a ruling. I would suggest that the Conservatives were negligent on this file and, as a result, that has created a time crunch, and I hope and I trust that all members will recognize that.

Before I get into more of the details of the legislation itself, I did want to pick up on a couple of important points. The most important one is that this legislation was brought forward to deal and assist with a free bargaining process for our RCMP officers. I do not think that enough could be said about the incredible work that our RCMP officers do from coast to coast to coast. The RCMP is one of those great Canadian institutions from which Canadians as a whole get a great sense of pride, especially when we see the traditional red uniform with the hat. It is something I believe embodies a great sense of pride for Canadians. It is an iconic institution that is recognized around the world as one of the greatest police forces of modern time. I believe we should all pay tribute to the fantastic work that the RCMP does.

We need to also recognize that this is not the first time that a police or law enforcement agency is looking at the possibility of forming a union. We have had police unions in Canada dating back almost 100 years, so Canadians do not need to be fearful of a union, as some members on the other side might try to espouse. There is a great deal of benefit to recognizing the valuable role unions have played in police forces in Canada to date. It is not as if we are going into an area that has never been explored in the past. The opportunity for the RCMP to unionize is very real, and I suspect it will likely happen. However, at the end of the day, it is the RCMP that will ultimately make that decision. The important thing to recognize is its right to have a collective bargaining regime. That was the essence of the ruling that was made by the Supreme Court.

I will highlight this fact. In that massive consultation and surveying that was done with RCMP officers, there were a couple of points that need to be recognized. One was that there was strong support for a union throughout all of those consultations and so forth. There was also strong support for a single national bargaining unit, and the idea of binding arbitration versus the ability to strike.

With those very few words, I trust and hope there will be a few questions.

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March 22nd, 2016 / 11:35 a.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Madam Speaker, to the extent that I believe that once Bill C-4 passes we will have a better certification regime in Canada, it is a happy coincidence that the two bills are moving in tandem through the House of Commons. That means that when RCMP members are ready to organize, if they choose to do so, they will have a better certification regime under which to do it.

My colleague in the NDP spoke earlier about some of the issues that come up when workplaces are on the cusp of forming unions and the intimidation that workers can be subjected to. I do not think anyone is naive in this place. We do not live in a perfect world. Intimidation can sometimes occur on both sides, but many methods of intimidation may be available to an unscrupulous union, or to the employer as well. There are far more tools available to the employer than are available to anyone else doing the organizing, which is why the card check system is important. The employer can put the jobs, lives, and families of workers on the line, if they decide they want to be represented in the workplace. It is not just plucking a few examples, as one member suggested earlier. It is far more the case that we can provide thousands of examples where this has happened.

I am pleased that RCMP members will have the opportunity to organize under a better regime, that is if they do not organize beforehand under the old regime.

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March 22nd, 2016 / 11:35 a.m.


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Liberal

Lloyd Longfield Liberal Guelph, ON

Madam Speaker, I thank the member for Elmwood—Transcona for standing up for the efforts that Liberals are taking to move collective bargaining forward through the work on Bill C-7, and the work we did on Bill C-4 previous to this.

Bill C-7 is respecting the Supreme Court of Canada's decision, and reflects the government's consultations with 9,000 RCMP regular members via a survey and 655 town hall meetings. The timing on this has been set by the Supreme Court, which gives Parliament until May 17 to respond to its ruling. Could the hon. member please reflect on the combination that we now have in front of us, Bill C-4 and Bill C-7, in strengthening Canada's collective bargaining process?

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March 22nd, 2016 / 11:05 a.m.


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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, I would like to thank the parliamentary secretary for his intervention. We are both missing being at committee because of this debate, and I am sure we will both scurry over there shortly afterward.

I think he is right. Bill C-7 is the government's response. I rose in January to say that the government was taking more time to correct a flaw. However, I will say again that the court's first and fundamental tenet of the charter right is employee choice, and that is not reflected in the bill. What is catching the government in an awkward position is that Bill C-4, which was an election promise it made to get support from labour in the election, conflicts with Bill C-7 and what the charter expects. They will have to reconcile that before the House.

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March 22nd, 2016 / 10:55 a.m.


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Vancouver Quadra B.C.

Liberal

Joyce Murray LiberalParliamentary Secretary to the President of the Treasury Board

Madam Speaker, I appreciate the comments by the member for Durham and all the work he does on behalf of the RCMP and the Canadian Armed Forces. However, his comments confused me.

He is insisting on a secret ballot. Bill C-525, which the Conservative government brought forward, made it more difficult for employees to unionize, harder for unions to certify, and easier for unions to be decertified. That is the bill the Liberal government is repealing with Bill C-4, in which case the board will have a choice. It will be at the discretion of the board whether there will be a secret ballot or a card check, and the board can make sure that the members' interests are reflected in the choice made.

The secret ballot makes it harder for the collective bargaining process and provides less freedom for the members. Why is the member insisting on that as the mechanism?

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March 22nd, 2016 / 10:35 a.m.


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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, it is a pleasure for me to rise today in this debate on Bill C-7 and to be the first speaker on behalf of Her Majesty's Loyal Opposition on this important subject.

All parties in this place respect the important role played by the RCMP/GRC, our Mounties, and not just for the iconic image they represent around the world and the subsequent acknowledgement of Canadians as a people who respect one another and enjoy peace, order, and good government. We acknowledge, and we have paid homage in this House, when some of our front-line men and women have risked their lives and in fact given their lives in recent years in Alberta and Moncton, serving Canada and protecting the society we all enjoy.

The Conservative Party, when we were in government, followed the court case of the Mounted Police Association of Ontario very closely as it made its way through the courts. We are here today because of a decision of the Supreme Court of Canada that came down last year and provided an opportunity for the government to respond.

The previous government had been looking at the Supreme Court decision, consulting, meeting with senior leadership within the RCMP, and hearing from front-line members. Then there was the transition, and the same issue was faced by the new Liberal government, which asked for a bit of an extension in January. The court has given the government until April to come up with a framework for labour relations and bargaining for members of the RCMP that meets the spirit and intent of the Supreme Court decision in the Mounted Police Association of Ontario versus Canada.

I am here today as the official opposition public safety critic. I will be speaking just before or alongside my colleague, who is responsible for Treasury Board, and certainly the impact of Supreme Court decision has a dual aspect. It solidifies and elucidates the right to collective bargaining that the Supreme Court has given members of the RCMP, as their exclusion from the Public Service Labour Relations Act was declared unconstitutional and in violation of section 2(d) of the charter, the right to association.

However, there certainly will be economic ramifications of that as well. That is the second aspect of the decision, and that is why the opposition will lead off with both public safety and Treasury Board critics speaking.

As the public safety critic, having heard from Commissioner Paulson just yesterday and having already had the opportunity to have him before the public safety committee in this new Parliament, I want to begin my remarks by thanking the front-line men and women of our RCMP. They are charged with a very important role in our country, given the breadth and size of our country and the fact that large portions of rural Canada would not have policing services were it not for the men and women of the RCMP.

This conversation on this subject, while it deals with labour relations and ultimately will have an impact on the fiscal framework for Canada, must begin by acknowledgement on all sides of this House of the tremendous respect we have for the RCMP. There are 28,461 regular force members of the RCMP, not including auxiliaries, whom we all know and see in communities across the country. They also play a very critical role, particularly for large events and things like that in our communities across the country.

Let us put that in perspective for a moment. That number of 28,000 or so members of Canada's police force is significant when we compare it to the next-largest police force in Canada, the Ontario Provincial Police, with about 6,100 uniformed members, and the largest municipal police service, also in Ontario, the Toronto Police Service, with 7,900 members.

The Supreme Court, and really the court case launched by the association in Ontario, recognized that alongside its municipal and provincial comrades in arms, Canada's largest police force needed the ability to have effective collective bargaining in the same way that its provincial and municipal cousins did. The Supreme Court has given some guidance on that and this has led us here to Bill C-7 today.

However, Canada's largest police force, our national police force, does attract a significant expense of the Government of Canada for salaries, a $1.6 billion commitment to public safety, to front-line policing across the country. Only time will tell, but all parties acknowledge that the impact of the Supreme Court decision and the changing of the bargaining arrangement, or in simple terms the unionization of the RCMP, will have a significant impact upon the fiscal framework for Canada.

I say that mere hours before the budget is to be brought forward by the new government. I hope it approaches Bill C-7 and its implementation with a little more caution than it appears it has approached this budget, particularly when it comes to operational spending, most of which is made up of salaries. The pressure is on that, particularly once reference bargaining between the large municipal and provincial forces begins. We need to ensure our front-line officers get what they deserve, the support they deserve, the salary, remuneration, benefits, health care, and support for mental health. We need to ensure we look at the well-being of our front-line officers, not just in the context of salaries but in how we take care of them both while they are serving and after, particularly if they leave with a service-related injury.

In my far too brief time, unfortunately, as minister of veterans affairs, I had the honour of interacting quite regularly with the RCMP and its members. As the government knows, and as its new minister well knows, the ill and injured of the RCMP are provided for and their support is administered through Veterans Affairs Canada. We have certainly seen how in recent years the health and wellness support, particularly for mental injuries from service, has dramatically come into the modern era, and we are very proud of that. I know the new government will continue that important work. Our public safety committee right now is studying operational stress injuries, post-traumatic stress disorder for our front-line responders.

The interesting things we have learned over the last generation from our veterans and from our Canadian Armed Forces are now being shared with our RCMP and with municipal and provincial police forces. In fact, the document of the Canadian Armed Forces, “Road to Mental Readiness”, a wellness document for mental health, is now really the touchstone for first responder uniformed personnel serving in Canada. That needs to be a very important part of this discussion, as does the implementation of what comes from Bill C-7.

As the member of Parliament for Durham, I also need to once again thank the men and women of RCMP detachment Bowmanville, in my community, who are part of the Toronto East, the “O” detachment of the RCMP, which is not as widely seen in Ontario because we have the OPP. This detachment for the Toronto GTA East is very important. Like in so many communities, when the men and women hang up their uniform after their shift, these same people are often the coaches at the hockey rinks and the soccer fields, and become the backbone of our communities.

I want to salute the RCMP members in my own detachment and speak for a minute about the other eight provinces.

Quebec and Ontario have provincial police forces, but many parts of Canada would not have the important underpinning of public safety were it not for the men and women of the RCMP, particularly rural areas where often that member will be the first and sole response to an incident. In recent years, the RCMP's ability to work with parts of rural Canada, first nation leadership, and first nation police forces, has truly been remarkable. That needs to also be part of the framework that becomes the new collective bargaining approach for our RCMP.

Bill C-7 is the result of the government's response to the Supreme Court of Canada's decision in the Mounted Police Association of Ontario v. Canada. Specifically, it looked at whether the staff relations representative program within the RCMP met the test of giving the freedom of association to members of the RCMP guaranteed by the charter. One of the members of our caucus, who is a proud retired RCMP officer, knows that the staff relations representative program did try to act as that conduit between the workforce and management in the sense of a bargaining agent.

As a result of the creation of that staff relations program, going back to the 1970s, the RCMP was excluded from the Public Sector Labour Relations Act. It was specifically excluded in legislation. That exclusion, alongside an analysis of the staff representative program, was what the Supreme Court ultimately looked at. Its finding was that the staff relations program did not meet the standard it expected under section 2(d) of the charter providing the men and women of the RCMP with the freedom of association.

It is interesting and important to note that the decision of the Supreme Court did not say to just strike out those sections of the PSLRA, the Public Safety Labour Relations Act, and treat the RCMP like any other public service. The analysis of the Supreme Court decision is quite illustrative, particularly with our modern labour law, which is starting to move away from the traditional Wagner model that we inherited from 1930s labour relations in the United States.

What did the court actually say in this decision? We see parts of that reflected in Bill C-7, but we have concerns of another nature. The court said that section 2(d) guaranteed meaningful collective bargaining, meaningful representation, but it broke that down further and said that meaningful collective bargaining and meaningful representation had two parts. The first part was employee choice; there must be choice. With respect to the second part to provide that meaningful standard, there needed to be sufficient independence from management. This is really where the old model within the RCMP failed in the eyes of the court. The court felt the staff relations program was not seen to be independent enough from management. It was seen more as a human resources tool and not an agent for bargaining and protecting the collective rights of the employees. That is an important distinction to make. Had the staff relations program been a little more independent, this may have survived the Supreme Court's analysis.

The Supreme Court specifically said, “freedom of association under s. 2(d) is that the guarantee will not necessarily protect all associational activity.” The arrangement must not “substantially interfere”, and that is a later quote it used and is the standard, with the employees' rights to that bargaining, their choice, and the independence.

Bill C-7 does reflect that and would bring certain parts of the workplace relationship outside of the bill. I respect the fact the government has acknowledged that part of the decision. Certain elements through the grievance process and certain elements of the workplace would not be subject to the collective bargaining relationship. That is important, given the unique role and the chain of command structure and heritage of the RCMP as a police force. The government appears to have acknowledged that in Bill C-7.

What is absent entirely from Bill C-7 is that first element of the Supreme Court's decision, which is that meaningful collective bargaining and the meaningful right to association under the charter must have as its first principle employee choice.

In fact, I heard my friend from Spadina—Fort York earlier talk about the front-line members of the RCMP and say, “If they choose”. That is what the Supreme Court of Canada put as the fundamental construct to this relationship, employee choice.

However, what is absent in Bill C-7 is a codification of that employee choice which, in our modern democracy, requires a secret ballot vote. The members of the RCMP whose collective rights under section 2(b) of the charter can be exercised by their employee choice at the first instance, saying whether they want an association or not, and that vote to be conducted in a way that conforms with our democratic principles should be by secret ballot.

Why is that interesting? Because of the order paper we have two bills before Parliament. We are in the early days, so leaving out private members' business, I think we are up to Bills C-7 or C-8. Bill C-4 expresses the government's clear intention that secret ballot should not be a fundamental underpinning of the choice employees have on whether to belong to a union.

I have not heard the parliamentary secretary, my friend, in his remarks explain that omission. I hope to hear that addressed somewhere in the debate on Bill C-7, because it does drive an interesting omission on the part of the government.

The Supreme Court of Canada said that the first pillar to meaningful right of association was employee choice, but that is not codified in Bill C-7. Therefore, I think we will see the opposition, learning from the Supreme Court, ensuring that employee choice and secret ballot is directly a part of Bill C-7. We hope, with the government members being mindful of the court decision, it will agree to amend the bill to reflect that. If they do, it is our intention to work with the Liberals on it.

The previous government, as I said, was looking at the impact of the Supreme Court decision and how we could guarantee this charter right for our men and women of the RCMP, alongside ensuring that their important structure, chain of command and the important duties and risks inherent in policing are respected and not diminished, and public safety is not impacted through the course of what might be regular Wagner model union construct.

What is interesting is that this decision, along with the Fraser Health decision, has shown a gradual departure in labour law from traditional Canadian law. In fact, years ago, when Justice Rosalie Abella was on the Ontario Labour Relations Board, there was a balance between these arbitration-type boards, quasi-judicial bodies, the law and the legislature. Now that legislatures are intervening more in labour law and now that this charter right is developing with respect to association, it is changing the old model, and the courts have acknowledged that.

In fact, some of the best labour minds in the country, including some friends of mine with whom I used to practise law, including Brian Burkett and John Craig, have written on the move away from the Wagner model. What does that mean? It means the exclusivity of a union guaranteed by the Wagner model may indeed be a thing of the past, and that it is quite acceptable for provisions of what the police do to be excluded from collective bargaining. In fact, the court has said that the Wagner model itself is not the constitutional right. It is the meaningful right to collective bargaining and an agent that is constitutionally protected.

As I said, with the fundamental charter right that led to this decision, the two-part test, the first part is employee choice. Therefore, the government should have that reflected in Bill C-7: employee choice on who their agent should be, on their priorities, as well employee choice on whether they are unionized. That should be by secret ballot, which Canada has had since 1874. If the government acknowledges and amends this, it may see some unanimity in this place, and I would like to see that.

March 21st, 2016 / 5:10 p.m.


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Director General, Legislative Policy Directorate, Legislative Policy and Regulatory Affairs Branch, Canada Revenue Agency

Costa Dimitrakopoulos

Bill C-4 would not have implications for the Canada Revenue Agency. The Bill C-377 aspect would have had a financial burden of about $2 million annually. That would be the cost.

Wayne Long Liberal Saint John—Rothesay, NB

In your opinion, will Bill C-4 have any financial implications for the Canada Revenue Agency?

March 21st, 2016 / 5 p.m.


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Assistant Deputy Minister, Policy, Dispute Resolution and International Affairs, Labour Program, Department of Employment and Social Development

Anthony Giles

Yes, of course, because if Bill C-4 is adopted, the number of votes held by these two boards will certainly decrease, which will reduce their expenses or the funds allocated to these matters.

Yves Robillard Liberal Marc-Aurèle-Fortin, QC

Will Bill C-4 have repercussions on the Canada Industrial Relations Board and the Public Service Labour Relations and Employment Board?

MaryAnn Mihychuk Liberal Kildonan—St. Paul, MB

Member Ashton's comments are true and illustrate the challenges that we face when we look at changing massive structures like employment insurance.

I look forward to working with all of you on making the system more responsive to Canadians. I encourage you to look to passing Bill C-4. I look for your support, because we do want to re-establish positive, harmonious relationships between our business groups and our union groups through a mutually respectful relationship. Bill C-4 would do that.

Thank you, Mr. Chairman.

Mark Warawa Conservative Langley—Aldergrove, BC

Minister, you said it was a Conservative government bill. In fact, it was a private member's bill by Russ Hiebert. He was number one in the last Parliament, and Ted Falk is number one in this Parliament. Being number one is very important. It took him four years to get it through, and in those four years, there was lots of debate and lots of consultation. It was not a government bill. It was a private member's bill. I was fortunate enough to get number 79 in the last Parliament and was fortunate enough to introduce.... It's a lot of work and it's very important. You represent your community. Mr. Hiebert, who is no longer an MP since he didn't run again, worked very hard for four years to get that through. There was a lot of consultation.

You touched on the importance of consultation, that fair, balanced, and evidence-based policies must be developed through real consultation and engagement. You also went on to say that you're firmly committed to meaningful engagement with unions. You mentioned that—and I'm proud to have been a member of a union—and then you went on to say that you want to consult meaningfully with employers, other stakeholders, provinces, territories, and the Canadian public. Russ Hiebert spent four years.

Bill C-4 has been one of the pilot pieces of legislation from the Liberal government. Could you tell us how this is creating jobs, since that's your number one mandate? What did the consultations look like? Did you consult with more than unions?

Mark Warawa Conservative Langley—Aldergrove, BC

So you are saying one is fair and the other one is onerous. Are you suggesting then that under Bill C-4 we use the smaller model?

Wayne Long Liberal Saint John—Rothesay, NB

Thank you, Madam Minister, for coming, and congratulations on moving so forcefully forward on Bill C-4.

In 2012, Mr. Cuzner, as labour critic, wrote to the Canada Revenue Agency and asked that they provide the same information on its employees that Bill C-377 would require of labour organizations. They said they could not provide the information because the Privacy Act precludes the CRA from disclosing personal information about its employees.

Do you find it strange that the Conservatives were asking unions to provide private information that their own agency, CRA, refused to provide because of privacy concerns? Could you elaborate on that? Thank you.

Dan Ruimy Liberal Pitt Meadows—Maple Ridge, BC

Thank you.

When you spoke with stakeholders, how did they react to Bill C-377 when it was passed last year? Did you discuss proposed amendments in Bill C-4 with stakeholders, and what was their response?

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Thank you, Mr. Chairman.

Madam Minister, welcome to the committee.

Good afternoon, ladies and gentlemen.

Mr. Chair, today we are considering Bill C-4, whose objective is to undo two bills that had been adopted under our government. These bills were based on transparency and democracy, with a secret vote and accountability.

When you join a union, you get tax credits. If we subscribe to the principle that tax credits are public, in our opinion, accountability should be as well.

Since union fees receive a big tax break, we really think they should be made public, so the unions should be required to make them public, but when we look at some clauses of the bill, they say exactly the reverse. Let's talk about clause 12, which talks about the the organization's assets, liabilities, income, and expenditures.

I am wondering why the minister wants to keep those hidden. Why does she want to be sure that those assets and that information will not be made public?

March 21st, 2016 / 3:40 p.m.


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Kildonan—St. Paul Manitoba

Liberal

MaryAnn Mihychuk LiberalMinister of Employment

Thank you very much. It's a real pleasure for me to be here with so many of my colleagues who are obviously interested in one of the most important areas of our work, the welfare of Canadians.

One of the relationships that's very important is our relationship with organized labour, and so we will be talking about Bill C-4 and exactly that, building a stronger relationship with our organized labour movements in Canada.

I'm proud to be here today to present for your consideration 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. This bill, if passed by Parliament, would repeal Bills C-377 and C-525, both of which have been a detriment to unions and labour organizations.

Bill C-4 helps deliver on our commitment to restore a fair and balanced approach to labour relations in this country, one that balances the rights of unions with the rights of employers. Bill C-377 and Bill C-525, two bills adopted during the last session of the 41st Parliament, upset that balance, and we believe must be repealed. These bills have serious ramifications for workers and unions in Canada. They put unions at a disadvantage. They also bypass the tripartite consultation process involving employers, unions, and governments, a process that has traditionally been used for federal labour relations law reform in Canada and which contributed to stable labour relations in the federal jurisdiction.

Fair, balanced, and evidence-based policies must be developed through real consultation and engagement. Our government believes this is essential for the prosperity of workers and employers, Canadian society, and the economy as a whole. When it comes to labour law reform in the future, we are firmly committed to meaningful engagement with unions, employers, other stakeholders, the provinces, the territories, and the Canadian public.

To make sure the federal labour policy works in the best interest of Canadians, we felt it was our duty to seek the repeal of Bill C-377 and Bill C-525. These bills were a solution in search of a problem. First let me explain what these bills do. I'll start with Bill C-377.

Bill C-377 amended the Income Tax Act to require all labour organizations and labour trusts, including those under provincial jurisdiction, to file detailed financial and other information with the Minister of National Revenue which would then be made publicly available on the CRA website.

This raises significant privacy concerns because it would include detailed information on organizations, assets, and general financial health as well as liabilities. This includes individual transactions over $5,000, the salaries of certain officers, directors, and trustees, as well as time spent by certain personnel on political or non-labour relations activities. Failure to comply with these reporting requirements could result in a fine of $1,000 for each day of non-compliance up to a maximum of $25,000 per year.

In addition, Bill C-377 creates unnecessary red tape for unions that are already financially accountable to their members. Section 110 of the Canada Labour Code requires unions as well as employer organizations to provide financial statements to their members upon request and free of charge. Most provinces have similar requirements in their labour laws, so Bill C-377 duplicates accountability measures that already exist. The bill also puts unions at a disadvantage during the collective bargaining process by giving employers access to key information about unions without being required to reciprocate.

Bill C-377 has tilted the playing field in favour of employers. For example, employers would know how much money the union has in a strike fund for a possible work stoppage and how long they could stay out if it came to a strike; so, the union's most important negotiating lever is undermined. There have also been concerns raised about the constitutionality of Bill C-377, because the objective of the bill could be seen not as taxation, but as the regulation of unions, which is in large part a matter of provincial jurisdiction. Seven provinces spoke out against Bill C-377 for that very reason. Bill C-377 is problematic for many reasons, but if it is inconsistent with the Constitution then that alone should be reason enough to repeal the legislative changes it made.

This brings me to Bill C-525. This bill changed the unions' certification and decertification systems under the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act. The bill replaced the existing card check system with a mandatory vote system, despite the fact the old system worked well for decades and there was little pressure to change it. Bill C-525 makes it harder for a union to be certified as a collective bargaining agent, and makes it easier for a bargaining agent to be decertified. Previously, the Canada Labour Code required at least 35% support to trigger a union certification vote. If the organization could show they had the majority's support, they were automatically certified as a bargaining unit. Now under Bill C-525, a party seeking to become a certified bargaining agent faces more difficult odds. To be certified as a bargaining agent, they need to demonstrate the support of at least 40% of the employees and must proceed to a certification vote in all cases, even if majority support is expressed. Previously, decertification was possible if the party seeking the revocation of the unit certification demonstrated majority support. Now representation votes must be conducted in all cases when at least 40% support for decertification is demonstrated.

When we asked stakeholders what they thought of the new certification rules, many said the previous card check system not only was faster and more efficient, but it was also more likely to be free of employer interference. Some have suggested that moving away from the mandatory vote system and reverting to a card check system is undemocratic. Statistics show that from 2004 to 2014 the Canada Industrial Relations Board dealt with 23 cases involving allegations of intimidation or coercion during an organizing campaign, and only six were upheld. That's six cases in 10 years. Of these six cases, four involved intimidation and coercion by an employer. The other two were situations where two unions were competing to represent the same group of employees, and one union made allegations against the other. The card check system is a perfectly democratic way of gauging support as it ensures that an absolute majority of employees support the union, not just those who come out and vote. In addition, the Canada Industrial Relations Board and the Public Service Labour Relations and Employment Board can order a vote if there are doubts about employees' support for unionization. A union will not be certified unless the labour board is satisfied that there is support for it by a majority of employees.

By repealing Bill C-377 and Bill C-525, our government would restore a fair and balanced approach to labour relations in Canada. Successful collective bargaining and fairness in the employer-employee relationship are at the foundation of our economy. They provide stability and predictability in the labour force, two vital elements of a strong economy. To put it simply, good labour relations are good for everyone. The issue is simple: Bill C-377 and Bill C-525 diminish and weaken Canada's labour movement.

Bill C-4 would help return balance to labour relations and restore positive relations with provinces and territories. Our government strongly believes that Bill C-4 should be passed. I look forward to the committee's review of this important piece of legislation.

Thank you.

Yves Robillard Liberal Marc-Aurèle-Fortin, QC

Thank you, Mr. Chair. Good afternoon everyone.

The motion I am submitting reads as follows:

That, pursuant to the order of reference of Monday, March 7, 2016, the committee undertake a study 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, which should include the following:

That four meetings be scheduled for the consideration of the bill, including this meeting;

That this first meeting be devoted to a briefing from the Minister of Employment, Workforce Development and Labour, and department officials;

That the second and third meetings be devoted to hearing various panels of witnesses;

That the clause-by-clause consideration of the bill be scheduled for the fourth and last meeting; and that any amendment proposed by members of the committee be submitted to the clerk of the committee no later than 48 hours prior to the start of clause-by-clause consideration of the bill;

That each witness meeting consist of two panels of witnesses consisting of up to three witness organizations who shall be selected by the committee using the regular witness apportionment and selection formula based on House of Commons representation and that members of the committee submit their witnesses lists to the clerk by no later than 5:00 p.m., Friday, March 25, 2016;

That the study commence immediately following the passing of this motion, as legislative studies take precedence over other activities for the committee and because the minister is readily available;

That the clerk of the committee be directed to work with the chair to ensure witnesses are invited and ready for the start date for the study and subsequent meetings as identified by the chair.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 2:05 p.m.


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The Deputy Speaker Bruce Stanton

Since no more members wish to speak, pursuant to order made Thursday, February 25, 2016, all questions necessary to dispose of the motion for second reading of Bill C-4 are deemed put, and a recorded division is deemed requested and deferred until Monday, March 7, 2016, at the ordinary hour of daily adjournment.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 2 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, this is probably my last opportunity to speak on the bill at second reading, so I would like to ask my hon. colleague this. In his joy to undo my private member's bill, C-525, does he think that as a member of Parliament in the next federal election, if he chooses to run again, he should be able to go to the doorstep of a Canadian household, have the voters come out and be able to demand that they sign or vote or cast their ballot on that doorstep, right in front of him, right when he wants them to?

Does he think that is democracy, because that is exactly what Bill C-4 would do. He is going to undo the right to a secret ballot vote, which is what Bill C-525 enabled. Does he think that is an improvement to democracy, because that what he is advocating?

Canada Labour CodeGovernment Orders

February 26th, 2016 / 1:50 p.m.


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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I am pleased to participate in the debate on Bill C-4, which is an exciting first step towards restoring the balance of power between unionized workers and employers.

The bill would amend the Canada Labour Code, the Public Service Labour Relations Act, and the Income Tax Act. The NDP supports all stages of this bill, which will repeal the bad Bill C-377 and Bill C-525. By the way, I want to commend my colleague, the member for Saskatoon West, for her work on this bill. She demonstrated how important it is to repeal these two bad bills.

We had mentioned that these two Conservative bills were unconstitutional and constituted an invasion of privacy, among other things. Nevertheless, the Conservatives pushed these bills, which offered nothing good for Canadian workers.

Bill C-377 amended the Income Tax Act to require that labour organizations and labour trusts provide information returns to the minister for public disclosure. This bill required all union organizations to submit detailed annual financial reports on salaries, revenues, and spending.

The Privacy Commissioner, Daniel Therrien, said that Bill C-377 went too far and constituted an invasion of privacy. The Canadian Bar Association also questioned whether the bill was constitutional and even said that this bill would infringe on freedom of expression and freedom of association provisions. It was, therefore, a very bad bill. Unfortunately, the Conservatives continued to push this bill, even though almost everyone agreed that it was a very bad piece of legislation.

This reminds us of the need to protect collective bargaining and the right of unions to strike. We need to believe in the rights of unions and the important role they play in striking a balance of power between employers and workers. When unions are valued, workers have more rights and there is less pay disparity. A strong union presence has its benefits in a society.

That being said, the Conservatives introduced another bad bill, Bill C-525, which sought to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act. In short, this bad Conservative bill was based on bad American laws that are increasingly geared at doing away with unions.

Under the bill, workers in the same union would be allowed to be members without making a financial contribution to the union's activities and without losing the benefits afforded to them under the collective agreement. That does not make any sense. It goes against union promotion. If fewer people paid union dues, it would upset the balance of power that allows workers to assert their rights.

The purpose of these legislative initiatives is to limit unions' financial capacity by making it easier for workers to opt out of union membership while continuing to take advantage of the benefits afforded to them under their collective agreement. This was yet another bad decision by the Conservatives.

I am truly very happy because the NDP worked so hard that the Liberals followed its lead. I am very proud of my party and our leadership in that regard. I am pleased that the Liberals are on the same page.

In Drummond, I regularly meet people who belong to a union. I recently met two members of the Public Service Alliance of Canada. Many workers in my riding are protected by this union. These people told me that they were concerned about what we have seen in recent years, and that is the erosion of workers' rights. They also shared with me what they would like to see happen. For example, they would like workers to continue to have the right to collective bargaining. Unfortunately, the Conservatives imposed working conditions by passing legislation rather than by negotiating with workers.

I believe that the Liberals understand that it is important to negotiate instead. I will come back to that.

Occupational health and safety under the Canada Labour Code has been eroded. Workers are very concerned about occupational health and safety problems and would like to prevent them. We are very proud to see that the Liberals have begun to look at this issue. They are tackling Bill C-59, which was introduced by the Conservatives. We want to repeal the bill, and the Liberal government is going to submit a proposal to the union.

Bill C-59 contained a provision that would abolish employees' right to good faith bargaining by authorizing the employer to unilaterally establish all sick leave conditions. There was a problem related to sick leave, and instead of negotiating the Conservatives imposed a law. Fortunately, the Liberals will negotiate instead. However, they have unfortunately brought forward the same proposal the Conservatives did. We are somewhat disappointed with that.

I also attended several general annual meetings of the union representing workers at the Drummondville penitentiary. I salute all the workers of the Drummondville penitentiary, who do an excellent job. I had the opportunity to visit the institution a number of times. The penitentiary's needs in terms of the rehabilitation of inmates, who want to eventually leave and return to society, are incredible. I am sure that this is the case for all other penitentiaries in Canada. I visited a continuing education class and there were other initiatives as well. I was very pleased to be able to visit them, and I would like to thank them for welcoming me.

I would also like to remind my colleagues that the member for Rosemont—La Petite-Patrie worked very hard in committee in the last Parliament to fight Bill C-377. I think that it is very important to acknowledge his contribution, because he did an incredible job.

Of course we are pleased and delighted that Bill C-377 and Bill C-525 are being repealed. However, we in the NDP will continue to pressure the government to enhance the right to collective bargaining and make working conditions more equitable for all Canadians. We will continue to pressure the government to repeal division 20 of Bill C-59 on sick leave, reinstate the federal minimum wage, and pass the anti-scab legislation introduced yesterday by my colleague from Jonquière. That is a fantastic initiative, and we are all really proud of the collective work done by the NDP when it comes to protecting workers' rights.

I hope the bill passes unanimously in this Parliament, because it will restore the balance of power between workers and employers. I commend the NDP for the collective work it has done, which inspired the Liberal government, and I congratulate the Liberal government for moving in the right direction on this, although there is still work to be done.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 1:35 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, throughout the past two decades there has been a steady attack on the rights of working people in Canada. Nowhere has this attack been more evident than on organized labour.

Having spent nearly a decade fighting the attack by the former Conservative government, the NDP welcomes the Liberal government's decision to repeal Bill C-377 and Bill C-525. Today, I am proud to stand in the House in support of Bill C-4, a bill that would restore unions' rights to represent their members and to ensure that labour relations are respected.

In the last Parliament, despite public warnings from Canada's Privacy Commissioner, constitutional experts, and the Canadian Bar Association that these bills were very likely to be found unconstitutional, Bill C-377 became law anyway. Bill C-377 placed onerous, redundant, privacy-violating reporting burdens on unions.

Unions were already required to make their financial information available to all their members. While pushed under the guise of transparency, this sweeping bill would have had far-reaching consequences.

For example, anyone who took on a temporary contract with a union and was paid more than $5,000 would see their name disclosed on this database. Likewise, any company engaging in work with a union, such as a small business providing snow removal services, would see their company and the contract details posted publicly, potentially undermining their ability to negotiate other contracts. Let me say that in Ottawa, it snows quite a lot.

By the way, this ideological attack on unions did not come without a price tag. The parliamentary budget officer estimated that the Canada Revenue Agency would need approximately $21 million to establish this electronic database over the first two years and approximately $2.1 million per year to keep the database up to date and to maintain after that. That means repealing Bill C-377 would save Canadian taxpayers and unions millions of dollars per year.

With the passage of Bill C-4, we now would have the opportunity to put that money to better use, to protect Canada's rights as well as access to government services.

Some of my constituents struggle daily to make ends meet, even with a full-time job, some of them with multiple jobs. Others would like to work, but cannot access the workforce for a variety of reasons including their inability to secure affordable, quality child care. The savings from this could fund a number of much needed programs such as social housing, services for seniors, and programs for the most vulnerable.

Like Bill C-377, Bill C-525 was designed to weaken unions in Canada. It was a bill that aimed to solve a problem that in my opinion, did not really exist.

Bill C-525 amended the Canada Labour Code, the Parliamentary Employee and Staff Relations Act, and the Public Service Labour Relations Act in order to make it more difficult to certify a union and much easier to decertify one.

Prior to this bill, in order to trigger a union certification vote within the workplace, between 35% and 50% of the employees would have to sign a card indicating that they wish to become members of the union. Bill C-525 would have seen this threshold raised to 40%. Let me make it very clear, prior to Bill C-525, if 35% of employees signed a card, it only triggered a workplace vote, it did not automatically certify a union.

In order to certify a union during the card signing process, more than 50% of employees would still need to have signed a card indicating that they wished to be a member of the union. Their rights were respected and the process was legitimate. For workplaces that were already unionized, Bill C-525 attempted to make decertification of a union easier.

Bill C-525 would lower the threshold required to trigger a decertification vote to 40%. With these measures, it is clear to me that the attempt here was to make it more difficult to trigger certification and for simply ideological reasons.

New Democrats have long supported Canadians' right to freedom of assembly, as protected under the charter, as well as defending the value of the labour movement to working Canadians. It is no coincidence that as unionized rates in Canada have fallen, good-paying, stable, full-time jobs have gone with them. Collective bargaining has played an important role throughout history in ensuring that workers' rights are protected, that workers work in a safe environment, and receive fair pay and benefits for the value they bring to the workforce.

As these stable, secure jobs have been eroded in the workplace, what remain in Canada now are precarious ones, temporary contracts, and part-time work, which often are without benefits and have lower pay. Those are becoming the norm in today's workplaces. Just last year it was found that 52%, or over half, of all workers in Toronto, a major city in Canada, are in these precarious employment situations. Across Canada, these precarious positions are also disproportionately held by visible minorities and new Canadians, adding another barrier to their moving up the socio-economic ladder and achieving financial security for themselves and their families.

For a growing number of precarious workers, making ends meet is becoming increasingly difficult as the cost of living continues to rise and their wages do not keep up. Statistics Canada found that the lowest-earning 20% of Canadian households are now spending over 51% of their take-home pay just to cover essentials. Housing costs alone are now taking up nearly one-third of 20% of Canadian households' paycheques.

The impact of precarious work goes beyond the chequebook. Workers in precarious jobs are nearly twice as likely to report worse mental health than those in secure positions. The impact on people not knowing when their next shift is, of being subject to last-minute scheduling, and not knowing if they will still have jobs next month can lead to acute stress, poor nutrition, and weight gain. Studies have also shown now that workers are becoming trapped in precarious situations instead of moving on to stable, permanent positions. It is increasingly evident that they are stuck, going from contract to contract.

Employment instability, lower wages, and the lack of benefits have far-reaching impacts on Canadians and the economy. Poverty among seniors hit a historic low of under 4% in 1995 and that figure has begun to reverse as workplace pension benefits are eroded and Canadians struggle to save for retirement.

In 2013, poverty rates among seniors increased slightly to 11%. Poverty among seniors disproportionately impacts women, who are now experiencing poverty at the unacceptable rate of 30%. However, do not take the NDP or labour's word for it. Unionization was a key driving force in the past in addressing these issues. Indeed, in a study released just last year, the International Monetary Fund signalled a significant shift in approach, acknowledging that the role unions have historically played in addressing income inequality in society around the globe has been understated.

Research bodies are now showing that declining unionization rates are a significant factor in increasing inequality, especially among developed nations, including Canada. The IMF has now stated that the declining presence of unions has not only weakened the earnings and earnings potential of low- and middle-income earners, but that this has directly led to the rapidly increasing income share of the very highest earners, in particular, corporate managers and shareholders. Unions in Canada play a key role in the financial security of working Canadians and this can no longer be denied.

The Liberal government's decision to repeal these ideological pieces of legislation that would further harm the Canadian labour movement and the financial security of working Canadians is a welcome first step, but there is more to be done. The NDP will continue to push the government to repeal division 20 of Bill C-59 on sick leave, to reinstate a federal minimum wage, and to enact anti-scab legislation and proactive pay equity legislation. New Democrats will push for the repeal of the former Bill C-4, instead of being satisfied with just the current promise to review it. This legislation is also likely to be found unconstitutional and was another example of ideologically driven legislation to undermine fair collective bargaining.

Canadians can be assured that the NDP will continue to fight for workplace rights and against growing income inequality in Canada. Reducing inequality and improving the financial security of everyday working Canadians needs to be a top priority for the government.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 1:35 p.m.


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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Mr. Speaker, a secret ballot is an act of democracy, and by removing it, we are giving a yield of comfort to union leaders, not to workers.

Does the member agree that Bill C-4 is the repealing of an act of transparency and accountability that we provided and introduced in the previous government?

Canada Labour CodeGovernment Orders

February 26th, 2016 / 1:15 p.m.


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Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, I thought we were here talking about Bill C-4 today, so what I will do is talk about Bill C-4 and the government's priorities. That is what we are here to address. Clearly, its priorities are all wrong.

There are 100,000 Canadians who have lost their jobs in the last little while. We are seeing massive, ballooning deficits in just a few months under the government. It took it from a surplus to a massive deficit. Instead of trying to do something about that, it is talking about bringing in new carbon taxes. It is trying to create further uncertainty in our regulatory processes. The priority should be trying to deal with that, not trying to remove accountability and transparency from our unions.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 1:05 p.m.


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Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, it is a pleasure to rise today to speak to this bill.

As members of Parliament, it is important that we all have our finger on the pulse of the priorities of our constituents, and it is imperative that we set out to meet those needs on their behalf. For me, it has been the absolute honour of a lifetime to be able to serve the constituency of Wild Rose first and now Banff—Airdrie as member of Parliament. I want my constituents to know that I will always continue to fight for them and to stand up for their priorities and our great province of Alberta.

When I pursued public life, I did so because I wanted to give back to my community. My objective was to bring people together, whether in my riding or here in Ottawa, to help move great ideas from concepts into action, listen to Canadians, and deliver results. However, today I am here to talk about Bill C-4, one of the Liberal government's first priorities.

As an Alberta MP, my priority is to give a voice to a riding and a province that are severely impacted by falling oil prices, mass layoffs, and collapsing businesses. In addition to the Liberal mismanagement that we are seeing with a ballooning federal deficit, I was shocked to see the government put forward a bill, as one of its top priorities, aimed not at supporting workers or the more than 100,000 people who have lost their jobs as a result of the struggling oil and gas sector but, rather, a bill to please union bosses, which would reverse key transparency measures that our previous Conservative government put in place.

Specifically, the Liberal government is introducing, as one of its first priorities, legislation that seeks to reduce transparency for union bosses by removing a requirement that the leadership share how it spends its members' union dues and removing the secret ballot provision for trade union formation and abolition. I firmly believe that this bill is critically flawed. It is flawed in that it reduces the transparency that Canadians are demanding in all areas of public administration, and it does this at a time when the government should be focused on workers, not union bosses.

I would like to take this opportunity to share with the House what it is like at home in my riding and my province right now. We are living through one of the most significant downturns of our generation. More than 100,000 people have lost their jobs in Canada, with many now risking the loss of their homes and the lives they have worked so hard to build. Almost 40,000 of those job losses are in my province of Alberta. Alberta's unemployment rate has surged to 7.4%, surpassing the national average for the first time in nearly three decades. It is a very difficult time.

In the midst of this downturn, Albertans are feeling absolutely and utterly abandoned by the Liberal government. Instead of helping the people of my province, the government has, instead, turned to kneecapping the energy industry. The Liberals are adding further uncertainty to the energy industry through their new temporary, endless regulatory processes, raising the spectre of a new carbon tax, and imposing more and more obstacles for critical market access infrastructure that, I might add, would not cost the government a single dime.

Instead, the Liberal Party has taken the stance that, if it calls a sum of money “stimulus”, Albertans will keep quiet about the Liberals completely thumbing their noses at the energy industry with their new job-killing policies. I will say this: we are not going to stay quiet. I hear time and time again from my constituents and from the thousands of Albertans who work in the oil and gas sector that a plan for jobs and a strong economy is what we need right now, not a temporary, uncertain, and endless regulatory regime, and definitely not a new job-killing carbon tax.

The government should be focused on creating jobs. What we have seen from the Liberals so far is added uncertainty for pipeline development and certainly an unwillingness to stand up for our citizens who are in need of support. More taxes will not create jobs or help Albertans get back to work. Unfortunately, what we have seen, instead, from the Liberal government is that it is certainly a government that is fond of taking misguided approaches, which is what we are seeing demonstrated in Bill C-4.

The legislation is not focused on workers at all. In fact, it would do more harm to them. It is simply a step back for democracy, transparency, and accountability. There are so many reasons why it demonstrates how the government is going in exactly the wrong direction.

The legislation violates the fundamental principle of transparency. If the Liberals are truly trying to pride themselves on being more open, it boggles the mind as to why one of the first pieces of legislation they have introduced totally and absolutely contradicts that principle.

Bill C-377 saw the requirement for public disclosure of a non-profit organization. Requiring public disclosure by organizations receiving substantial public benefits is not a new concept. Canadian charities have been publicly reporting their spending for at least 35 years. Nonetheless, the legislation blocks the public from seeing how any benefits the government provides to unions are being leveraged. Why are the Liberals removing this level of transparency when public disclosure creates greater credibility and support for the legitimately representative work that unions do?

Bill C-4 would enable union bosses to direct their members' fees without having any accountability to their members. They would make decisions of advocacy and conscience under a shroud of secrecy without any accountability at all to their members.

If shielding the books from the membership, the actual workers, is not enough, with Bill C-4, the Liberals are also standing against a worker's right not to join a union.

The legislation would eliminate Bill C-525 and its provisions which support Canadians free choice of whether they want to be a part of a union free from intimidation. This is what Canadians should expect in our democracy. This legislation was put in place by our previous Conservative government to further support workers.

Bill C-525 also required union organizers to get expressions of support from a very reasonable 45% of workers in federally regulated sectors in order to force a vote on union certification. Bill C-525 also ensured that the subsequent vote would then be held by a secret ballot. If a majority of workers in that collective bargaining support joining a union, then certification would proceed. The same logical process would apply in reverse should workers seek to decertify a union.

We just came through a federal election. I would have been happier with a different result, but we again experienced one of the most surreal traditions of life in a democracy, a peaceful and orderly transition of power. We use a secret ballot in our democratic system. Although the government may be looking to change the electoral system, we surely do not hear it talking about changing the critical democratic piece of a secret ballot anywhere but in the labour movement. Five provinces already employ this method of union certification. Bill C-525 would simply apply it to federally regulated sectors. Abolishing the secret ballot would be an attack on the democratic process. All members of Parliament are elected by secret ballot, so why take that away from everyday workers?

Bill C-4 is a fatally flawed piece of legislation. If the Liberals really want to help workers and their families, they should consider some facts.

Commodity prices have contributed to massive layoffs across the country and our dollar continues to drop in value. In 2015, Canada's oil and gas industry lost $60 billion in revenue. That is equivalent to wiping out the Canadian auto sector in just one year. The IMF has downgraded its economic outlook for Canada. The household debt to income ratio of Canadians is now the highest in the G7. Canadians are suffering the consequences of these real challenges.

Unemployed Canadians are out there with no prospect of finding jobs. Working families are living with the fear every day that they will lose their jobs. Seniors are watching their retirement savings drop as the markets struggle.

These are the challenges that should shape and drive policy that we set here. Canadians expect their government to take action. We should be seeing initiatives to keep taxes lower so Canadians have more money in their pockets to make ends meet. Instead, we see a proposed carbon tax and we see measures to increase EI premiums and taxes, measures that would add further uncertainty on our natural resources regulatory processes, a ballooning deficit, and now we have a bill today focused on union bosses rather than their workers.

These are the priorities of the Liberal government and that just demonstrates that the government has its priorities all wrong.

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February 26th, 2016 / 12:45 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I agree, let us not talk just for the sake of talking. Let us get to the bottom of the issue.

I listened to the NDP member's remarks, and I want to salute and thank him. He said he supports Bill C-4 almost unconditionally.

Bill C-4 eliminates a secret ballot. Secret ballot voting is fundamental to democracy. That is how we, the members of the House of Commons, were elected. It is also a fact that we, the Conservatives, are not the only ones who think this way.

Here is what Robyn Benson of the Public Service Alliance of Canada had to say on February 11, 2013, and I would like to point out that there is no connection between that organization and the Conservative Party:

...PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action, as examples.

Why are the New Democrats, who were all elected by secret ballot, opposed to the secret ballot voting in our proposals?

Canada Labour CodeGovernment Orders

February 26th, 2016 / 12:35 p.m.


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NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, I am pleased to rise to speak to Bill C-4. Of course it goes without saying that I will be supporting this bill at second reading.

We spent the last 10 years under constant attack from the previous Conservative government with respect to workers' rights. Obviously I will be talking about Bill C-377 and Bill C-525, which were introduced in the previous Parliament. I will come back to them later in my speech.

There have been flagrant examples in recent years. It was almost an obsession. I am talking about the Conservative Party's attitude towards the workers at Canada Post and the CBC, just to name a couple. I think some people, especially on this side over here, often forget the many benefits brought about by unionization.

For example, a unionized worker earns on average five dollars more an hour than a non-unionized worker. Among women, that gap is even wider at $6.65 an hour. This translates into greater purchasing power and more money going back into the economy. Basically, it is good for everyone. This is not rocket science. I would also remind the House that we do not hear stories about tax havens when it comes to these kinds of wages and workers.

The purpose of Bill C-4 is to repair the damage from the Conservatives' attacks against workers. First, it prevents legal challenges. According to our analysis and that of the Privacy Commissioner of Canada, Bill C-377 went against the Canadian Charter of Rights and Freedoms. The courts would no doubt have annulled that bill because it violated the right to the freedom of association and violated the privacy of those who work for a union.

I find it rather insulting that the previous government decided to introduce a bill that it knew was easily revocable by a court. Why do that? Was it out of ideology, or flagrant disregard for workers and our institutions, including our courts? Maybe it was a cheap fundraising stunt on the backs of its supporters. We know that the Conservatives have a penchant for that type of thing. Unfortunately, we will never know, but fortunately we are here to undo the previous government's dirty tricks.

The Conservatives may have claimed that they introduced the bill in the hallowed name of transparency, but what they failed to say is that unions were already required to report their financial information to their members. That is a rather important detail that we do not often hear the Conservatives talk about.

Bill C-377 imposed detailed and costly reports and requirements on the unions. The Conservatives pushed the bill through, despite general opposition from the public, including constitutional law experts, the NHL Players Association, the provinces, Conservative and Liberal senators, which takes some doing, privacy experts, the Canadian Bar Association, and so on. We are not the only ones who are pleased to see Bill C-4 before the House and to see it pass quickly.

According to the parliamentary budget officer's estimates, implementing Bill C-377 would have cost much more than the $2.4 million that the Conservatives planned to give the Canada Revenue Agency. The CRA would have spent almost $21 million in the first two years to create the electronic database required and approximately $2.1 million annually to maintain the system. I have not even touched on all the hours that the unions would spend to meet these requirements, which would be added to their workload, instead of protecting workers' rights.

Therefore, the repeal of Bill C-377 will save millions of dollars for both the government and the unions. I would like to quote the national president of the United Food and Commercial Workers union, which represents NDP employees:

UCFW is pleased to see the government tabling Bill C-4. Our union campaigned vigorously against the Conservative Government's Bill C-377 in the last parliament. The bill was undemocratic, and part of the Conservative government's campaign against workers and workplace democracy. It was also a major invasion of the privacy of individual union members and it infringed on provincial jurisdiction over labour issues. Repealing Bill C-377 is positive for all Canadians as this bill would have been expensive for the government to implement and monitor.

That is what I wanted to say about one-half of Bill C-4. As for Bill C-525 , it sought to make it harder for workers to organize, while making it easier to decertify unions. What struck me about the bill at the time was that it was completely unfounded.

The government made changes to the labour laws without even proving that the old union accreditation method was a problem. I will summarize the facts.

About 10% of workers currently fall under federal jurisdiction. They are represented by a number of unions, such as public service unions, Unifor, and trade and construction unions. Before, a union was automatically accredited when more than 50% of workers signed a card indicating that they wanted to unionize. When 35% to 50% of workers signed a membership card, an election was triggered to determine whether the workers truly wanted to unionize. Bill C-525 wanted to change the threshold for triggering an election for accreditation from 35% to 40%. Furthermore, it would have also banned the automatic card check certification system.

This is yet more evidence of the previous government's disdain for workers' rights. This backwards attitude ignores the fact that, for example, the wage increases negotiated by the union inject hundreds of millions of dollars into the Canadian economy every week.

I want to get back to what I was saying earlier. One of the advantages of unionization is that it injects more money into the economy. When people earn higher wages, they consume more. We are talking about regular people, not Bay Street CEOs, who earn astronomical salaries and then send that money to some faraway island.

I applaud this bill from my colleagues opposite, who made a good decision to start their term by repealing these two harmful bills. That is a good sign. However, we must remain cautious, because this is only a sign. In recent years, my colleagues opposite waxed on and on about standing up for the middle class, but I must say that their definition of the middle class, which they are using for the tax cuts they promised during the campaign, is flawed. The threshold they use is rather arbitrary.

I would now like to talk about this dangerous new bug that everyone in the current Liberal government seems to have contracted, and that is “consultitis”. That is all well and good, and I understand that some issues require a lot of discussion and consultation with experts. However, there are also some issues that have obvious answers. The government could save time on those rather than getting caught up in this constant consultation. That is what I mean by “consultitis”.

The government needs to protect the middle class by taking meaningful action, not by spouting rhetoric and launching public consultations left and right. We have heard enough about consultation since this government took office. Talk is all well and good, but it does not put food on people's tables.

I therefore urge the Liberals to do more, to take more meaningful action. The benefits of doing so are tangible and easily verifiable, so let us get started.

The NDP will continue to exert pressure on the government to reinstate the federal minimum wage and vote in favour of the anti-scab bill introduced by my colleague from Jonquière. It is a common sense initiative, as is pay equity, obviously.

I find it very frustrating that problems like the ones I mentioned, which were identified decades ago, are still wreaking such havoc. Canada is a progressive country, which is obvious from our general attitude on thorny issues such as physician-assisted dying. However, I find that we sometimes drag our feet for no apparent reason. Everyone here recognizes that women and men are equals, but that belief is not reflected in our economy, where we see wage disparities that make no sense.

In closing, I realize that there are a lot of messes to clean up. After a decade under the Conservative dinosaurs, there is a lot of work to be done. That decade put us on guard. The NDP will certainly not be giving the Liberals a blank cheque, since everyone knows that they have a tendency to signal left during the election and then turn right once they take office.

Unequal distribution of wealth is not just theoretical. It is a very real problem that is beyond comprehension in a country as wealthy as Canada. Decent working conditions and decent pay are good for everyone. We all know the harmful and devastating effects of poverty. I am proud to belong to a political party that understands these issues and refuses to compromise when it comes to implementing effective measures to truly eradicate poverty and poor working conditions, which have no place in a country like Canada.

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.

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February 26th, 2016 / 10:50 a.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, as this is my first time to give a speech in the House, I would like to begin by thanking my wife and children for being a solid support behind me. I would also like to thank my campaign team, specifically, my parents and my siblings, who put in countless hours on my campaign, my best friend Dennis, who set up way too many signs and put about 6,000 kilometres on his pickup truck, driving around the vast riding of Peace River—Westlock, and my campaign manager John for helping me win this seat. It was a spirited campaign and I appreciate their help.

I stand today to address the issue of union transparency and employee voting rights. If left as it is, Bill C-4 would repeal two pieces of legislation that workers across Canada fought hard to achieve. Unions, employers and, most important, the employees have all expressed their belief that the certification and decertification of unions should be determined in a free and democratic manner. Our country was founded on this same principle, that those who are governed have the right to make their choice by secret ballot, a method that removes fear and ensures that workers are free from the threat of intimidation by both employers and unions.

The Liberal Party wants to reverse this. It is wilfully ignoring workers across Canada who have stated that they want the right to vote in secret. All of us in the House represent a group of constituents. We are here by their consent and by their vote, which was cast free of harassment and according to their conscience. How can the Liberal Party not allow workers across Canada this same right?

Before the Employees' Voting Rights Act came into force, union certification was heavily weighted in favour of unions. A trade union was automatically certified if a majority of the employees simply signed a membership card. This process lent itself to manipulation and abuse. Without a secret voting system in place, both employers and unions held a position of power over the employee.

The Employees' Voting Rights Act changed that. It put unions and workers on a level playing field. Union certification is now done according to the free and secret votes of a majority. Employees make their decisions through the privacy of a secret ballot and are less subject to intimidation.

Prior to the act, a 35% threshold was needed to create a union in a federal jurisdiction. Interestingly enough, a 50% threshold was needed to decertify a union. Under the Employees' Voting Rights Act, a 40% threshold was set to trigger a vote either way. The act successfully put equal weight on both the certification and decertification process, giving workers the right to determine whether their workplace should be unionized.

If the Liberal Party repeals this act, it will strip a democratic right away from our nation's workers. Clearly, the Liberals believe union demands take precedence over the rights of workers.

To expand on this topic, I have a number of concerns.

Many members of the House will agree that, historically around the world, positions of power can give rise to the abuse of power. Without checks and balances, the rights of workers are, without exception, open to abuse. This is the reason why democratic governments worldwide have legislation in place governing the certification of unions.

Preventing abuse of power is not a new concept. At the federal level, the United States uses secret ballot voting to determine union certification. The unions use secret ballot voting as a means of electing their union leaders. Polls among union and formerly unionized employees have consistently shown 83% to 89% support for secret ballot voting. This system is a widely accepted method of determining certification.

Why does the Liberal government want to repeal a law that keeps Canadian workers free from pressure, manipulation or intimidation from unions or employers?

It is interesting to note that five provinces already use secret ballots to determine certification. If the Liberal government repeals the Employees' Voting Rights Act, federally regulated workers will once again have fewer democratic rights than their provincial counterparts. Who wins in this scenario? Before the Employees' Voting Rights Act existed, union organizers and management held an unfair advantage over Canadian workers. If this law is repealed, it is the Canadian worker who loses. Any time a democratic right is repealed, our nation as a whole loses.

Bill C-4 poses another problem. It seeks to repeal a requirement for labour organizations to be financially transparent. Financial transparency is the bedrock of financial accountability. Why does the Liberal government seek to undermine worker and taxpayer rights to financial accountable unions? There is a public interest in this. Union fees reduce taxes and therefore affect all Canadians.

Union workers pay union dues, yet without this legislation in place, unions are not obligated to tell workers where and how this money was spent. Before and during the federal election, unions spent millions of dollars to fight the Conservative Party. Taking away financial transparency is nothing more than a Liberal measure to thank unions.

Again, who is the biggest loser if this law is repealed? The worker, the taxpayer, and our country. We are a nation that demands financial accountability of our federal, provincial and municipal governments, and our charities. Unions enjoy a wide range of tax benefits, and this special treatment impacts all Canadians.

I am sure each member of the House would stand by and proclaim the belief in the principles of transparence, accountability, and democracy. Yet, with the bill, the Liberal Party would do the exact opposite.

Let me be clear. This law does not regulate the activities of unions. Nor does it mandate how it spends their money. It does not violate any of the rights guaranteed by the Canadian Charter of Rights and Freedoms. What it does do is ask for limited disclosure of salary, benefits, and paid time spent on political activities. In short, it is the voice of the workers asking how the union is spending their money.

Financial transparency legislation for unions is not new. The United States, United Kingdom, Australia, Germany, and France all have this legislation in place. The Canadian labour organizations headquartered in the United States must already disclose financial information to the American government. Transparency is a deterrent. It is a means to keep abuse in check. It is a way to protect against corruption. Quite frankly, the fact that some unions and the Liberal Party wish to repeal this law leads me to question why. What are they hiding?

It may be in the interest of the House to know that in the United States, similar legislation led to more than 900 criminal convictions for inappropriate and fraudulent activity.

Unions in Canada receive public benefits. The taxpayers have a right to know how their money is spent. Union members have a right to know how their union dues are spent, and whether they are spent wisely and effectively. Currently this is the case. If Bill C-4 goes through as it is, Canadian workers and taxpayers will suddenly be left in the dark. Financial transparency is a good public policy. Secret ballot voting is a democratic right.

Bill C-4 is flawed. It seeks to repeal what Canadian workers and taxpayers have fought to put in place. Members of the House should remember that these same workers and taxpayers are the ones who chose them to represent them in the House.

I ask members to vote against the bill. When the rights are stripped away from Canadian workers, we all lose.

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February 26th, 2016 / 10:45 a.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, not all union members in Canada want their union dues spent to support a political party that they do not support. They want the protection of a secret ballot.

I am interested to hear the member explain how replacing Bill C-377 and Bill C-525 with Bill C-4 would do anything to protect the workers' rights.

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February 26th, 2016 / 10:40 a.m.


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NDP

Erin Weir NDP Regina—Lewvan, SK

Mr. Speaker, I am not sure exactly which motion or bill I might have been asked about, because I tried to address several in my speech. However, we are debating Bill C-4, so I assume the question is about that legislation. It really would improve collaboration by doing away with the most egregious Conservative attacks on working people and on unions, but it is clearly not enough.

As I said in my speech, if we really want to have balance in the workplace, it is important that the employer not be allowed to simply bring in replacement workers when there is a legitimate strike or lockout under way. Therefore, we also need to pass anti-scab legislation. I am very proud that it has come forward as a private member's bill.

I agree with my colleague across the way that Bill C-4 is a good start, but much more is required to really achieve justice for working people in this country.

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February 26th, 2016 / 10:30 a.m.


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NDP

Erin Weir NDP Regina—Lewvan, SK

Mr. Speaker, as we resume debate on Bill C-4 today, it is important to remember why unions matter. Unions provide better pay, pensions, and benefits. Unions provide healthier and safer workplaces.

Some would argue that, while unions might have been necessary in a Dickensian era, workers are now already protected by good regulations; but the reality in many workplaces is that labour and safety regulations are only really applied if a union is present to call attention to those issues. Unions give employees a voice in their workplaces, and that feedback is often very useful to management and, indeed, can help to improve productivity. Countries with higher rates of unionization enjoy better living standards, greater equality, and more stable economies.

I believe that the House should maintain an industrial relations regime that facilitates employees forming unions and bargaining collectively. Unfortunately, the former Conservative government did the opposite. Bill C-525 made it harder to form unions and easier to decertify them. The Conservatives would say that this bill is all about allowing workers to vote on their union status, but the Conservatives have not implemented a system that would allow elections in all workplaces across the country to determine whether employees want a union.

The Conservatives' supposed interest in workplace democracy only kicks in after workers have indicated that they want to join a union by signing membership cards. Bill C-525 essentially places another hurdle in the way of employees seeking to join a union, and this delay is not simply a matter of inconvenience. In far too many cases, it has provided an opportunity for employers to intimidate their employees and prevent unionization.

Moving on to Bill C-377, this legislation imposes onerous administrative requirements on unions. The Conservatives would have us believe that it is all about transparency. I think everyone in the House believes that unions should and do provide financial statements to their members. That happened for decades before this legislation was enacted, and it will continue to happen after it is repealed.

However, Bill C-377 went far beyond financial statements. It required unions to disclose and account for each individual transaction over $5,000. If the House ever applied that type of transparency to a business, the Conservatives would be screaming about red tape and compliance costs. Indeed, Bill C-377 would cost millions of dollars for the Canada Revenue Agency to administer.

One of the more clever arguments that the Conservatives made in this debate was that international unions operating in Canada are already subject to such requirements through the U.S. Department of Labor. Before the people of Regina—Lewvan elected me, I worked as an economist for the United Steelworkers union, and I can tell the House that Bill C-377 does not align with the American disclosure requirements and, in fact, goes far beyond them.

I am very happy to vote in favour of Bill C-4, but simply repealing the most egregious Conservative attacks on working people is not enough. Much more is going to be needed to improve the situation of working Canadians.

Often in this debate, the Liberals have spoken about the need for balance in industrial relations. One aspect of that balance is that in the rare cases where the collective bargaining process breaks down, both sides bear an economic cost. In a strike or a lockout, the employer must make do without the workers' labour and the workers must make do without their wages. Therefore, there is pressure on both sides to come to a resolution. However, if the employer can simply bring in replacement workers, that destroys this balance.

I am very pleased that my colleague from Jonquière has introduced a private member's bill to restore balance in this situation. In recent minority Parliaments, the Liberals spoke very positively about anti-scab legislation, but they never quite produced enough votes to actually pass it.

Now, the Liberals have a majority. They have the ability to pass whatever legislation they want, and how the Liberals vote on anti-scab legislation will be a crucial test of whether the government plans to live up its rhetoric about respecting workers' rights and strengthening the middle class.

Many other important workplace issues go beyond industrial relations. In the election, the Liberals promised to improve the Canada pension plan. It took three ghosts to convince Ebenezer Scrooge. When the Minister of Finance met with the provinces before Christmas, it took only two ghosts, Christy Clark and Brad Wall, to steer him away from improving the Canada pension plan.

As a proud Saskatchewanian, I found it rather strange that our premier used the downturn in commodities to argue against improving the Canada pension plan, rather than be in favour of improving employment insurance that actually would have helped the affected workers.

Despite all the Conservative rhetoric we have heard in this House about the need to respect the oil and gas sector, I think it is telling that Conservative MPs will not stand up and support better access to employment insurance for laid-off energy workers.

I am proud of the fact that the NDP is pushing for better employment insurance. In the election, the Liberals also talked about better employment insurance, but yesterday they were up speaking against our opposition day motion to achieve exactly that.

The specific Liberal objection was to a national entrance requirement of 360 hours. I would just remind the House that when the Liberals were on this side of the House, they were demanding precisely that policy. Now the Liberals are saying that regional differences in labour markets need to be respected.

Certainly those regional differences exist, but if someone is laid off in a region of high unemployment or low unemployment, they are still out of a job and they still need income support.

What the Liberals have not explained is why the entrance requirement is the aspect of employment insurance that should vary in response to regional differences. It is still the case that the duration of EI benefits varies according to the regional unemployment rate, and there is a logic that it probably takes longer to find a job in an area with a higher unemployment rate. The NDP motion would allow the duration of EI benefits to continue to vary according to regional differences.

There are also problems and lags in measuring regional unemployment. Regina is near the epicentre of the downturn in the oil and gas sector, yet the measured unemployment rate in my community is still low enough that the entrance requirement for EI remains at the national maximum of 700 hours.

Imagine individuals working part time for 25 hours a week, and imagine that they work for half the year. Well, 25 hours a week times 26 weeks is 650 hours, which is not enough to qualify for employment insurance. Individuals in Regina could pay into EI for half a year, and then when they are laid off, receive no benefit whatsoever. That is unfair, and that is why we need a national entrance requirement of 360 hours.

The NDP will vote for Bill C-4, but working Canadians also need the Liberals to vote for our opposition day motion to improve employment insurance, to vote for the private member's bill to enact anti-scab legislation, and to keep their promise to improve the Canada pension plan.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 10:15 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I understand that some accommodations were made with the other side to allow me to speak at this time, and I very much appreciate that.

I rise today to speak about Bill C-4, which would make very substantial changes to our labour relations environment.

For the purposes of my speech today, I will focus on one specific element of the bill, the secret ballot.

I believe in the importance of a secret ballot. On first blush, it would perhaps seem odd that, here we are in 2016, in the Canadian House of Commons with our long history of respecting freedom, human rights, the rule of law, and democracy, and yet it is necessary in 2016 to make arguments about the importance of a secret ballot. Frankly, we thought the argument on structural deficits had been won in the 1990s, and we thought the argument for the secret ballot had been won in the 19th century, yet the current government's actions force us to again make arguments, which to many perhaps seem rather obvious, about how essential it is to allow people to vote in private without someone else's scrutiny.

It is 2016, but I will say, unlike our current Prime Minister, I have more to say in favour of social improvement than simply stating the current date.

I would like to give some background about the certification process, and then make some substantive arguments about the importance of a secret ballot.

We have different systems for union certification, and the context we are talking about today, of course, is the secret ballot for union certification. We favour a secret ballot. We favour the idea that people should be able to express their political views in privacy, without scrutiny from other people. We think that is a good general principle of democracy.

However, in this particular case at least, the government and our colleagues in the NDP think differently. They favour a card check system, which involves a certification process where people are asked to sign on in a sort of semi-public way. Someone would ask a person to sign on, those cards would be collected, and then certification would happen automatically based on that card check process. In my view, this very much resembles the sort of 19th century public balloting system and has many of the same problems.

What are the substantive reasons of why a secret ballot is important?

I will start by talking about the right to privacy. People should have their right to privacy respected in matters of political opinion, and one might say in the matter of religious opinion as well, and on these deeply important, and for some people, personal matters. People should have the right to not have to express their opinions in public.

Of course, many people choose to talk publicly about their political perspective. Nobody has any doubt how I voted in the last election. However, just because some people wish to be public, it does not mean that others who wish to be more private should not in fact have the right to do so. We understand and respect the right to privacy in these cases. Without that privacy respected, many people would not have the ability to vote and be confident that there would not be some discomfort to them or some negative consequence.

I was recently in India talking about some human rights issues there. One of the issues in India is that a number of states have laws that require people who want to change their religion to declare so publicly, and then have the state review the process by which they came to that decision. In India, many have concerns about this precisely because of the fact that one should be able to keep those deeply held opinions private.

The argument was made in response that if people are confident in their own perspectives, why should they not be willing to declare them publicly? However, we obviously understand that on these sensitive matters, and that includes opinions about unions and union certification, people should have the right to have the privacy of their opinions respected, and a secret ballot effectively ensures that.

The second argument I will make in defence of the secret ballot is that secret ballots protect people from reprisals and help to avoid corruption. Here I think it is important to visit some of the history around how the secret ballot originally developed.

In 1867 in the U.K., the second reform act was passed, called “The Representation of the People Act”. This enfranchised a greater number of skilled workers.

This made the need for a secret ballot particularly urgent. There was a concern that tradespeople would be subject to undue and inappropriate pressure by their employers in the case of a public ballot. If, as the traditional public ballot system was, people had to go to the town square and declare who they were supporting in an election, skilled workers working for other people in trades and other areas might be subject to significant pressure from employers. This added to the concern as well that the tenant class, people who were working other people's land, might be the subject of eviction or threats of eviction if they voted against the interests of those who owned the land on which they lived.

The public ballot was a way of forcing people to not be able to exercise their political franchise in a way that was consistent with their interests because they were subject to threats of economic coercion and other forms of intimidation.

What is important about this history is that bringing in the secret ballot was an essential reform to protect the rights of working people, to protect the rights of lower-income people in the U.K. at the time of the second reform act. Yet perversely, we have political parties in the House today who claim to advocate for those working men and women, who do not understand how important the secret ballot was and continues to be for protecting their ability to express their opinion.

There was real fear of reprisals at the time. That has echoes in our debate today about the fear that people who are forced to vote in a public ballot may be subject to undue pressure and intimidation. That pressure could come from either side. In particular though, in a card check system that intimidation and undue pressure could come from those who are seeking to sign people up. Regardless of people's opinion on certification in a particular case, working men and women should be free to come to their own conclusions and to express their opinions privately without fear of reprisal.

Another issue at the time the secret ballot was introduced was concern about corruption. If people are voting publicly, it is much easier to offer inappropriate inducements to buy votes when one can actually check to see if they voted as they were paid to do so. The secret ballot, although it does not fully eliminate corruption, helps to ensure that sort of thing does not happen, because there is no way to effectively see if the vote that was bought was actually paid.

Protection against reprisals and corruption were important for bringing in secret ballots and they are important today for ensuring that secret ballots continue to exist in all environments.

The third point I will make in defence of the secret ballot is the importance of a vote being preceded by a process of deliberation in which people can hear arguments from both sides. Both sides should have an opportunity to present arguments in favour or against a particular proposition, in this case certification, before the date on which a vote takes place.

The card check system does not allow that deliberation to happen. The card check system means that the certification process could have gone all the way through in terms of getting all of those signatures before people who have a different opinion are even aware that that process is happening. It undermines the principle that there should be meaningful discussion and debate on both sides. The government seems to understand this principle on some issues, although imperfectly.

We disagree with the government's reluctance to have a referendum when it comes to electoral reform. We hear it make the argument that before any kind of hypothetical vote takes place it is important for there to be a long discussion about the different options and the pros and cons. Why does the government not believe that in the case of certification? Surely, the secret ballot at a specific time provides an opportunity for robust debate within a group of workers about whether or not certification in general, and whether or not certification with a particular union, is a good idea.

Many people might be surprised watching this debate today that it is necessary to make arguments in the House in favour of a secret ballot, that two of the three major parties in the House oppose giving working men and women a secret ballot on something as essential as union certification. We need to make those arguments. The government and the NDP just do not seem to understand how truly foundational, how important this is, how consistent this is with a right to privacy, how a secret ballot protects against reprisals and corruption, and how a secret ballot helps ensure that a vote is preceded by a process of meaningful deliberation.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 10:15 a.m.


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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, I reference the question to my colleague from Nickel Belt by the member for Kamloops—Thompson—Cariboo, in which she wanted a provincial example. The province of Newfoundland has gone from the secret ballot to the card check. All of the testimony throughout those hearings indicated that the card check was the best way. It is a system that has served this country well. However, it was imposed in this last government.

We know that constitutional experts said it was unconstitutional. Privacy experts said it breached the privacy of millions of Canadians, and the wife of the Speaker spoke against it. I will just throw that out.

Does my colleague agree that they were both ridiculous pieces of no good, uncalled for legislation, which we are repealing with Bill C-4?

Canada Labour CodeGovernment Orders

February 26th, 2016 / 10:05 a.m.


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Liberal

Marc Serré Liberal Nickel Belt, ON

Mr. Speaker, I welcome the opportunity to speak today on Bill C-4 and to ask my fellow members' support.

Bill C-4 would repeal two bills that have changed the labour relations landscape in Canada, and not for the better. We have said from the start that we believe in doing different things and in doing things differently. Supporting the middle class and those working hard to support it is a key priority of our government. Labour relations, positive and otherwise, have a direct and immediate effect on workers and employers.

Bill C-4 would restore a fair and balanced approach to labour relations in the country, an approach that would allow workers to make free and informed decisions. It is supported by both employers and labour, and it fosters stability. These are fundamental Canadian values that should be reflected in how we support Canadian workers. It is an approach that we can be proud of, unlike the previous Conservative government's “my way or the highway” attitude.

We know we are in trouble when we hear what respected labour leaders, like the president of the Canadian Labour Congress, have to say about Bill C-525 and C-377. He said that the bills “...were nothing more than an attempt to undermine unions’ ability to do important work like protecting jobs, promoting health and safety in the workplace, and advocating on behalf of all Canadian workers.”

The northern Ontario area manager of the carpenters' union said, “Our membership and staff are incredibly happy to hear the Federal Government has followed through with its campaign promise to repeal these [two bills]. The introduction of these Bills were self-serving and posed no benefits to our members who rely on [protecting the rights of the union workers].”

A third quote is from the Canadian union of operating engineers. It said, “One of the biggest key points to repeal Bill C-377 and C-525 is for our members privacy [...] We are a small union [representing] 14,000 members. The additional...cost associated [with making] these changes [with the] new rules will run in and around 3 million dollars, an expense [that this union] cannot afford. We agree with the government and believe these Bills [should] be repealed.”

Simply put, these bills have undermined labour unions and labour relations in the country. Bill C-377 creates unnecessary red tape for unions and could put unions at a disadvantage during collective bargaining. Bill C-525 makes it difficult for employees to unionize and easier for bargaining agents to be certified. Therefore, they trust the government's plan to ensure Canada's labour laws best serve employees and employers.

As a past union member myself, I understand how unions strengthen communities. They help to create a safer workplace, better working conditions, and help recognize the need for workplace health and safety committees.

I look forward to meeting every organized labour union in my riding of Nickel Belt and greater Sudbury, to hear, listen, and understand their issues. I recognize the important role that unions play in protecting the rights of Canadian workers and helping the middle class.

Unions play an important economic role and encourage companies to grow and prosper. They trust that unions can establish productive relationships between employees and employers. Therefore, we should trust the union movement in a fair and balanced way.

While unions are required to share a great deal of information about their operations, employers are not. An organization that does not follow the rules would be fined $1,000 a day, and up to $25,000. Why would a requirement like this be imposed on a labour organization and no one else? These bills single out and attack labour in Canada for no fair reason.

These measures discriminate against unions. Bill C-525 is a disaster. It replaced the card check system with mandatory voting. Unions are no longer certified automatically when a majority of workers sign membership cards. That complicates things for workers who want to unionize. Not only is it now more difficult for unions to obtain certification as bargaining agents, but it is also easier for them to lose their certification.

Who could possibly benefit from the new system? It sure looks like everyone loses. It was up to us to turn the ship around. We are acting in everyone's interest. We want to help the middle class, not hurt it. We believe that for labour policy reform to happen, there must be meaningful dialogue among unions, employers, stakeholders, the provinces and territories, and the Canadian public. We are walking the talk.

Repealing Bills C-377 and C-525 is the right decision. It is an informed decision that will restore fairness and balance to the world of work.

These two bills are nothing but solutions to problems that do not even exist. That is why I encourage all members of the House to support Bill C-4, which is in the best interest of all Canadians.

I ask members to think about what labour unions do for Canadians, and to think about the working Canadians who are trying to make a living and raise their family. Are decent wages and safe working environments something that members think Canadians can live without? Are positive labour relations between employers and employees important?

I ask members to think about the rights of workers to be represented and protected. I ask that members do the right thing and repeal Bill C-377 and Bill C-525, and restore a fair and balanced approach to labour relations in Canada.

I am proud to be part of the Liberal government that will repeal Bill C-377 and Bill C-525. I recognize the important role that unions play in protecting the rights of Canadian workers and helping the middle class grow and prosper.

The House resumed from February 16 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.

Business of the HouseOral Questions

February 25th, 2016 / 3:10 p.m.


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Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue with debate on the opposition motion that we began this morning.

Tomorrow, we will have the final day of debate at second reading on Bill C-4, concerning unions. I would like to note that the votes relating to this bill will be deferred to the end of the day on Monday, March 7, pursuant to an order adopted earlier today.

I want to sincerely thank my colleagues in the House for their co-operation in finding an agreement on this matter, and also on the ISIL motion, which was debated earlier this week.

Next week, as my colleague indicated, members will be working in their ridings.

On Monday, March 7, we will resume debate, at second reading stage, of Bill C-2 concerning a tax cut for the middle class. I would like to inform the House that Tuesday, March 8, will be an allotted day. On Wednesday, we will begin debate at second reading stage of Bill C-6 on citizenship, which was introduced this morning by my colleague, the Minister of Immigration, Refugees and Citizenship. On Thursday, we will begin consideration of Bill C-5 concerning public servants' sick leave.

Finally, Mr. Speaker, I know that you have been looking forward to this. Pursuant to Standing Order 83 (2), I would ask that an order of the day be designated for the Minister of Finance to present the budget at 4 p.m., on Tuesday, March 22, 2016.

LabourOral Questions

February 24th, 2016 / 3:05 p.m.


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Kildonan—St. Paul Manitoba

Liberal

MaryAnn Mihychuk LiberalMinister of Employment

Mr. Speaker, we want to clarify that Bill C-4 is here to reset a stage that is fair and balanced. Each individual collective bargaining unit can decide on its own system that it chooses to use, whether it is the card system or the voting system. The point of Bill C-4 is to bring fairness and balance, something that was missing because of the other side.

Canada's Contribution to the Effort to Combat ISILGovernment Orders

February 23rd, 2016 / 4:45 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, unfortunately, my further thoughts on that are that this is part of an emerging pattern. We saw a number of places where the Liberals were making certain professions during the campaign that were designed to tap into a sense of malaise with Canadians about how the previous government was behaving and policies it had undertaken. To be sure, some of those have been acted on.

We have been happy to see the reinstitution of the long-form census, for instance. I was pleased to stand and speak in favour of Bill C-4.

However, on some other things, like EI reform, making a commitment to expand the CPP, those were commitments that the Liberals made to capture a spirit of reform, a different kind of reform, a left-wing reform. I do not want members beside me to get too excited as I talk about reform.

We now see that they are all too slow to act. I hope that does not mean that they will not act at all.

LabourOral Questions

February 19th, 2016 / 11:50 a.m.


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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, my colleague across the way is right to state that the previous Conservative government had organized labour in its crosshairs. We saw that time and again, with Bill C-377 and Bill C-525 for example, which I am very pleased that our minister's first piece of legislation, Bill C-4, will repeal.

We will continue to work on labour issues, fair wages, and the definition of danger. Those are important issues and we will continue to pursue them as we go forward.

Steven MacKinnon Liberal Gatineau, QC

Thank you, Mr. Chair.

First, I think that we have discussed the minimum guaranteed income in some detail. I would like to thank Professor Forget for being here today. We now have a better understanding of the matter.

I have a question for Ms. Baldwin, as well.

As you know and as my colleagues know, I represent many federal public servants here, in the National Capital Region. People have often spoken to me about sick leave. As we know, the previous government used an omnibus bill to pass a short-term disability or benefit system. We are now proposing Bill C-4, which aims to repeal these legislative changes.

Since we are putting things on the record, as my colleague Ms. Raitt said, I would like Ms. Baldwin to describe for us the Public Service Alliance of Canada's position on this issue.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 6:30 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, speaking to bills is part of parliamentary procedure and I am pleased to do it. Any number of bills can come forward, including omnibus bills.

The fact of the matter is that we often hear people discussing the 460-page budget bill. We should be more than willing to read through 460 pages of legislation if we are here to do our job as parliamentarians. I am more than happy to read through any number of documents that come before the House, and I try to read every bill that we vote on, including Bill C-4, which I have read from cover to cover. It is a bad bill and it is not reflective of the hard-working union members in my riding and the hard-working union members I spoke to throughout the campaign and after the campaign.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 6:20 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, I am pleased to rise in the House today to speak on Bill C-4.

We heard a lot from the other two parties about the importance of unions and the union environment, and I agree. Unions play an important role in our society and our economy, but they also have to keep up to pace with the modern society and modern economy that we now have in the 21st century.

I am proud to have been a long-time union member. I was a member of the Public Service Alliance of Canada, PSAC. I was a member of the Canadian Association of Professional Employees. I was also a member of CUPE. I know first-hand about being a member of a union and the benefits that union membership does bring to a number of people in the workforce. However, at the same time, it is also essential that unions are subject to a fair and effective regulatory process to ensure that unions serve their members and not just their union bosses. Bill C-4, however, would remove such regulations and protections, and that is why I will not be supporting it.

The current Liberal government brought Bill C-4 to repeal two private members' bills passed by the 41st Parliament: Bill C-377 and Bill C-525. While the other parties make some obscure claims that these bills are attacks on unions, when one actually reads the bills, it is very clear that it is simply not the case.

Bill C-377 amended the Income Tax Act, requiring union management to file a standard set of financials each year to be posted on the CRA website. These requirements are not unreasonable. In fact, if a union boss were proud of the work he or she was doing, he or she should be more than willing to show his or her strong financial management within his or her union environment.

Bill C-377 was carefully examined by Parliament through the private members' bill process. It went to the House of Commons Standing Committee on Finance, where many groups expressed their support for the bill, including the Canadian Taxpayers Federation, the Canadian Federation of Independent Businesses, and Merit Canada.

The transparency requirements introduced in Bill C-377 do not weaken unions. In fact, they empower union members. Union members and all Canadians are able to receive quicker and easier access to information on how their mandatory union fees are being used. This is essential. Union fees are not optional; they are mandatory. What else is mandatory? Canadian taxes.

We as parliamentarians all spend Canadian tax dollars with our expense claims, and we as parliamentarians post our expenses online for our constituents to see. Union dues are the same. They are forced mandatory fees, and Canadians and those who pay fees should have access to that information, especially when these fees are being used to undertake political activities.

Mandatory union fees should be used to support and protect the wages, rights, and benefits of their members. However, for purposes beyond that, members should be entitled to know where their money is going and how it is being spent. It is imperative that those who are forced to pay union fees have easy access to that information so they can hold their representatives and their directors accountable. It allows members to ensure that their union leaders are spending their hard-earned money in a way that is responsible and not for the personal or political gain of union leadership.

As I said at the outset, I am a former union member. In 2012, I was a member of PSAC, Local 610. In that year, we saw a provincial election in Quebec, and PSAC came out and openly endorsed the Parti Québécois in the Quebec provincial election. Here we had PSAC, a federal government union, supporting tens of thousands of federal public servants, openly endorsing a separatist party in Quebec. As a union member, I was disgusted by that. I was disgusted by the fact that my union would go out and openly support a party that had no other raison d'être than ruining and breaking up this country. It was unconscionable that it happened, but it did.

During the 2014 provincial election in Ontario, because my wife is a nurse and a member of a local union, our home voice mail was constantly flooded with union messages telling us whom we should not be voting for. They did not go so far as to tell us who we should be voting for, but they simply told us that one particular party would cause all kinds of job losses. Of course, now we are seeing those same job losses under Kathleen Wynne in Ontario, but the union seems to be quiet on that particular subject.

Here is the thought: these unions need to be accountable to their members on how they spend in a clear and transparent manner, especially when we are talking about political activities undertaken by union membership with forced and mandatory union dues.

I want to talk briefly now about Bill C-525, which amended the Canada Labour Code to require certification and decertification votes to be held by secret ballot. This protects individuals from undue pressure and intimidation, and it allows secret ballot for workers to decide how they want to be represented, and not to be pressured by their co-workers or union bosses.

I have been listening very closely to the arguments on the other side against the secret ballot, and I have yet to hear one single coherent answer on what is wrong with the secret ballot for certification and decertification votes. We have heard our other members suggest how secret ballots are used in other types of union activities and why there is such an inherent challenge with using secret ballots for a certification vote. We just simply have not had an answer on that. The secret ballot is a fundamental element of a fair and democratic process. It is something that I, as a parliamentarian, am proud to stand for and proud to endorse. Bill C-525 and Bill C-377 were not attacks on unions. However, Bill C-4 is an attack on accountability and transparency.

In his letter to Canadians on November 4, 2015, the Prime Minister said, “That is why we committed to set a higher bar for openness and transparency”. The government across the way claims to be all for openness and transparency, but if it were really for that, it would not be going ahead with the repeal of these two bills. It is very clear that openness and transparency is a mushy subject for the Liberals across the way, and how they selectively choose to define it is really up to them, it seems.

Finally, I want to talk about that canard that we have been hearing time and again from the Liberals across the way, that private members' bills are somehow a way of getting legislation in through the back door. I am proud to be a member of this House. I worked hard to get to this place. We knocked on more than 30,000 doors in Perth—Wellington, and I am proud to come in through that front door and to represent my constituents in Perth—Wellington here. I am proud to have the ability, as a private member, to introduce legislation that I feel supports the people of Perth—Wellington and supports the people of Canada as a whole. It is disgusting that the Liberals would refer to this as going through the back door of legislation. We have rights as parliamentarians, and I am proud to stand on behalf of those rights. I am proud to be a member of a party that saw, under the Conservative government, more private members' bills pass in the 41st Parliament than at any time before then.

I am proud that our party allows free votes on private members' business, and on votes of conscience for that matter, unlike the members across the way. I am proud to be standing in this House, representing the people of Perth—Wellington, and I am proud to be voting against Bill C-4, which would be a step backward for openness and transparency.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 6:05 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, it is a pleasure to rise today to speak to Bill C-4. As a member who was elected to the House right off the job site and a proud member of the International Brotherhood of Electrical Workers, I am very pleased to be speaking to this legislation.

We have heard a lot in the debate. The hon. member was just talking about the executive and the membership. I come from a union where the rank and file were quite upset with Bill C-377 and Bill C-525. They wanted to see them go. They go to their monthly meetings and discuss what kind of spending is going to happen at the executive level, right down to approving the credit card bill, on a monthly basis, of the people who work in the office. I do not think there is any doubt in the minds of most members of my union that they have the opportunity, not just to get the information about how their local union is spending money, but also to have a say in open meetings.

There is a fabricated argument for transparency. For those who need the transparency because it is their dues money being spent, they have access to that information and have had access to that information. In that sense, the bill was a solution looking for a problem.

The executive in my union know well that the power they have when it comes to working with industry, finding jobs for members and making sure that members get fair pay and good benefits for the work they do, does not come from any particular piece of legislation. Obviously, like any other good institution, we need enabling legislation, not persecuting legislation, as I would say Bill C-377 and C-525 are. The power of the executive of my union comes from the membership. It comes from the good work that we do every day. It comes from the quality product that we produce on site. It comes from the extra training that our union provides to our members so that we are out there being the best in the industry. That is why our contractors, like the electrical contractors of Manitoba, have worked quite collaboratively with my local. They know that our union is providing added value to the projects they do, and frankly that we are making them more money. That is what we hear in the dialogue with our contractors.

I am in a tight spot, because of course I do not want to be unparliamentary. I do not want to attribute ulterior motives to any particular party. However, the level of ignorance that one would have to attribute to people making some of the arguments I have heard in the chamber today, such as ignorance about the way that unions work, about the relationship in the building trades between the unions and contractors, verges on unparliamentary. Therefore, I am feeling in a bit of a tight spot.

I do not want to do any of that, so perhaps I will talk instead about the degree and extent to which the legislation has to be seen not just on its own. If we consider it on its own, then some of the red herrings we have heard today may be effective. However, we need to consider it in the context of a government program that brought in Bill C-377, Bill C-525 and Bill C-59. When railroad workers were going into negotiations with their employer and Canada Post workers were going into negotiations with their employer, they were threatened. Sometimes before they even had the strike vote, they were threatened that they would be legislated back to work.

We need to consider it in the context of a government, some of whose members were making comments such as we heard again today from members from the Conservative Party, criticizing the Rand formula and mandatory union dues. We need to consider it in the context of a government that limited access to EI so that workers were more afraid of challenging their employer, because in the case of a layoff they would not be able to pay their mortgage and feed their families. We need to consider it in the context of a government that refused to talk to the provinces when they asked to increase the Canada pension plan, so that employees who were ready to retire could not leave the workforce, putting downward pressure on wages and blocking opportunities for young people to be promoted within their companies. When we consider it in that context, it is impossible to say that those bills were not meant as an anti-union program. It had very little to do with anything that was coming from the rank and file of labour unions, and everything to do with a government that was working hand in hand with employers to put downward pressure on the working conditions and wages of Canadian workers.

That is part of why these bills were so shameful. It is not just for the content of the bill; we have heard a lot about what was wrong with the content of the bills. They were part of a deliberate and sustained program to make life harder for Canadian workers so that corporations that were already, over that timeframe, making record profits could add a little more to their margins. In a time when corporations were seeing their tax rate go from 28% to 15%, they could squeeze a little bit more out of their workers.

When the economy is working well, we have labour peace. We have labour peace, not when employees are being held under the thumb of their employers, but when they are free to negotiate collectively with their employers and work for fair wages and fair benefits. We know that the union movement, over time and today, contributed to that and contributes to that. We know by the behaviour of many employers, and I dare say even some governments, that if we did not continue to have a strong labour movement in Canada, we would soon lose those gains that were hard fought and hard won over the last 100 or 150 years. That is why we on these benches are concerned to see a legislative environment that allows the union movement to thrive.

We hear sometimes that times were tough and we may have needed some unions to help with workplace conditions, but by and large really, prosperity just spontaneously came out of the industrial revolution. Forgotten in that account is that the organization of workers went hand in hand with that, and it was not until workers were organized that those gains actually came.

I think we need to be careful that we not give credit for the accomplishments of the labour movement to employers that would still be, and we know that they would still be, treating their workers in the way that they treated them in the 19th century. In parts of the world, the very same employers, operating in Canada in some cases, are treating their workers in other parts of the world as if it was the 19th century.

We would have to be very naive indeed to believe that, if there was not the legislative framework and if there was not the strong labour movement that we have had in Canada here, those same employers would not get the idea that maybe they could treat their Canadian workers that way too. I think we need to be very careful that we not attribute the good conditions and the good wages that some Canadian workers continue to enjoy to the benevolence of their employer, but acknowledge that those were gained hard fought and hard won.

I would say that in their more enlightened moments, some employers, like some of the employers that I am glad we have in the electrical industry in Manitoba, know that it has been overall good for them. It has created a customer base. Employees who have disposable incomes can afford their homes and are not worried about their families. They have child care. We can get into all the issues, but largely workers, well paid, well fed, and well housed are more productive, and that is good for Canadian employers.

Again, I think it speaks to the shame of the previous government that it would have sought unsolicited, except maybe by some employers, but certainly not by a groundswell of Canadian workers, to disrupt that partnership that had developed. This is not always easy. We had arrived at a place in Canada where at least some workers, and usually unionized workers, were getting a fair return on the work they did and that employers were benefiting from having those productive workers.

I do not think it is the place of a government to go and intentionally disrupt that. We can talk about what is in the particular context of those bills. I do not think it is very good, but certainly when we look at the larger context, that seems to be the case. It is one of the reasons I ran. I did not think we could tolerate having a government that bent on disrupting that relationship between the labour movement and employers and making sure that workers got their fair share. It is why I can hardly wait to stand in favour of the bill.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 5:45 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I want to thank all of my colleagues on this side of the House for the clarity they have brought to this debate.

It is clear that Bill C-4 goes against the principles of transparency and accountability and against the wishes of many union members themselves. I am wondering if my hon. colleague would comment further on this.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 5:15 p.m.


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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Madam Speaker, it is a pleasure to be here. For the people who are watching from home, it is a bad day in Ottawa outside of this place. The snow is falling and they are predicting over a foot of snow here. Traffic has come to a halt almost, yet it is warm in here.

We are discussing Bill C-4, and it is always a pleasure when we can stand and debate the issues.

It is kind of a bad day in here as well for the governing party. One of the first things the Liberals did was take away the First Nations Financial Transparency Act. The second thing they did was pull our troops out of the war against ISIL. Now they have Bill C-4.

The majority of people in my riding of Battle River—Crowfoot would oppose Bill C-4.

Bill C-4 is 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. As we have already heard today, the previous Conservative government already passed amendments to the Labour Code and these three statutes.

The amendments improved two key laws on democracy and union transparency. Bill C-377 provided more accountability for union leaders. Bill C-525 required the holding of a secret ballot for the creation or abolition of trade unions. Now the Liberal government is saying, who needs secret ballots?

What about accountability? The Liberals have never liked accountability. That is why it was up to the Conservative Party to move the Federal Accountability Act as our first measure when we formed government.

As a government, we stood up on behalf of union workers. I remember the day the member brought this forward as a private member's bill. He came around and spoke to us. He talked about the union workers who had said they were having difficulty getting that type of accountability or knowing where their money was being spent.

Everyone knows that some Canadian workers are forced to pay union dues. Until the previous government took action, union bosses, those people who are in charge of the management of a union, did not consult the workers about decisions they had made on behalf of them. Union bosses were not held accountable for their management of the union dues they collected. There was a lack of transparency and accountability when it came to the actions involving where those dollars were to be spent.

There were no rules or regulations that said that the leadership was under any obligation to open the books so union members could see for themselves the various ways that the union leaders were spending union dues. Canadians could not see how much money was raised by any given union. Canadians could not see how any given union was spending its money. It was one big secret.

Sometimes the secrecy extended to union members themselves. They could not see the books of their own union. Some unions would allow members to see the books at a union meeting. Sometimes one had to ask to see the books of one's own union. Imagine anyone doing that. In all honesty, imagine a worker risking being blackballed by the union. The union could very well ask members why they wanted to see that, what they wanted, and what they were looking for. It could ask if there was there something that was bothering them or ask why they needed the information because nobody else had asked for it. Now all of a sudden the union member is the one who is almost guilty of wanting transparency. Too many union members could be intimidated to do whatever was necessary to try to see the books.

Not all union members are accountants. They do not all have commerce degrees. They are not all able to look at the books on the screen and have the union bosses stand over them, or take it home. They wanted the ability to see where some of their dollars were being spent. They may not be able to read the 100 pages of a document, while union bosses are standing over them trying to figure out what part of the document the member might want to see and for what reason he or she might want to see it.

I remember when Mr. Hiebert asked me to support the bill. He talked about the number of members who had come to him in regard to it. He had studied it. He had thought there must be more transparency than there was. He worked with opposition and government members, and he tried to drum up support for his private member's bill.

A lot of the new members across the way will find out about the process of a private member's bill. First, they will find out how difficult it is to be in that lottery and to get their name drawn, and then how difficult it is to actually work it through, especially in a majority government. I remember Mr. Russ Hiebert doing that.

I also remember union people coming in on both sides, questioning why we were doing it. I remember both union bosses and members thanking us, saying that it was about time.

The legislation he brought forward in that private member's bill lifted the veil of secrecy off the union spending. Any union member, from the comfort and safety of their home, could see their unions' books, could go through it line by line, and see where the money was being spent.

We simply made it so the leaders of the unions would make public their decisions concerning the expenditure of the union dues they had collected and any other monies that were given or raised by the union.

I think Canadians would agree that this was a fair measure. A union is a public institution. It is not a profit-chasing corporation competing in the marketplace where there may be some secrets as far as marketing their product. I think most Canadians realize that charities have to do it, as do many other different groups. It is reasonable.

The second change that the previous Conservative government made to the way that unions were run in Canada was to increase the level of democracy in how unions operated in Canada. We are a democratic country. We take very serious our democracy. We govern ourselves using the method of a secret ballot. This provides a voter with the highest level of democracy and the most freedom.

Canadians would agree that unions should also conduct their affairs at the highest level of democracy. We made the change to stop workers, union members, from having to publicly inform their colleagues whether they may actually support their union, or whether certain changes that they wanted within their union did not force them to stand up publicly when a secret ballot could really have them voice their concerns.

Our changes freed workers from pressure. Both before and during the election campaigns, unions spent millions of dollars to straight partisan ends. Union bosses can do that because they are under no obligation to tell anyone if they did. My wife is in a union; she is a registered nurse. She told me about the day, and I think it was before I was elected, when the union boss came from Edmonton to our little town and told the registered nurses how they would vote. She was sitting in the meeting. She questioned it. All of a sudden there were hums and haws, but it was intimidation. Union bosses can do that because they are under no obligation for anything.

Some unions do tell what they will do and how they are involved, but some union bosses proudly provide details of how they spend union dues fighting a political party that in some cases supported many members of that very union.

I believe, with all due respect, that the measure we are debating today is payback to the unions for them showing up when the now Prime Minister made announcements. We saw the emails. We saw them go out. They would say that Justin was in town, that they needed 100 people in the picture. I think we are now seeing some of that payback.

Other unions do say how their money is being spent. Again, we wanted to see transparency. We want to see measures brought forward so that democracy was enhanced even within the unions.

Our previous government gave union members the right to know what was going on within their union. It also gave them the right to vote. Why? Because the union is an important institution. The union, in some places, can intervene on behalf of their workers. When we do not have transparency, pretty soon we have an institution that crumbles.

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February 16th, 2016 / 5:15 p.m.


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NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Madam Speaker, I stand here as a member of a party that does believe that anti-scab legislation works, and there are models to prove that. It works for workers and it works for communities. It also works for industry in being able to avoid the conflict and tension that comes from labour disputes all too often.

As I mentioned earlier in my speech, Bill C-4 as put forward by the government is a good first step but there is a lot more that we would like to see the government do, including the repeal of division 20 of the Conservative omnibus budget bill that attacks workers' rights to sick days, including implementing proactive pay equity legislation immediately, and looking at the need to implement anti-scab legislation.

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February 16th, 2016 / 5 p.m.


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NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Madam Speaker, I am proud to rise in this House and speak to this important bill. As somebody from northern Manitoba, I am proud to come from a union town, Thompson, a proud mining town where we all know clearly how important it is to have a strong group of unions in our community. I am also proud of the role that unionized work has played in my family. My dad was a member of the important union in our community, the steelworkers, as was my grandmother. I know what it means to grow up in a household where union work means families and communities being better off.

I am also proud to rise in this House as a New Democrat. The NDP of course is a party that was born out of a labour movement, and it has always stood up for unions and the rights of Canadian workers. We have proudly voiced our fervent opposition to the former Conservative government's attempt to restrict the power of unions and to make it more difficult for workers to organize.

Unions have been a key player in the fight against inequality in our country, and they have been essential stakeholders in pressuring the government into implementing key policy changes that have benefited our entire society. From workplace safety regulations to the weekend, we must not forget the good that has come from the victories of the labour movement.

It is the labour movement, especially in a world where the middle class and the working class are shrinking in size and influence, that is a necessary counterweight to the corporate greed that has been disproportionately rising in power over the last three decades. Therefore, it will come as no surprise that I rise in this House along with my colleagues to express our support 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. We welcome the actions taken by the government and will continue to fight for the rights of working people who were undermined by the previous government for so long.

Bill C-4 would repeal two pieces of legislation, Bills C-377 and C-525, that were pushed through by the Conservative government in the last Parliament. These two anti-union bills were designed to make it harder for Canadians to join unions in the federal sector as well as to fundamentally weaken the power of unions by forcing redundant and unreasonable financial reporting. Both bills have been met with widespread opposition and criticism from many groups, including constitutional and privacy experts, the provinces, Conservative and Liberal senators, Canada's Privacy Commissioner, the Canadian Bar Association, and, of course, hard-working union members and workers across the country.

Bill C-377 forced unions to file information on the Internet about the salaries of their members as well as the unions' labour and political relations and activities. This bill was put forth by the Conservatives under the guise of increased transparency, they said. However, it is crucial to note the fact that unions are already required to make their financial information available to all their members. Furthermore, the NDP as well as the Privacy Commissioner of Canada believe that the bill goes against the Canadian Charter of Rights and Freedoms. It violates the right of freedom of association and the private lives of all who are members of a union. In addition, Bill C-377 would cost Canadian taxpayers an estimated $21 million just to establish an electronic database needed to store this information about union members, and it would cost the Canadian public $2.1 million each year after that. By repealing this piece of legislation, it goes without saying that both the Government of Canada as well as unions themselves would be able to save millions of dollars annually.

Bill C-525 proposed to drastically change the process through which unions under federal jurisdiction become certified. The bill increased the number of membership cards needed to certify a union and eliminated the possibility of forming a union through a majority card check. Prior to this legislation, a union was automatically certified if more than 50% of its employees signed a card indicating that they wanted to be part of a union. However, Bill C-525 outlawed this process. Because of this, the bill makes it harder for workers to unionize while making it easier for unions to be decertified. As such, Bill C-525 leaves workers vulnerable to intimidation by employers or third party members.

Yes, Bill C-4 would be a step in the right direction, but there is still much work to be done to ensure the rights of workers and improve working conditions for all Canadians.

Now I want to acknowledge the fundamental role that unions play in Canadian society through the protection of Canadian workers, the promotion of health and safety in our workplaces, and the role they play as the collective democratic voice for working people. I want to stress the fundamental importance of unions in providing education about workers' rights and standing up against workplace bullying and harassment.

Unions have been trailblazers when it comes to ending all forms of discrimination. They have been at the forefront of fighting for women's rights, LGBTQ rights, and the rights of racialized and indigenous peoples. They contribute to democracy by giving workers collective bargaining power, thereby lowering inequality in our country.

Furthermore, a new study done by the International Monetary Fund, perhaps an unusual source for such information, indicates how increases in income inequality can be directly linked to the decline of rates of unionization. This is particularly shocking considering the IMF has actually contributed to decreased levels of unionization itself.

Moreover, a decline in unionization correlates to weaker employment laws, leaving workers vulnerable in terms of their rights and more open to exploitation. Unionization helps to equalize the distribution of wages. Higher wages negotiated by unions inject an additional $786 million into the Canadian economy each year. On average, the hourly wage of a unionized worker is $5 higher than that of a non-unionized worker. For women, that difference goes up to $6.65 an hour. Because of this, it is paramount that the importance of unions be recognized and respected accordingly.

As previously expressed, Bill C-4 is a good first step, but New Democrats are disappointed that some major actions are missing from this bill. The NDP will continue to push the government to restore good faith bargaining with public service workers, starting the repeal of division 20 of the Conservative omnibus budget bill, Bill C-59, that attacks a worker's right to sick days.

Furthermore, New Democrats call upon the government to reinstate a federal minimum wage and to adopt anti-scab and proactive pay equity legislation immediately. The NDP will also push the government to repeal former Bill C-4 rather than just review it. This contentious legislation has been called unconstitutional, as pointed out by many, and is said to stack the deck in the government's favour by undermining fair collective bargaining.

I wish to thank all the workers, union members, labour activists, and advocates who made the repeal of these pieces of anti-union legislation possible. As a member of Parliament for the NDP, as well as the critic for jobs, employment and workplace development, it is important for me to show solidarity for our union brothers and sisters.

All those who believe that unionization is outdated need only look at how productivity gains have been divided between labour and capital over the past 30 years or so. Nowadays, capital compensation is completely out of proportion with performance, compared to the low pay labour receives. Speculation is valued more than the production of goods and services. This trend has increased in proportion with the decrease in the rate of unionization in society.

As I reiterate my support for this bill, I would like to send a clear message to the government. The structural problems that the middle class and workers in Canada are facing go beyond the scope of this bill. The fight against inequality requires a structural review of government operations, and the country is counting on the new government to do just that.

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February 16th, 2016 / 4:45 p.m.


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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I am glad to have the opportunity to rise in the House today on behalf of the many union members who live in my great riding of Kitchener—Conestoga. My riding is home to many union members. In fact, many of my good friends and family are union members.

The Liberal Party would have Canadians believe that the Conservative Party of Canada is anti-union. That is ludicrous. We on this side of the House are pro-worker, pro-accountability, and pro-transparency. Bill C-525 and Bill C-377, introduced by the previous government, made much headway in increasing both union member and non-union member confidence in unions.

One of the things I found troubling earlier this morning was my colleagues' statements on the opposite side of the House that the introduction of our legislation as two private members' bills was a back-door method of legislation. On this side of the House, we value all our members in the House, backbenchers and front benchers. Our government's record on private member's bills is better than any previous government's. The two private member's pieces of legislation that I was privileged to introduce were debated in the House and then passed into law. I will forever be grateful that as a private member I had the opportunity to introduce those bills and to see the support for them in the House and to know that they are now part of our government's legislation.

As a brief summary of the legislation the Liberal government is planning to repeal via Bill C-4, Bill C-525, the Employees' Voting Rights Act, was introduced by my hard-working colleague, the member for Red Deer—Lacombe. The legislation made it mandatory that a secret ballot be conducted for the accreditation or revocation of a trade union, rather than the automatic certification of a union when a majority of employees, 50% plus one, sign their membership card. The legislation strikes a balance by creating the same process when it comes to unionizing a workplace and to revoking a union according to the employee wishes. The decision of whether to unionize rests with the employees, not with the union and not with the employer.

I would like to pose a few questions to my colleagues across the floor. First, why is the Liberal government so against secret ballot voting? We know that the Public Service Alliance of Canada, or PSAC, stated at the committee charged with studying Bill C-525 that it uses secret ballot votes for internal elections and for the ratification of settlement agreements from collective bargaining. The president of PSAC, Robyn Benson had this to say:

Contrary to what you may have heard, PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action, as examples.

Furthermore, when asked if she believed that if there were to be a secret ballot vote, it should be 50% plus one of all employees, not just those present, her answer was yes, that she agreed.

Every member in the House was elected by a secret ballot vote, and on election day as nominees we are not allowed to stand beside the voting booth to tell voters to cast a ballot in our favour. I believe the hard-working men and women, my friends, union members from Kitchener-Conestoga, deserve the same privilege that we give to all constituents in our riding on federal election day, a free and secret vote. Without this commitment, employees who have not signed their membership card may not even be aware that a union certification drive is in process, and they may not be in favour of that union or its representatives.

One question that arises is whether it is even fair for them not to be consulted, since they must pay union dues and be members of the union. Another question is whether employees had signed their union card free of intimidation.

It is clear to me that allowing secret ballot voting is very common sense. However, do not just take my word for it. Here are a few others who support this legislation. The Canadian Federation of Independent Business clearly pointed out that “As secret ballot votes are a cornerstone of our democracy, if the process is good enough to elect our politicians, it should be good enough to form a union.”

Everyone in the House knows how important small and medium-sized business is to the engine of the economy of Canada, and the Canadian Federation of independent Business speaks very clearly on behalf of the workers in those businesses.

The Federally Regulated Employers—Transportation and Communications group testified that it and its members also support Bill C-525.

John Mortimer, the president of the Canadian LabourWatch Association, expressed his support on behalf of his organization for Bill C-525 for many reasons, including the fact that sometimes employees are victims of inappropriate tactics and are given the wrong information so that they will sign their membership card. For example, some employees sign their card without knowing the true result, which is the unionization of their workplace.

The Canadian LabourWatch Association also commissioned a poll of unionized and formerly unionized workers, which was very helpful. It found that 86% support secret ballot voting for union accreditation.

I could go on. However, let me just quote Merit Canada. It pointed out that the old system under which employees expressed support for its union's certification by signing their membership card resulted in intimidation and manipulation by both union organizers and management.

I hope that my colleagues from the Liberal Party do not support the manipulation and intimidation of hard-working Canadians.

Bill C-525's asking for a secret ballot is just plain common sense and the very cornerstone of modern democracy, as has been pointed out many times today.

Moving now to Bill C-377, what is the Liberal government trying to accomplish by giving a free pass to unions with respect to its financial transparency?

Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), introduced by my former colleague the previous member for South Surrey—White Rock—Cloverdale, would extend the principle of public disclosure to a group of institutions that enjoy substantial public benefits, in other words, labour organizations. The basic premise of the bill is that every labour organization in Canada will file a standard set of financials each year, which will then be posted on the CRA website, much like Canadian charities already do.

These bills are common sense and, as members will hear during the remainder of my remarks, are what Canadians want. I do not understand why the current Liberal government has decided to repeal these laws that increase confidence in and the integrity of our unions as one of its first acts in this Parliament.

While I think this is common sense, let us also hear from others.

In a Leger survey conducted in 2013, consisting of 1,400 respondents, not only did 83% of Canadians surveyed indicate they wanted public disclosure but 84% of current union members surveyed also said they wanted public disclosure.

Furthermore, the Canadian Taxpayers Federation supported this piece of legislation. It said that similar legislation has been in place for charities for many years and that there ought to be treatment of labour organizations analogous to that of charities.

The Quebec Employers Council also welcomed Bill C-377, citing that it is appropriate to make public the amount of dues that workers are required to pay, and which involve significant tax advantages, as well as the manner in which they are used.

This bill is actually about public disclosure, and this is a very positive step forward for unions and Canadian workers. Public disclosure will demonstrate that labour organizations spend their money wisely, effectively, and obtain good value for members' dues. This bill does not tell unions how to spend their money or restrict them in any way.

In my province of Ontario we have what we call the “sunshine list”, which makes public a list of all publicly funded employees who make over $100,000. In addition, salaries, benefits and office expenses of members of Parliament, MLAs, and others are also easy to obtain online.

Because union directors are also publicly funded through the mandatory union dues of all of their members, it only makes sense that union leaders in positions of authority and employees of the union earning more than $100,000 will have to disclose their earnings.

It is also important to recognize that the salaries of many Canadian union leaders are already published online in the United States. The U.S. has had legislation requiring public disclosure since 1959, before many of my colleagues in the House were even born. The Liberals would have us travel back in time and limit this form of accountability.

The actions that Bill C-4 is bringing into effect would not increase the confidence that Canadians have in our unions and our leadership, and it is important that we oppose the bill at every opportunity.

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February 16th, 2016 / 4:45 p.m.


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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, the member always has very insightful questions in this House.

I cannot put myself in the shoes of the new government, and I certainly would not want to be in those shoes. However, if we look at the first 100 days—and there is a snazzy video out on the first 100 days—we can see the legislative agenda.

Bill C-1 is a formulaic administration-of-oaths bill; Bill C-2 was tax increases and the elimination of the TFSA; Bill C-3 was a massive injection of spending, in large part to cover a promise on the Syrian refugee resettlement; Bill C-4 is the unwinding of labour modernization from the previous Parliament, clearly a quid pro quo for support during the election; and Bill C-5 is undoing the sick day negotiation with the public service.

If we look at the legislative agenda of the new government in the first 100 days, it is tax, spend, and support the friends who got them into office. Contrast that with the previous government's first 100 days. There was the Federal Accountability Act, child care benefits for all families, and a GST reduction. It was about giving back to Canadians, not taking away.

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February 16th, 2016 / 4:45 p.m.


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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, that is a very good question that my friend asked.

The question is simple. Any organization that the Government of Canada has given tax-exempt status to or requires Canadians to pay, by compulsion, dues or taxes or levies should know, at a fundamental level, and be able to see how that money is spent.

To bring it home to the hon. member, I am sitting in this Parliament a few years earlier than I intended in large part because the previous MP had some issues with spending disclosures. Orange juice or other things were not disclosed.

This is the era of transparency, which that side uses as a term, from time to time, but in its first 100 days would remove that same basic transparency, in Bill C-4, from the labour movement and from first nations governments. It is a step backwards.

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February 16th, 2016 / 4:35 p.m.


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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, I am pleased to rise today following my good friend from Edmonton Griesbach who talked about his own personal experience with his family and as a former union member himself. I hope to contribute to the debate here on Bill C-4 today, dispel some of the myths brought to this place by some of my colleagues in government, and talk in depth about the two reforms that Bill C-4 essentially would dismantle, what I would call the modernization of the labour movement from the last Parliament that is being dismantled in Bill C-4.

However first, I am concerned when members of this place suggest that those measures being unwound in Bill C-4 are a tax on union members or a tax on the labour movement. Nothing could be further from the truth. We have heard statistics from polls that have shown that union members support the measures contained in both Bill C-525 and Bill C-377 from the last Parliament. In many ways, the labour movement is the last large portion of our society to embrace the modern concepts of transparency that are really commonplace throughout government of all levels and throughout the charitable sector. It is sad that it takes Parliament to pull the movement into this modern age of transparency and disclosure, but it was something that was supported by union members.

There is no dismantling of rights. There is no attack, and I am going to spend a few moments to talk about what those bills contain and why it is a bad public policy move to step away from these modernization efforts for the labour movement. However, more importantly, why it is not an attack is that I, like many of my colleagues, was elected to Parliament in 2012 and in the last general election by members of unions, to a large extent.

I am very proud to have some of my best door-knockers who are either former or current members of the CAW, now Unifor, working in our auto industry at General Motors in Oshawa. I am very proud to have the strong support of members of the Power Workers' Union, working both at the Darlington generating station in my riding and at the Pickering station nearby. When I ran for office I spoke to Don MacKinnon, the head of that union, who has been a very good advocate for clean and reliable nuclear energy. I rely on the expertise that a lot of leading figures in the labour movement bring to their sectors. I consulted those same members on our trade agreements when I was parliamentary secretary for international trade in the last Parliament. I am very proud to represent these people who do get benefits from belonging to their union.

We have heard many speeches about how, over the last century, the union movement has been helpful and has advocated public policy and so on. Nothing in the two bills from the last Parliament took any of that away. It is really cowardice of debate when people have to hide the real actions of Bill C-4 behind saying unions brought us health care and unions brought us weekends. Let us talk about what was in those bills from the previous Parliament and what Bill C-4 is attempting to do. Let us not wrap it up in the trappings of unions having made a large and profound impact on our society. They have, and none of these moves were right-to-work movements or banishing unions. This was about making sure of the movement, which is supported through tax exemption status, which is supported by the Rand formula, meaning dues are paid under compulsion much like taxes are. We cannot pick or choose whether we pay this out of our paycheque. That fact means that the movement needs to embrace these concepts themselves, and it is disappointing that it did not.

For people who have been following this debate at home, Bill C-4 is essentially the new Liberal government's attempt at unwinding two very modest reforms from the previous Parliament. The first is Bill C-525, which was a bill that brought essentially the secret ballot to union certification.

It is interesting that the secret ballot has been the underpinning of our parliamentary electoral process since it was brought in by the Liberal government of Prime Minister Mackenzie in 1874. I think it is now considered a fundamental element of elections in Canada, where there is a secret ballot so that people can place their X in a way they determine is best without fear of somebody watching, and without fear of repercussions.

It is essentially a basic tenet of our parliamentary democracy in Canada, yet it is somehow absurd to extend that same protection of a secret ballot to the certification vote, to truly vote how one feels is best for one's personal view. I guess by saying that it should not be there, does it mean the certification vote is somehow outside of normal tenets of democracy? That is all I can determine from some of the comments here, such as rights being taken away and attacks on the union movement.

People in Canada need to know that Bill C-525 was for the secret ballot. I am sure a lot of Canadians who do not belong to a union are probably surprised that there was no secret ballot before. This is what we are talking about.

I have heard some members say there would be intimidation by employers and that sort of thing. That is nonsense. The secret ballot is inherently secret. There is no employer there watching the vote, and the votes will not be named. Therefore, one can exercise one's democratic right to cast a ballot the way one sees fit for one's own personal views and the way one sees fit for the future of one's workforce, whether to stay in the form of a non-unionized environment or to unionize.

Really, unions should be embracing the concept of having a full and robust democratic measure as part of their originating entrance into a workplace. Why would they shy away from a secret ballot? It is a fundamental pillar for all levels of government, and the labour movement should endorse that.

Second, Bill C-4 would unwind Bill C-377, from the last Parliament. We have heard a lot of people getting very heated about that subject as well. It is similarly disappointing that such legislation had to be brought forward and that the labour movement would not itself embrace this concept.

Yet again, another Liberal government, in fact the father of the current Prime Minister, brought in access to information legislation in 1983. In subsequent years, all provincial levels of government and virtually all major municipalities have embraced this same concept of whether there would be transparency. If one pays one's taxes by compulsion, one should be able to know where that money goes and assess whether it is being well spent.

This same basic tenet extends to the charitable sector as well, which through the CRA and through its tax assistance for charitable donations, has similar responsibilities on disclosure, to allow Canadians to assess where that money was being spent. Therefore, why should one part of our society, in this case the union movement, be exempt from a generational move towards transparency?

Quite frankly, I do not understand it. With a $5,000 threshold, CRA and the Government of Canada are not looking into an organization's children's Christmas party. However, if an organization is backing a major political campaign, like the Working Families in Ontario, or sending delegates to a large convention overseas that is taking positions that would be adverse to Canadian principles, they should be able to see where that money is being spent, because the government has allowed that money to be spent on a tax-exempt basis.

Therefore, for politicians at all levels and the charitable sector, Canadians know that transparency is commonplace now. The new government mentions it on occasion. This same level of transparency has been in effect in the United States, in the brother and sister unions, since the Kennedy administration.

Therefore, with Bill C-4, two fundamental reforms that would be good for the labour movement would be withdrawn. It concerns this side of the House. Hopefully it should concern more and more Canadians.

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February 16th, 2016 / 4:25 p.m.


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Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Madam Speaker, I listened at some length to the member's rationale for why he opposes the government's initiatives with respect to Bill C-4, and I will reference specific comments that he made with respect to Bill C-377. In the previous Parliament, the first time that the matter was referred to the Senate, the bill was amended significantly by the Senate Tory majority, which seemed to have been opposed by the member's government at that time.

Does my friend have a comment as to why, at a time when Conservatives could not get support from their own Senate Tory colleagues, they felt the need to gut the attempts made by that caucus to make improvements to the bill?

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February 16th, 2016 / 4:15 p.m.


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Conservative

Kerry Diotte Conservative Edmonton Griesbach, AB

Madam Speaker, there has been a lot of talk about support for unions and so forth. I grew up in a union town, Sault Ste. Marie, Ontario. My dad was a union executive, and I was very proud of him, and I was a union member myself. I find it rather offensive that just because I am a Conservative and particularly a fiscal Conservative that somehow I am anti-union or we are all anti-union. We have to realize that is just a red herring.

I am pleased to rise in this House today to stand up for good hard-working Canadians, including union members, and speak against Bill C-4. I believe, as do my Conservative colleagues, that transparency and accountability are the pillars of our policies. In fact, it was our former Conservative government that created the Federal Accountability Act, and we did not stop there. As well, we created and passed legislation to ensure unions were accountable to their members and to all Canadians. Bill C-4 would threaten accountability and transparency in labour negotiations and labour relations. All Canadians should know where their money goes and be entitled to accountability.

The member for Kildonan—St. Paul told the House the legislation reflects the Liberal government's “commitment to restore a fair and balanced approach to labour relations in this country”. However, in fact this bill would remove the balance struck between big union bosses and Canadians. Bill C-4 perhaps would better reflect the uncomfortably close relationship between the Liberal government and union bosses.

I would like to review the content of both bills that would be repealed by Bill C-4.

We are looking at Bill C-525. Bill C-525 addressed the concerns the union members themselves had with the previous card check system. The card check system allows for a workplace to be unionized without allowing all employees to express their opinion. In fact, the unionization of a workplace could occur without a significant proportion of the bargaining unit having been made aware. That is just wrong. In the current system, if a certification drive were to be conducted for a bargaining unit of 100 employers and the union were able to obtain the signatures of 51 members, the bargaining unit would be certified. There is not a requirement for the remaining 49% of members to be notified that a unionization drive is even taking place or to be given the opportunity to express their opinions or opposition. That is just wrong. The card check system is susceptible to abuse wherein workers could be pressured by unions and/or their colleagues into signing a union card. A secret ballot vote allows employees to provide an honest and accurate indication of support, free from the threat of pressure or intimidation from both unions and employers.

Now let us look at Bill C-377. It also took steps to improve transparency with union funds. Previously, labour organizations that enjoyed substantial public benefits were not required to publicly disclose their financial activity. Labour organizations operate tax-free, and their members receive full income tax deductibility for their dues and payments, and receive their strike pay tax-free. Dues deductibility alone costs the federal treasury in the range of half a billion dollars a year. That is a staggering amount of money. Financial transparency occurs in institutions receiving substantial public benefit. This is not a new concept. Bill C-377 addressed this gap in financial accountability, extending transparency to unions. In short, the bill required that every labour organization in Canada file a standard set of financials each year, which are posted on the CRA website, much like Canadian charities already do. It was not radical legislation.

It is a fact. Canadians, union members, stakeholders, and at least members on this side of the House, support transparency and accountability.

Let me share some of the widespread support that these bills have received.

With regard to Bill C-525, in a news release from April 2014, the Canadian Federation of Independent Business welcomed its passage, stating, “secret ballot votes are a cornerstone of our democracy”. I think virtually anybody in Canada has to agree with that statement.

A poll commissioned by the Canadian LabourWatch Association found that 86% of unionized or formerly unionized workers supported secret ballot voting for union accreditation. Canada is the only country in the industrialized world that forces union dues upon workers.

Further, in his testimony before the Standing Senate Committee on Legal and Constitutional Affairs, John Mortimer, president of the Canadian LabourWatch Association, expressed support for Bill C-525, making the following points:

Since 1977, six provinces, including Nova Scotia, British Columbia, Alberta, Ontario, Saskatchewan, Newfoundland and Labrador, have established laws guaranteeing secret ballots for union certification. The secret ballot is statutorily guaranteed for the majority of Canadians. This type of secret ballot has not caused unions to disappear, not even in Nova Scotia, where it has been in place since 1977. The rate of new unionizations is lower than before and reflects what informed employees are making as a private choice. That is what they want.

Sometimes employees are victims of inappropriate tactics and given wrong information to get them to sign a membership card. That is just wrong. For example, we know that some employees sign their card without knowing the true result, which is the unionization of their workplace. With regard to timelines for holding secret ballots, seven Canadian jurisdictions do not set timelines for votes.

Now, Bill C-377 also received significant support. I will highlight a few of them.

During his testimony before the Standing Senate Committee on Legal and Constitutional Affairs, in 2015, Aaron Wudrick, federal director, indicated that the Canadian Taxpayers Federation supported the bill for the following reasons. He said that given that unions enjoy a wide range of tax benefits and special tax treatment, it would be appropriate to require them to disclose their financial information, as is the case with charities.

It is a no-brainer. Transparency is very important because it acts as a deterrent and allows a broader class of people to uncover any transgressions.

In testimony before the House of Commons Standing Committee on Finance and the Standing Senate Committee on Banking, Trade and Commerce, Terrance Oakey, president of Merit Canada, was in favour of Bill C-377. He said that the bill would enable Canada to catch up with other advanced economies when it comes to financial disclosure. That has to be a good thing.

The bill would not change the mandatory payment of dues by unionized workers, nor the manner in which that money is used. The bill only deals with the transparency requirements that should be imposed on labour organizations. Workers paying dues deserve to know how that money will be spent—it is the least that should happen—and Canadians have a right to know how their taxes are being used to influence public policy.

A 2011 poll by Nanos found that 86% of unionized Canadians supported greater union transparency. That is an opinion shared by 83% of the general public.

With this support, why does the Liberal government want to repeal these important pieces of legislation? I must ask the government where the fairness is for hard-working Canadians. It is just wrong-headed, and we cannot stand for this.

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February 16th, 2016 / 4:15 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, earlier the member mentioned my membership card, which I actually have with me. Unfortunately, the standing orders prevent me from displaying it. However, I definitely have it with me, and I can assure the House that I am very proud of it. Why?

Back in 1981, when I was a member of the Progressive Conservative Party, we believed in democracy, transparency, and accountability, and those exact issues are in play with Bill C-4 because it is an attack on those three pillars of our democratic system.

While those statements were not uninteresting, they were a little too exaggerated. It is an exaggeration to talk about hatred for social justice and the dogma of governance and to say that we cared only for the rich.

Since we are on the subject of history and the Conservatives of the 1980s, may I remind my hon. colleague that her party was founded by the hon. Lucien Bouchard? Does she remember that in 1982 and 1983, he was the chief negotiator for the government that took a very hard line against unions? That is a useful reminder.

Here is my question: how can a member of Parliament oppose secret ballot voting? Does my colleague disagree with Robyn Benson, who said:

PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action.

Robyn Benson is a member of the Public Service Alliance of Canada. She is not a big, bad Conservative. She is a union leader.

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February 16th, 2016 / 4:05 p.m.


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Bloc

Monique Pauzé Bloc Repentigny, QC

Madam Speaker, this House is quite different than it was in the previous Parliament. For nearly 10 years, a bitter tone pervaded everything that had to do with social justice. Everyone could see it and read it. In contrast, this government's gesture, its repealing of the legislation that came out of Bill C-377 and Bill C-525, is a sign of its openness towards the driving forces of Quebec's economy.

This is what was missing during the previous government's reign. It did not really respect those who are working hard to build our economy, namely, the workers.

We wanted to believe that the vitriolic rhetoric of the Tea Party in the United States was centred around what is known as the deep south and the Republican Party. Unfortunately, the Conservatives proved to us that they were but a northern branch of the Republican Party of the Bushes, Trump, Romney, and other right-wing politicians.

Those are the people my colleague from Louis-Saint-Laurent is defending so blithely. I remember the day when he brandished his membership card from the old Progressive Conservative Party of Canada in front of the media. He did so proudly, but I think he was mistaken. He did not join the conservative party of former prime minister Brian Mulroney. He joined a party that wears a blue mask to hide its true roots, those of the defunct Canadian Alliance, a party that respects only the rich and powerful of this world and that despises the less fortunate and the working men and women of this country.

Those two bills were false fronts for hatred of social justice, for a desire to reduce workers to tools of production rather than regard them as human beings worthy of respect, for a neo-liberal ideology with the singular political goal of destroying those who would make our society more egalitarian.

Even Senator Segal, a Conservative, condemned those bills. All through those years of anti-union and anti-progressive governance, we saw special bills to force striking workers back to work, military policies that supplanted international politics, and economic policies that gave more money to the rich and took it away from our society's middle class and the poor.

Even though they are no longer in power, the Conservatives continue to cause damage that we will no longer have to bear once our nation becomes independent and free from the threat of their return to power. When they introduced their bills that were harmful to the common good, we listened to them speak about their good intentions to defend workers from the evil unions that represent them.

These same members defended policies that would reduce wages. These same members who claim to be the strongest supporters of pay equity also support policies on temporary workers, economic treaties with countries that support the exploitation of workers, policies on military contracts with countries that have no respect for human rights, especially the rights of women, and economic policies against labour-sponsored funds such as the Fonds de solidarité FTQ.

The time had come to move on to other things and have substantive debates in the House of Commons. I am proud to be a union activist, not because my approach is based on ideology, but because I believe in having a level playing field in our society. It would be a lie to say that we currently have a level playing field. I know that my right-wing colleagues will certainly disagree. That is to be expected.

When we turn ideology and rhetoric into the dogma of governance, we end up forgetting the facts, evidence, and scientific data that should be the driving forces of our actions in government. It is not surprising that the same government that passed its ideological bills also muzzled federal government scientists at the same time. When the data contradict our beliefs, then it is best to prevent people from reading them, right?

I am a unionist because unions are useful in our society. That is something that even old-school Conservatives acknowledge. Unions here are not ideological, they are pragmatic. They adopt constructive approaches. They are able to partner with businesses and employers for the economy and for the common good. Attacking and berating them, which became commonplace under the former government, was mean-spirited and vicious. The previous government was part of the global phenomenon of violating union rights. The rich and powerful of this world want to squeeze the middle class by taking away some of the leverage it needs for success.

It was nothing short of a concerted strategy by the former prime minister and his friends in the financial community to remove workers' last defences. Without our unions, it would certainly be easier for the government to lower the minimum wage, do away with our public heath care system, and butcher the welfare state that our parents and unions fought so hard to build in the 1960s and 1970s.

Regardless of what the big guns on the right, such as the Duhaimes and the Donald Trumps of this world, may say, Quebeckers and Canadians agreed on some things. The economic ultra-liberalism that contributed to the worldwide poverty of the 1930s was not the way to go in the 21st century.

Once again, I would like to commend the government on the gesture of openness it made by introducing Bill C-4. We are far from the promised land. There are still many inequalities. However, this is a step in the right direction, and it at least shows us the direction that we should take. We have not finished talking about inequalities in the House. There are still far too many.

For nearly 40 years now, workers' purchasing power has been decreasing, while executives' salaries have been increasing. The grand scheme to tear down the welfare state across the western world has been under way for too long.

Whether we are talking about Reagan, Thatcher, whom my colleague from Outremont so admired, Bush, or our former Canadian prime minister, too many politicians deliberately lie to voters. They claim to want what is good for them, yet all the while adopt policies that favour the rich and powerful. As the saying goes, “I want what is good for you and I want your goods as well.”

The time has come to reverse the trend. The time has come to think about the group instead of the individual, and that is why we have unions. In unity there is strength, as we know, and unions help bring strength to workers around the world.

Long live Michel Chartrand, Thérèse Casgrain, Marcel Pépin, Lorraine Pagé, and my friend Réjean Parent. Long live all those who fight for social justice.

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February 16th, 2016 / 3:20 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I am proud to stand in this House to speak 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.

This bill would finally repeal the devastating attack that the former Conservative government launched against working people across this country. The two bills that would be repealed were known in the 41st Parliament as Bill C-377 and Bill C-525. These bills were not only mean-spirited attacks on unions, but they were, as Jack Layton said in his last speech to the House, part of a larger agenda by a government that preyed on the concept of dividing Canadians one from the other.

New Democrats fought relentlessly against these Conservative anti-union bills, and we certainly welcome the changes of the new Liberal government. I remember when Bill C-377 was pushed through Parliament against the tide of not just labour organizations but also constitutional and privacy experts. There was opposition from the insurance and mutual fund industry, the Privacy Commissioner of Canada, even the Canadian Bar Association, and the National Hockey League Players' Association.

To go on about the constitutionality of the bill, the Conservatives were never good at working within our Constitution. They constantly went head-to-head with the judiciary in this country, losing big battles whenever they put Conservative legislation before Canadian constitutional values. They lost on mandatory minimums, time-served sentencing, and even tried to break a rule to allow an ineligible judge to sit on the Supreme Court of Canada.

A few years ago a whistle-blower from the Department of Justice brought to light the fact that the government was not fully vetting its legislation to see if it was constitutional or not. When Bill C-377 was tabled, it came as no surprise that the Privacy Commissioner of Canada stated that the bill would ultimately be defeated by the courts, because it went against the Canadian Charter of Rights and Freedoms. This bill would violate freedom of association and the private lives of those workers who were unionized.

Now I will move on to the details of Bill C-377. It was a law that was discriminatory and imposed onerous and detailed reporting requirements on labour organizations. It was designed as a method to crush union finances and bury any action under bureaucratic red tape. Unions already do fully transparent reporting to their membership, as do many organizations and other associations that this bill did not cover.

Labour organizations were suddenly going to be subject to public, outside of their membership, disclosure to everyone. No other association would be forced to do anything similar. Why were the unions the only ones targeted? What about the clubs, the think tanks, the religious organizations, and even the council of chief executives? They were all left out.

Law societies and the Canadian Medical Association were also not subject to this law. It was a bill that was designed as a clear attack on workers' rights.

Bill C-377 was not only an ill-advised method of dividing Canadians, it was also extremely expensive. The parliamentary budget officer, a position created by the Conservative government, stated that it would cost the Canada Revenue Agency approximately $21 million to establish the electronic database for the first two years, and approximately $2.1 million per year for subsequent years.

The bill was so contentious that even Conservative Party senators fought against it. I should note the great Conservative Hugh Segal among other things mentioned that it would violate the privacy of millions, would tilt the advantage towards employers during negotiations, and was basically a declaration of war against workers. He felt it was unconstitutional and discriminatory, and was not even a dignified way to govern this country.

Repealing this bill would save millions of dollars annually, both for the government and for labour organizations. Bill C-525 was a law designed to harm and diminish unions by making it much more difficult for workers to collectively form a union, and making it much easier for a union to be decertified.

The government pushed hard for these private members' bills to be passed back in the day. It marked a trend by the Conservatives to take contentious attacks and place them in private members' bills so they were subject to less scrutiny and debate than full government legislation would have been.

Many stakeholders who were directly affected by the legislation have also applauded the government for its plan to repeal the two private members' bills.

The president of the Canadian Labour Congress has been clear that these pieces of legislation were nothing more than an attempt to undermine a union's ability to do important work like protecting jobs, promoting health and safety in the workplace, and advocating on behalf of all Canadian workers.

In their attempt to divide Canadians, the Conservatives have always liked to attack unionized workers, as though they are the privileged of Canadian society who do nothing to help the non-unionized. The truth of course is very different. Workers and unions spend their paycheques in local communities like mine in Cowichan—Malahat—Langford. Their incomes support local businesses, and they bolster our tax base, which adds to everyone's quality of life.

The benefits that are often enjoyed by unionized workers attract and support crucial care infrastructure, such as dentists, therapists, opticians, and family lawyers, to help build vibrant communities, not to mention that the money that unionized workers contribute to their pension plan comes back to them so that they can spend it in the community. It also means that fewer workers need to rely on family or social programs to get by.

When unions have the power to stand up for fairness, they raise the bar for everyone. We can thank the labour movement for its victories in securing parental leave, workplace safety standards, minimum wages, vacation pay, and protection from discrimination and harassment for all workers in this country. It is clear that these laws had to go, and we applaud the Liberals for being on the correct side of this fight and for quickly moving to repeal this legislation.

We also know that the struggle for fair working conditions is far from over. New Democrats will continue to push the government to restore and enhance collective bargaining rights, as well as fairer working conditions for all Canadians. The fight continues as our very own NDP member for Jonquière is proposing anti-scab legislation to ensure fairness and balance in labour negotiations. The prohibition against using replacement workers would protect the interests of working Canadians and their families against the might of large, powerful, and global employers.

The New Democratic Party has deep roots in the lives of working people. After all, our party was created out of the Co-operative Commonwealth Federation and the Canadian Labour Congress to be the voice of the regular working family. We follow that tradition closely, as we are proud of being the only unionized political party, where our employees have a say in their workplace.

The Liberals should be applauded for working in Parliament to give collective bargaining rights to the Royal Canadian Mounted Police. We trust that they will continue this trend and work with their own employees to grant them collective bargaining rights as well.

Workers in my community have brought to my attention that there are more and more part-time and contractual employees in the riding, and more needs to be done to protect them. The last review of the Canada Labour Code was done 10 years ago, in 2006. There were recommendations that came out of that review, which would specifically help precarious and part-time workers in my riding, but they were never fully implemented. New Democrats will be working hard to push the Liberals in acting on these recommendations. Part-time and contractual employees deserve the same fairness that we demand for all workers across this country.

The Canada Labour Code needs to be updated and modernized. There are sections in the code that are at least 60 years out of date. Repealing Bill C-377 and Bill C-525 are important first steps. However, it is important that we do not sit back and congratulate ourselves, as sections of our Canada Labour Code dealing with harassment, hours of work, overtime pay, and vacation entitlements need major updates.

When Tommy Douglas was premier of Saskatchewan, he knew that securing basic workers' rights was key to a just and prosperous society. He was able to get ideas from working people and implement them for the benefit of all. Tommy passed legislation establishing a 40-hour work week, paid vacations, and collective bargaining rights for all workers. Conservatives have tried to turn back the clock and strip workers of the vested rights they fought so hard to achieve. We now have much to do to enshrine protections for working families across this country.

Working people in my riding know that repealing Bill C-377 and Bill C-525 are important first steps. New Democrats will be there to hold the government's feet to the fire to ensure that we continue bettering the lives of workers from coast to coast to coast.

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.

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February 16th, 2016 / 1:55 p.m.


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Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, again, repealing Bill C-377 and Bill C-525 is a priority of our mandate. These bills need to be rescinded. Bill C-4 is required to be passed. This will put collective bargaining on the table in a better way, and will be a benefit to the employees.

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February 16th, 2016 / 1:55 p.m.


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Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, people are working in factories, some are in unions and some are independent, without unions.

If somebody wants to form a union or work with a union, they should be free to take part in a union. There should be a free process, a free way of working. There should be a process to bring issues to the bargaining table. That is the best way to do it.

That is why we want to get these bills rescinded, and to move forward on Bill C-4.

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February 16th, 2016 / 1:50 p.m.


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Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, if Bill C-4 is passed, it will restore total fairness and balance to the Canadian labour relations system.

The repealing of Bill C-377 and Bill C-525 is required.

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February 16th, 2016 / 1:40 p.m.


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Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, it is certainly not often that we, in the House of Commons, are called upon to repeal legislation passed by the previous government. However, in this case it is absolutely necessary, and I encourage all members of the House to support Bill C-4.

The reason is very clear. Bill C-377 and Bill C-525 upset the balance in labour relations in Canada, giving employers a distinct advantage over unions. It is unfair, unbalanced and un-Canadian.

For example, let us take a look at how Bill C-377 impacts the collective bargaining process. On one side, we have union representatives trying to negotiate a wage increase, better working conditions or more flexible work hours and so on. On the other side, we have the employer who wants to operate as efficiently as possible in order to maximize profits.

If there is a deadlock in the bargaining, each party has their own tools to break the deadlock. Employers can lock out employees. Similarly, unions can go on strike. It is very clear that they are seen at the collective bargaining table in a truthful manner to resolve the matter.

Bill C-377 amended the Income Tax Act to require labour organizations and labour trusts, including unions, to file detailed financial and other information returns with the Canada Revenue Agency.

That information, such as details on their assets, their liabilities, their salaries and so on is then to be made public on the CRA's website. This means that unions must reveal how much money they have in their strike fund for a possible work stoppage. That means employers can find out how long a union could stay out if it came to a strike.

Under Bill C-377, the collective bargaining system is no longer a level playing field. It gives the employers' side a distinct advantage. By knowing that the union has only a certain amount of funds for a strike or lock-out, they know exactly how far the union can be pushed to accept less in order to avoid either of those eventualities. Does anybody really think that is fair? I do not think it is, and neither does our government.

Let us remember that collective bargaining went well for decades under the previous system.

Bill C-377 also contains other provisions that are equally unacceptable. For example, unions, but not employers, have to report salaries paid to their officers and directors. Unions, but not employers, have to reports time spent by some personnel on political lobbying and non-union related activities.

In addition, the bill duplicates existing requirements under the Canada Labour Code that requires the unions to provide their members with reports on their financials, free of charge and on demand. Similar requirements are also already in place under many provincial labour laws.

The second bill to be repealed, Bill C-525, has been described by my colleague, the member for Cape Breton—Canso, as a solution looking for a problem. That is a very apt description.

First, what the bill changes is the way unions can become certified or decertified. Previously, unions getting themselves certified was not a big problem. Even if 35% of employees signed cards, they had to present this to the Canada Industrial Relations Board to be registered as the bargaining agent.

Unfortunately, we have seen examples of employers that will resort to any measure to deter their employees from unionizing.

What Bill C-525 does in effect is allow employers to know exactly when a union might be trying to organize a workplace union. Even though most employers act ethically to prevent unions from organizing, the point is that employers now have a powerful tool they did not have before to slow down or stop the union certification process.

Prior Bill C-525, when federally regulated private sector workers wanted to organize in a particular workplace, if a majority of the employees signed union cards, they could go to the Canada Industrial Relations Board, show it the cards and the CIRB could certify them as the bargaining agent. This was the system from decades onwards. If less than a majority of employees signed union cards, but at least 35% did, certification could be done.

More generally is the ability to unfairly influence the collective bargaining process.

Canada needs a collective bargaining system, a system that is fair and balanced, a system in which both unions and employers come to the table in good faith to bargain on an equal level.

Repealing the changes made by these two bills would help correct the current imbalance. I hope all my colleagues in the House will give this measure their support.

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February 16th, 2016 / 1:30 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalParliamentary Secretary to the Minister of Democratic Institutions

Mr. Speaker, it is a pleasure to rise to speak to the bill and talk about the restoration of a fair and balanced relationship that needs to exist in a regulatory framework for unions to ensure that workers are provided with adequate protection, and that we acknowledge that the disclosures already in place provide many of the things that the hon. members opposite talked about.

The reality is that the Canada Labour Code already provides for such disclosure, and that under Bill C-377 we are seeing a lot more red tape and are placing unions in a precarious situation of being very disadvantaged through in collective bargaining process. We can see its negatives, but we have not seen any of the positives.

It is no coincidence that the changes in Bill C-4 have been brought forward so early, as they are a recognition of this government's commitment to restoring that balance and fairness that the Prime Minister promised in the last election campaign. I would remind members that the Prime Minister had the opportunity to speak at length about the importance of restoring that balance and it became a very important plank in the last election. Certainly we heard it reiterated in the mandate letter given to the minister.

While I have a great many concerns about Bill C-377 that was adopted in the previous Parliament and which this bill would repeal, I want to focus the preponderance of my comments today on Bill C-525 and the legislative amendments proposed in that bill. Bill C-525 changed union certification and decertification processes under three federal labour relations statutes: the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act.

Prior to the amendments being enacted through Bill C-525, federally regulated unions could use what was called a card check system for certification. 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 enough to indicate a strong interest, for example, 35% under the Canada Labour Code.

Bill C-525 changed that to require that unions show at least 40% membership support before being able to hold a secret vote, and required a vote even when more than 50% of workers had signed union membership cards. It made it easier for unions to be decertified by lowering the threshold to trigger a decertification vote to 40%, compared to the majority support that was previously required. Essentially, Bill C-525 makes it more difficult for Canadian workers to unionize. That is not good for our economy, nor is it good for Canadians.

Unions help address inequality by helping to ensure there are fair wages. They help protect workers' safety and prevent discrimination in the workplace. They also help employers because a fair workplace is a more productive workplace, and a more productive workplace helps to grow our economy and strengthen our middle class.

What Bill C-525 presented was essentially a solution in search of a problem. There were no great rallies on Parliament Hill or even in any boardrooms demanding that we change a union certification system that had worked successfully for many, many years. The card check system, whereby a union is certified by demonstrating majority support for signed union cards, has been used successfully for many years in the federal jurisdiction and in several provinces. A number of unions like Unifor and the Air Line Pilots Association argued that it is fast and efficient and much more likely to be free of employer interference than the mandatory secret ballot system brought in under Bill C-525, which we seek to repeal.

The card check system is not undemocratic. It requires majority support through signed cards, and the Canadian Industrial Relations Board has strong measures in place to ensure that this process is fair. It should also be noted that representatives from both sides of the bargaining table were highly critical of how the previous government brought in these changes. Both bills were brought in as private members' bills without consultation with either employers, unions, or other levels of government. Many argued that it set a very dangerous precedent for the future of labour reform. They are right. That precedent must be expunged. We believe that fair and balanced labour policies developed through real and meaningful consultations with unions, employers, stakeholders, the provinces and territories, and the Canadian public are essential for harmonious labour relations.

Bill C-377 also presents problems that could be averted with proper consultation. Members have heard my colleagues talk about this in great detail, and I alluded to it earlier in my comments.

Among other things, it has the potential to seriously disrupt the collective bargaining process. For example, detailed information about unions, including information on union strike funds, will be available to employers. It seems to me like a blatant attempt to make things harder for unions.

It is essential that we have a system that is both fair and balanced, that the regulations we have in place ensure there is proper disclosure and rules in our labour negotiation process, but that we allow unions to be strong to protect the rights of workers, to ensure that our economy can grow and be productive, and that employers are treated fairly.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 1:25 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I would like to congratulate my colleague on an excellent speech, especially how he had his facts straight.

The Liberal government likes to pretend that it is fact- and evidence-based in everything it does. We heard today that in multiple polls, more than 83% of union workers were in favour of Bill C-377 and Bill C-525. Another fact is that without Bill C-377, there would be no financial transparency to the taxpayer for the half a billion dollars in tax credits from union dues.

I am interested in my colleague's opinion. Does he think that Bill C-4 is a fact- and evidence-based approach?

Canada Labour CodeGovernment Orders

February 16th, 2016 / 1:15 p.m.


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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, like my Conservative colleagues, I rise in the House today to voice my opposition 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.

The point of my speech is quite simple: I want to show Canadians and all the hard workers in my riding that the Liberal government's measures are not in the public's interest.

The Liberal government is working instead for special interest groups of which union bosses are members. Just two weeks ago, we learned that union leaders and the Liberal team made arrangements during the last election campaign. Today, in reading Bill C-4, I can see that the Liberals and union leaders are working hand in hand without any regard for the interests of workers or the general public. I must deplore this in the strongest possible terms.

First, by passing Bill C-4, the Liberal government will abolish two flagship pieces of legislation that the Conservatives put in place to protect workers and ensure union transparency. Bill C-377 provided for increased accountability on the part of union leaders by requiring unions to disclose any expenditures over $5,000 and any salaries over $100,000.

Bill C-525 required that a secret ballot vote be held to set up or do away with company unions. These provisions would have put an end to the intimidation that too often occurs during the union certification or decertification process. When employees were called upon to vote for or against the unionization of their workplace, this bill would have allowed them to do so in an informed manner via secret ballot, as is already the case in the provincial legislatures of British Columbia, Alberta, Saskatchewan, Ontario, and Nova Scotia.

Why do the Liberals want to do away with those provisions? Is it not legitimate for the unionization process to be transparent? Simply put, what seems to be common sense for Canadians is not for the Liberals. The fact of the matter is that it only took them a few weeks to forget their promise to be a transparent government.

Second, the Conservatives were not simply advocating for union transparency because it is a fundamental value. We were also advocating for it on economic principle. Every year, deductible union dues cost the federal government and Canadians some $500 million. A responsible government has a legitimate reason to demand accountability for these tax advantages.

A number of other countries, including the United States, the United Kingdom, Australia, Germany, and even France, have long required labour organizations to disclose their financial statements.

Third, because I have a very hard time understanding the government's position on transparency, I wondered whether my Conservative colleagues and I are the only ones who are concerned about these issues. The answer is no. I was pleased to come across a Leger survey from 2013, which indicated that 83% of 1,400 respondents said that they supported a bill like the one the Conservatives passed.

More interestingly, 84% of workers who contribute to a union said that they wanted such a bill to be passed, which is similar to the percentage of Canadians who wanted such a bill to be passed. These percentages therefore confirm the public's position on this issue.

During the proceedings of the House of Commons Standing Committee on Finance, there were many different kinds of groups that supported the Conservative bill.

Among them were the Canadian Taxpayers Federation; the Canadian Federation of Independent Business; LabourWatch; the Conseil du patronat du Québec; Merit Canada; the Montreal Economic Institute; the Independent Contractors and Business Association of British Columbia; the Fédération des chambres de commerce du Québec; Professor Ian Lee of Carleton University; Douglas J. Forer, a partner with McLennan Ross; Moin Yahya, an associate professor with the University of Alberta faculty of law; Francis Donovan, a butcher at Safeway Canada; Marc Roumy, an Air Canada flight attendant; Brian Johnston, a partner with Stewart McKelvey; the hon. Michel Bastarache, a former Supreme Court justice; and Ken Pereira, a union worker and union leader, just to name a few.

That being said, I want to assure my colleagues across the aisle that the Liberals are not the only ones who hold consultations. The Conservatives also held some, which revealed that our provisions in support of union transparency were welcome and desired.

Fourth, it is one thing for the Liberal government to ignore the surveys and the people consulted, whom I mentioned, and to believe that its position is what is best for Canadians. However, another moral principle comes to mind when I look closely at that position, and that is the principle of political independence.

In order to ensure that the government remains impartial and able to make decisions in the public interest and free from outside influences, I think it should avoid associating with lobby groups that have an interest in the business of government. That is certainly not what we are seeing at this time.

Here is how I see it. First, this is a bad law for democracy, transparency, and accountability. Second, it is pretty clear that the purpose of this law is to thank union leaders for their support in the latest election campaign. Third, the Liberal government's very first piece of legislation will take away workers' power just to make union bosses happy. Fourth, this law will not protect workers. It will open the door to workplace bullying because employees will have to state their position on unionization publicly rather than secretly. Fifth, transparency is a fundamental principle, and by overturning the old law, the Liberals are flouting this principle. Sixth, even though the law did not regulate union activities or how unions could use their money, it did provide for accountability. Seventh, unions are the only private organizations that have access to funds that people are required to pay, which is like the power to tax. Mandatory contributions, unlike voluntary contributions, should entail a moral obligation to demonstrate transparency. Eighth, since unions are already required to open their books to their members, it should not cost them much more to open their books to everyone. Ninth, union dues should not be used for purposes not approved by union members.

I did not get into politics to criticize excessively everything the government opposite does. I believe we must work together in the House to make the best possible decisions in the public interest.

That being said, I want to use this last part of my speech to share with the government the way I see things with regard to unionization, which, in my view, represents how a very large segment of the public feels about this as well.

What is more, since the Liberal government keeps saying that it wants to consult various stakeholders and different people and listen to their points of view before making decisions, then I would hope that my thoughts here will be taken into consideration.

First, as the member for Richmond—Arthabaska, the former mayor of Victoriaville, and a former school principal, I have worked and negotiated with a number of union groups on many occasions. These negotiations were always carried out respectfully, and for that reason, my perception of unions and unionized employees is anything but negative.

On the contrary, I believe it is entirely appropriate for a group of individuals with common interests to ask someone to negotiate on their behalf. Essentially, the union's mission is to improve its members' working conditions, and that mission is absolutely valid and legitimate.

However, the comment made by the Minister of Employment, Workforce Development and Labour that unions play a critical role in ensuring that workers receive decent wages and are treated fairly in safe, healthy work environments seems to suggest that the law passed by the previous government undermines the unionization principle and workers' rights, and that is completely untrue.

The minister should also know that just because employees are not unionized does not mean that their rights will not be respected. I am fortunate that my riding is home to Cascades, a family company that has been in Kingsey Falls since 1964 and still employs nearly 11,000 workers in North America and Europe.

Thanks to the management philosophy of the Lemaire brothers, employees of many of the company's operating units voluntarily chose not to unionize because they know that they are afforded favourable working conditions. This company shows that it is not necessary for employees to be unionized to have excellent working conditions. I would like to take this opportunity to commend Cascades and all of the companies across the country that take care of their employees.

Finally, the bill is a direct attack on democracy, accountability, and transparency. It does nothing to protect workers or the public.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 1 p.m.


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Liberal

Rémi Massé Liberal Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, our government is determined to restore fair and responsible labour policies in Canada because unions and employers play an important role in protecting the rights of Canadian workers. They help make the middle class more accessible and help it to grow.

We need to work with labour organizations, not against them. That is why we have kept our promise and that is why I invite every member of the House to support this important bill.

We introduced Bill C-4, which repeals the legislative changes made under Bill C-377 and Bill C-525. That is an excellent decision.

Unions and labour organizations have expressed strong opposition to these two laws since they were introduced in Parliament. In spite of everything, obviously, some people may oppose Bill C-4. We are prepared to listen to the concerns of all of the parties involved.

However, I would like to be proactive and explain to the members here today that, despite what some may think, Bill C-4 will be good for labour relations across Canada. Certain supporters of Bill C-377 indicated that it was necessary to improve union financial transparency. They also said that it was necessary to ensure public access to information on union spending, given the favourable treatment that unions receive under taxation law.

However, these arguments do not hold water. Section 110 of the Canada Labour Code already requires unions to provide financial statements to their members free of charge upon request. What is more, provincial labour statutes include similar requirements. Also, the onerous disclosure requirements apply only to labour organizations and labour trusts. They do not apply to other groups that also benefit from special tax breaks under the Income Tax Act. This practice discriminates against unions.

I realize that some provinces have raised questions about repealing Bill C-377. British Columbia's finance minister wrote to the Senate to express his support for this bill. He said there was merit in increasing union transparency, since unions receive tax advantages. However, as I said, these onerous disclosure requirements discriminate against unions, and British Columbia's opinion is not shared by the majority.

Seven provinces came out against Bill C-377, claiming that it encroached on their jurisdictions. These provinces are Quebec, New Brunswick, Alberta, Manitoba, Ontario, Prince Edward Island, and Nova Scotia.

As for Bill C-525, employers and other stakeholders who support union certification by secret ballot could be displeased. They do not need to worry, though, since the previous card check system for sectors under federal jurisdiction was successful for many years. This system is still used in many provinces.

As for Federally Regulated Employers, Transportation and Communications, some non-unionized members could have a problem with the repeal of Bill C-525. They could be concerned that this bill is being repealed but stakeholders have not been consulted.

I want to reassure them. We are doing this because we want to listen to all of the stakeholders. By repealing the legislative changes made by Bill C-377 and Bill C-525, we will simply go back to the way things were so that we can start over again. We will do more than our predecessors and ensure that all stakeholders are properly consulted before any changes are made to federal laws and policies.

We aim to restore a climate of co-operation and develop evidence-based policies. All parties must participate in a constructive manner.

We will use genuine consultations as the basis for developing labour policies that will make Canadian workers and employers more prosperous and improve the economy overall. Those are just some of the ways that Bill C-4 will be good for labour relations and, as a result, our economy.

It is clear that repealing the changes made by Bills C-377 and C-525 is the sensible thing to do. We are listening and acting respectfully. Our government made a commitment to enhancing Canadians' economic and social security, and that is what we are doing.

In my riding, Avignon—La Mitis—Matane—Matapédia, employers, unionized workers and unions have joined forces to defend our region's interests.

In a remote region such as ours, it can be hard for workers and people in general to make their voices heard. Mainstream media do not often talk about what is going on in our regions, but we are coping with major issues too. I would like to share a personal and professional experience. In the fall of 2014, when my region was contending with major cuts in several sectors of our economy, we got word that Quebec CEGEPs were slated for yet another round of cuts. At the time, I was the executive director of the CEGEP de Matane. Management and employees alike felt powerless to do anything about all of the budget cuts, which were going to result in job losses, raise the unemployment rate, which was already three times higher than the Canadian average, and exacerbate a very difficult economic situation. Rather than endure the cuts alone, I decided to get all of the CEGEP employees and their union representatives together, and I put an unusual idea to them. I suggested holding a two-day retreat to discuss the repercussions of the cuts in the region with relevant experts and donating the equivalent of two days' salary to the CEGEP de Matane foundation. In return, I promised not to cut a single job. The goal was to mitigate the cuts and clearly demonstrate our commitment to our community, our workers, and our CEGEP.

In an unprecedented expression of solidarity, all the employees, their union representatives, their union, and the entire student population supported this initiative. We had two days dedicated to reflection, and we all contributed two days' salary to the CEGEP de Matane foundation. We mobilized a number of local socio-economic stakeholders who joined forces to defend the interests of our workers and our region.

Division never serves the community. It is time to come together and develop a relationship of trust with our workers. Together, we can create real, positive change.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 12:50 p.m.


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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, it is a pleasure to join in this debate today.

Governing is all about seeking a balance between things like the environment and the economy, between one part of the country and another, between social and economic values, and between labour and business.

I do not believe there has been any government in recent history that has thrown so many things out of balance, allowing ideology to trump evidence and political expediency to replace due process, than the previous Conservative government. Such has been the case in its actions towards labour relations and workers' rights in this country.

After years of attacks on fundamental labour rights, it is very gratifying that one of the first acts our government is doing is restoring fair and balanced labour laws that respect the integral role played by unions and their importance to a strong middle class and a fair and prosperous society.

Labour law systems are very complex. The ones that work well are based on a delicate balance between the interests of labour and management that must be respected if and when reforms are made. The federal labour relations system is well regarded and supported by both labour and employers, as the result of a genuine and proven consultative and consensus process that has been followed for decades in amending labour laws.

One of the most comprehensive changes in recent history to part I of the Canada Labour Code was the result of a full consultative process. It was chaired by the well-respected labour neutral, Andrew Sims, who produced a report entitled “Seeking a Balance”. Mr. Sims said that if labour law is to be changed, it should be because of two things. It should be because there is a demonstrated need due to the legislation no longer working or serving the public's interest, or done on a consensus basis.

There are perhaps no greater examples of how the previous government showed contempt for these principles and upset the labour relations balance than the two private members' bills that Bill C-4 seeks to repeal. Bill C-377 and Bill C-525 were deeply ideological and highly partisan pieces of legislation that served no public good or policy objective. Their sole purpose was to diminish and weaken the labour movement in this country.

These types of labour policies, based on ideology rather than evidence, produce unstable labour laws that hurt, not help, the interests of employers, employees, and the economy in the long term.

Bill C-377 was badly crafted and is fundamentally flawed legislation that made unprecedented and unwarranted disclosure about unions and their members, as well as other organizations that do business with unions, based on no demonstrated need for this law.

Constitutional experts have said it was unconstitutional. Privacy experts believe it will violate privacy rights of millions of Canadians. Seven provinces, representing more than 80% of Canada's population, opposed it, as it interferes with provincial jurisdiction over labour relations.

Even well-respected Conservatives such as retired Senator Hugh Segal said it was “badly drafted legislation, flawed, unconstitutional and technically incompetent”.

Both the current and previous Privacy Commissioners said that the bill was a serious breach of privacy in their testimony at the House and at Senate committees. Past privacy commissioner, Jennifer Stoddart, said quite clearly that Bill C-377 was a “a serious breach of privacy.”

The current Privacy Commissioner, Daniel Therrien, said more bluntly that he thought the bill goes too far. In his words, a balance should be struck between transparency, which is an important value, and privacy, which is a value that is also just as important, something Bill C-377 failed to do.

To prove how unfair and unbalanced this bill is, let me share a short story. In 2012, I wrote to the Canada Revenue Agency and asked if they could provide the same information on its employees that Bill C-377 was asking of labour organizations. Its response was that it could not provide the information. The information I received from CRA is that the Privacy Act precludes the CRA from disclosing personal information about its employees. Therefore, CRA, the agency that was set to enforce this law, could not comply with exactly what was being asked of organized labour, of unions, though the passage of Bill C-377.

The second piece of legislation that Bill C-4 will repeal is Bill C-525, the Employees' Voting Rights Act. Like Bill C-377, there was never any evidence provided in support of its need. It was simply another solution in search of a problem. Politically motivated and ideologically based, its sole goal was to make it harder for unions to certify and easier for unions to decertify.

The sponsor of the bill, the member for Red Deer—Lacombe, claimed that the bill was needed because of the “mountain of complaints” regarding union coercion of workers during union certification campaigns.

He said the following in Hansard:

When we hear one person complain about the actions of union organizers, that can be dismissed as a one-off situation. However when we see the mountain of complaints that end up at the labour relations board, it is concerning to me.

That is a serious claim.

Many members might be surprised that when the chair of the Canada Industrial Relations Board appeared before committee during study of the bill, she said that out of 4,000 decisions rendered by the CIRB in the previous 10 years, there were only two complaints of unfair labour practices by unions. That is quite a mountain. She said there were actually more founded unfair labour practice complaints against employers rather than unions.

Bill C-525 made a significant change to the fundamental rights of workers in how they organize themselves, without evidence for its need, bypassing the established consultative process that is critical to maintaining balance in labour relations. Does anyone believe that this is a responsible and fair way for government to make laws that affect the fundamental rights of Canadians?

The previous government was intent on injecting political ideology into labour relations, to a degree that has never been witnessed before at the federal level. I believe both employers and labour would agree that this does nothing to promote harmonious labour relations and is not in the best interests of the economy or our society. Governments must always seek a balance in how they govern, and perhaps no greater place is this required than in labour relations.

The stakeholders in the federal labour sector long ago developed a proven consultative process to amend federal labour legislation. Past Liberal and Progressive Conservative governments supported such a process because it provided legislative stabilities for all stakeholders, and it worked. As a result, there existed a delicate balance that served fairly the interests of employers, unions, workers, and the Canadian economy.

Both Bill C-377 and Bill C-525 politicized that process and undermined the balance in our labour relations system. They were short-sighted labour reforms made without a legitimate consultative process, driven by ideology rather than evidence.

That is why our government is repealing Bills C-377 and C-525. We are committed to the tripartite consultative process, and it is our hope that Bill C-4 will help to re-establish what Andrew Sims said was so important to our modern labour relations regime, and that is balance.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 12:45 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I am not anti-union. My father was a CAW worker for 35 years, my mother and daughter are both part of the teachers' union, and I was married to a welder from Local 663.

However, many union workers before Bill C-377 were upset that many unions received their member dues and were spending them to support the NDP without a secret ballot to get a majority vote.

My question for the member is: Does he see anything in Bill C-4 that would protect the rights of union members?

Canada Labour CodeGovernment Orders

February 16th, 2016 / 12:35 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, I have been struggling to find some rational reason why the Liberals have decided to introduce Bill C-4 to repeal Bill C-377 and Bill C-525 without any chance of allowing both bills to be tested over time.

I was a proud member of the International Association of Firefighters prior to being elected to this chamber. I started my union involvement early in my career, becoming an executive officer and secretary of our association. After a period of raising our children, I became president of our local for three years. I contributed to our provincial and international association, lobbying on behalf of firefighters and their families with all levels of government.

Our association talked about our issues to those in office and we were appreciative of the time they gave us. We hoped our talks with politicians would be in the backs of their minds when the issues came up, not just in caucus, but around the cabinet table. Political action at the time was more about education than it was about influence. There was no political action funding, no well to draw from, and it was simply a matter of working hard to have our issues understood.

As an association, we strove for better understanding and better agreements for our members. Our members came first. Now, as a member of the House, my focus does not differ. I serve in the House for the best interests of my constituents, many of whom are union members.

Last year, a Forum Research poll showed 62% of Canadians approved of Bill C-377, while only 18% disapproved of it. I am assuming that many who were asked are also union members. The survey also revealed an appetite for even greater transparency with 78% of those surveyed saying they would like to see the bill expanded to include employer groups like the Canadian Federation of Independent Business and the Canadian Association of Petroleum Producers.

The labour strategy has evolved. We realize that we can actually influence the decision makers beyond just education. We can actually help candidates and now parties win campaigns.

By funding campaigns with targeted political action funding, we were having an impact. When we started, there was little accounting of how much our union dues were being used for this activity. However, as the request for more direct funding was made, we were able to account for just how much funding was being directed to a political activity and it was quite a lot of money. With the ability to finance massive negative advertising campaigns against a candidate or party, a union's influence has increased exponentially in the modern political age.

Political action funding targeted directly to influence election campaigns is widespread and whether this type of engagement is ratified by the membership at large has become inconsequential.

Prior to Bill C-377, there was virtually no accounting of how much of our union dues were being used for this type of blatantly partisan political activity. To see the effect PAC funding has had, one only has to look back some 15 years in Ontario to see why this is happening now more than ever. As partners of the Liberal government in Ontario, unions have had their way with the government because the borrower is always servant to the lender. They have had the Liberal government's ear and have influenced a vast array of policies and yes, even the outcome of elections in spite of the fact that many union members do not agree with what party that money is supporting.

The union spend over the airwaves in the 2014 Ontario election should make any member of the House and members from legislatures and assemblies from coast to coast to coast blush and take notice.

Members of the House, legislatures, assemblies, and in fact unions across Canada should also heed a strong warning and look at the problems that support for a Liberal government has had on its union members in Ontario.

Failed government policies have resulted in plant closures and lost jobs, lower wages and benefits, and have caused many job and wealth creators to leave the province. Failed government policy has also resulted in choking debt and deficits. That has impacted union members in Ontario with cuts in health services and has impacted their quality of life.

I would humbly suggest that the biggest threat to the union movement and its workers in this country is not Bill C-377, but rather bad government policies. It appears that the federal Liberal government is on the same path as Ontario.

The repealing of Bill C-377 is nothing more than payback for the help the Liberals received this fall. Bill C-377 sought to establish mechanisms of transparency and accountability. I have heard the arguments against it, but the question is a simple one: What is wrong with being transparent and accountable?

A good friend of mine and former member of the House once told me that there is no monopoly on a good idea. The need for transparency in our institutions should be universally accepted in the House no matter which team we play for. Transparency is a good idea and it needs to continue to be one of the hallmarks of our Canadian democracy. It should be about what is good for all workers, and that includes trade unions. Canadian taxpayers accord individual union members deductions to support their unions under the Income Tax Act, that same deduction I benefited from as a union member for 30 and a half years.

What is wrong with transparency and disclosure? I suggest the only thing wrong with transparency and disclosure is if there is something to hide. During the election, because I was a candidate for a party that brought in Bill C-377, I heard from many fellow union members, who had been hearing from their executive and leadership how bad Bill C-377 was for labour. When I asked the members of my union and others I ran into at the door what was so bad about it, the only answer they could come up with was that it was intended to bust unions.

Nothing could be further from the truth. Laws similar to the one brought in by the previous government exist in other countries and the union movement in those countries has not been busted. Repealing Bill C-377 does not promote an open and transparent system. Quite the contrary, it puts unions and union leaders back in the shadows, keeps memberships in the dark, and does not follow the principles of our democracy.

On the issue of Bill C-525, union certification and decertification votes can be highly charged political events that can cause union members to be intimidated by a process that exposes one's views. It can cause stress and fracture relationships. Why should they not be held in secret ballots and why should someone not have the right to keep their views tightly held to them, and them alone? Bill C-525 eliminated coercion, removed intimidation, and mirrored the right of every Canadian who casts a ballot to be entitled to cast their votes in secret and to vote with their conscience.

On February 3, 2016, my colleague from Louis-Saint-Laurent asked a question in the House of the Minister of Employment, Workforce Development and Labour and she responded on behalf of the Liberal government. He asked, “Yesterday the Prime Minister said, in answering a question I asked him, that Bill C-525 is undemocratic. Can the minister explain to this House how it could be undemocratic to have a secret-ballot vote?”

Her answer to the chamber was, “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.”

How much consultation has the government held on repealing these acts other than to meet with those writing big cheques to the Liberal Party caucus? How much consideration is being given to allow fairly recent legislation to take root?

The U.S. passed a union transparency law in 1959, the labour-management reporting and disclosure act, or, as it was better known at the time, the union members' bill of rights. The act was intended to protect and promote democratic processes and democratic rights of union members, including the freedom to vote at meetings, to express any argument or opinions, and to voice views upon union candidates and union business. The legislation stood the test of time for nearly 40 years, before Congress made some amendments to modernize it.

The bill before the House today is not sound legislation. It is more about paying back political favours and less about the strength of unions in this country. It is not in the best interests of Canadians, and I urge all members of the House to see it for what it is and reject it as a step backward.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 12:30 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I found a couple of things the member said interesting. He had time to thank union leaders, but I did not hear him thank any union members in his riding. It might also be important to speak to them before he supports Bill C-4.

We heard a lot from the member's Liberal colleagues today that for some reason a private member's bill is illegitimate, that it does not really mean anything, that if it does not come from a minister or if it is not a government bill then it really has no weight. I am curious. As a backbencher and a new member of Parliament himself, does he agree with the statement that you have no voice and you will likely not have a private member's bill because your party does not believe in them?

Canada Labour CodeGovernment Orders

February 16th, 2016 / 12:20 p.m.


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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Madam Speaker, thank you for letting me have the opportunity to speak today. This is the first time I have risen to speak in debate. I first want to thank voters in my riding of Saint John—Rothesay for electing me. They elected me with a very strong mandate, almost 50% of the vote. I certainly want to acknowledge and thank the great MPs who ran and served in my riding before me: Rodney Weston, Paul Zed, Elsie Wayne, Gerry Merrithew, to name a few. This is a matter of note too. I am the third Liberal MP to serve in Saint John—Rothesay in the riding's history, so I am very honoured by that.

I also want to thank my great campaign team and my campaign managers, Warren Coombs and Warren Long, for their leadership in helping me along the way; and I certainly want to thank my constituents very much.

I was elected on a mandate to stand up for Canada's marginalized and middle class. The past 10 years of the Conservatives' attempts to degrade, demoralize, and dismantle unions cannot continue. That is what Bill C-4 begins to do.

I would like to begin my speech today by highlighting the proud history of unions in my riding of Saint John—Rothesay. We are the first incorporated city in Canada. I am tremendously proud to represent Saint John—Rothesay in the House.

In 1851, believe it or not, Saint John stood as the third largest city in British North America, with a population of 31,000. Saint John was led by the hands of merchants, financiers, railroad men, and most importantly and significantly, shipbuilders, envisioning a prosperous economic centre. At this time, business in our great city flourished, pioneered by the shipbuilding and rail community. Saint John was a stronghold for trade unions. With united and well-represented tradespeople, Saint John was a perfect example of how unions can positively contribute to our communities. Let us not forget that it was unions that built the middle class of our country. It is unions that protect the workers. It is also the Liberal Party of Canada that is standing up for the middle class.

Saint John was a perfect example of how unions can positively contribute to our communities. As a cornerstone of business, unions created a strong and vibrant middle class that built an unrivalled shipbuilding and trade hub for Saint John.

As Saint John proved that the strength of our economy relies on the middle class, bills like Bill C-377 and C-525, and the proposed amendment from across the floor, weaken the labour movement and hold back Canadian potential. The bills must be repealed.

In 2016, unions continue to play a vital role in my riding's economy. I stand up for, and will continue to stand up for, local unions such as our local firefighters union, police union, IBEW, the Public Service Alliance, and many more. We are a union city. That is exactly what Bill C-4 does. It stands up for unions, Canadian workers, and most importantly, Canada's middle class. It is why I whole-heartedly disagree with the amendment presented by the member for Louis-Saint-Laurent, and I stand with the government in supporting Bill C-4 as currently written.

Bill C-4 should be supported by all members, without the proposed amendment, for two reasons. Bill C-377 creates unnecessary red tape for unions. Bill C-525 was supported without evidence, and neither unions nor employers wanted it. The amendment only seeks to undermine the purpose of Bill C-4, by pitting employers against employees.

At the time, the Conservative government claimed Bill C-377 was in large part justifiable due to the complaints received from union members. Let us be clear. These complaints represented 0.0002% of the over 4 million union members in Canada, while pre-existing legislation from both provincial and federal governments already required unions to issue financial reports and make them available to members.

This did two things. It created a massive unnecessary administrative burden as well as put unions at a major disadvantage during collective bargaining, making it more difficult for unions to influence the Canadian labour landscape. That is not what this government is about. In fact, it was the right hon. member for Calgary Heritage who stated in January of 2011: “Cutting red tape is a most effective way to show that we are making government work for people, not the other way around.”

The opposition could not justify support for Bill C-377 then, and it cannot justify it with these proposed amendments.

The amendment presented before the House speaks specifically to Bill C-525 and the certification and decertification of unions. This amendment seeks to oppose the exact goal of this bill. It cites legislation that was baseless and without evidence in 2014 and continues to be so in 2016. Bill C-525 was presented on the basis of consultations with labour unions and employers. However, neither employers nor unions sought out these changes or identified a single problem in the process in relation to this amendment.

Opposing this amendment upholds the commitment of our government to building evidence-based policy. If the Conservatives ever looked at considering the evidence, they would have found that their so-called mountain of complaints, which is how it was described at the time, was a whopping six complaints out of 4,000 decisions the Canada Industrial Relations Board made in the past 10 years. Although I am not a member from British Columbia, six out of 4,000 does not seem to be a very big mountain.

This amendment states:

...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.

In fact, it does the complete opposite.

This amendment promotes a system that unions in Saint John—Rothesay and across the country agree has not been working well.

Bill C-525 eliminated card-check certification and added an unnecessary second step for certification. It has become an invitation for employers to interfere with the democratic right of workers to choose representation. Amendments made to this bill in 2014, went even further on the Conservatives' assault of democracy and the attack on unions by further lowering the threshold for decertification applications to reach a vote. It undermines collective bargaining and, to be clear, the Canadian labour movement.

I would like to clarify what the secret ballot vote-based majority discussed in the amendment actually means. It requires any organization seeking certification as a bargaining agent to enter into mandatory voting and replaces the card check system whereby employees voice their willingness to form a union by signing a union card. In the system imposed by Bill C-525, unions require support from 50% of all employees instead of 50% of the employees who voted. If we were to apply this same logic to the 2011 election, which elected the previous Conservative government, it would have received only 23.6% of the vote, not even half of what is now required to form a union.

Numerous unions from my riding have voiced their opposition to Bill C-525, arguing that the card-check certification model is quicker, more efficient, and more likely to be free of interference.

In conclusion, as the member of Parliament from a community with a proven union track record, I unequivocally support Bill C-4 without the presented amendments. This amendment is just like Bill C-525, which is a complete assault on unions and especially employees. It has created a diluted form of democracy that gives employers too much influence over the creation of a union, and attempts to fix a problem that never existed, and is based on evidence never existed.

I am standing up for unions, and for the unions in Saint John—Rothesay, by saying no to this amendment and yes to evidence-based policies.

In closing, I would like to thank union leaders like Dave Stevens, Peter Anderson, Abel Leblanc, Pat Riley, Chuck Hickey, Darlene Bambridge, Debbie Ferguson, and other great people in the riding of Saint John—Rothesay, for taking a leadership position and helping unions grow in Saint John—Rothesay.

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February 16th, 2016 / 12:05 p.m.


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NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, it is hard to follow up with the reference to Donald Trump in this chamber. I will leave it at that.

I would like to refer to Bill C-377 and Bill C-525. The Conservatives often attached names to their bills. Basically these were known as bills to create two straw men. It was really an attempt to create an issue that had not existed and they sought a solution to a problem that did not exist. I say that because unions and corporations are barred from political donations.

Former Prime Minister Jean Chrétien brought this to the House, and it was something that I and my colleagues supported. It has been a good way going forward, and has been replicated by provincial NDP governments to ensure ordinary voters and citizens have as much of an impact on the voting process as larger and medium-sized corporations, big unions, and small unions do.

Another good change I saw was the limitations put on some of the lobbying activity that took place related to those donations. I often saw, through TPP grants, a former program, the government of the day, either the Conservatives or the Liberals, would have large grant donations go to companies under the TPP program. Those companies then would spend hundreds of millions of dollars in donations to the party. That was a bad practice.

Another bad practice was related to the funds that members of Parliament were allowed to keep in secrecy, different from the riding association. In the past a number of different MPs were able to accumulate funds independently. That has changed as well.

Those contributions, be it political, union, or corporate donations, are gone. Those were good, credible movements made by former Prime Minister Jean Chrétien. I give him credit for that because this is a better place and more reflective of the people.

With regard to the tone we heard from union bosses, this is nothing more than passive aggressive attacks on their institutions and Canadians who are democratically elected to their positions through their membership, and membership reviews. In fact, if the union collectively bargains for an agreement and the membership turns it down, it could then remove the leadership for the collective bargaining.

Sometimes it is done voluntarily, when the leadership recognizes it has missed the point from the workers. Most recently, we saw this take place in Ontario with public servants of correctional facilities. An agreement was turned down, and the message to the union negotiators, including the executive, was that greater accountability was needed and not enough was being done to win their support.

There are processes in place for accountability. Union members can get annual reports.

I would like to talk a little about some big union bosses, Rob from CUPE Local 82 and Dino from Unifor Local 444. We had a skate and donate program. CUPE Local 82 members took Family Day off and volunteered to help raise money for a local women's shelter and our downtown mission. I was fortunate to get two children's bicycles from Unifor Local 444. There were no complaints whatsoever. There were non-union, union, and other people from the not-for-profit sector there. We tripled our donations for those organizations and food banks. We also brought in triple the amount of food.

Big union bosses contribute so much on a regular basis to social justice causes; everything from refugees to a number of different programs, including food banks. They hold press conferences. Local 200 donates to eight children's groups. This is in the Windsor Star. It is in the public. All the members from Local 200 are Ford workers. They have had a struggle with this economy. It is because of the quality of their work that we have not lost more jobs. We have seen the failed practices of Liberal governments in the past and the former Conservative government with respect to the auto industry, which shrank from number two in the world in assembly to number eight.

Despite that, we have investment taking place because the members of the unions are good workers and they run a series of health and safety programs to ensure injury reduction in the workplace. Unions have bargained for those rights to increase the productivity of the workers. Because of that, without any government investment at all, Fiat has invested in the Windsor Chrysler assembly plant. It is now hiring 1,000 workers to increase production for the new minivan now known as the Pacifica.

Despite the economic conditions, this plant is the number one manufacturing facility since World War II. It has been operating now for over 10 years on three shifts, and has been making money for the company, rescuing it at different times. As well, the unions have been donating money on a regular basis. Members know this because it has been in the paper. Local 200 has given to the autism society of Windsor and Essex, the Bulimia Anorexia Nervosa Association, the Windsor-Essex Children's Aid Child Abuse Prevention Portal, Computers for Kids, Childhood Leukemia Foundation, Canadian Mental Health Association, Griefworks children's program, Jumpstart, and the Sunshine Foundation Dreams for Kids.

This is not only published in the Windsor Star, but it also is also publicized in the general media through TV and radio. Therefore, union members know exactly what is taking place because they are tuned in. We have had long-standing representation from their executives, but they have had to win their workers over. That is done mostly through the confidence in their collective bargaining agreement and through their actions in the public.

There are hundreds of thousands of dollars locally in my community, and I am proud to say I have a union town. The hypocrisy about this is when we talk about secret votes. Let us set the record straight. Unions are not allowed secret votes, but it is okay for members of Parliament to have a secret vote to elect a Speaker. There is no problem with that. We have the Board of Internal Economy committee. We hunker down behind closed doors and nothing goes public, and that is okay. We have different rules.

When I was a city councillor, and that was a while ago, we could only go in camera, or behind closed doors when the public and media were excluded, for issues related to property, personnel, and conflict of interest. There were very specific rules. However, what I have seen in my years here is that if somebody sneezes, the committee can go in camera. It is a ridiculous process and it shuts the doors to accountability. Although the taping continues, we cannot make the information public later on. Members can access it to listen to the proceedings, but they cannot talk about it. It is outrageous that this hypocrisy takes place.

Bill C-377 and Bill C-525 trample on a number of different rights, which are often looked at by experts as constitutionally unacceptable. Most important, they will also cost Canadian taxpayers over $20 million just to instate a program and an additional $5 million for one bill alone. It is a cost that should not be accepted. Therefore, I and my colleagues support Bill C-4.

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February 16th, 2016 / noon


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Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Madam Speaker, obviously, with regard to what she is talking about right now, we will let the discussions unfold. I have always had a deep respect for public sector workers. I have always had respect for them, their remuneration, and anything dealing with the benefits they receive. Yes, I do. It is a negotiation between the government and the union. I realize that. I will leave that at what it is right now and speak about it later when the time comes to vote on that particular legislation.

What I am focused on right now is untangling the mess in Bill C-4, and I thank the member for her comments about it. She supports Bill C-4, and I appreciate that support for all the reasons we do: the injustices in the particular provisions contained within Bill C-377 and Bill C-525.

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February 16th, 2016 / 11:50 a.m.


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Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

With bated breath, yes indeed, Madam Speaker.

When prorogation takes place, the bill resets and goes back to its original form. The bill in its original form then went back to the Senate, but Hugh Segal was not there, unfortunately. Therefore, it was passed in its original form, which is the reason why we are here today talking about Bill C-4 in this manner.

I want to talk about one of the situations my NDP colleague brought up earlier when it comes to transparency. I remember when a gentleman, an independent member of Parliament, Brent Rathgeber, had a private member's bill on transparency and the disclosure of salaries, and so on and so forth. He specifically went after a couple of elements within the public discussion. He went after the CBC, wanting the disclosure of CBC salaries, and so on and so forth. There were some problems with the bill when it came to the CBC being quasi-competitive in the private sector, but he also talked about divulging or making transparent the salaries of people in government, including the salaries of the people who worked in the PMO, the Prime Minister's Office of the day, the Conservative Prime Minister.

The Conservatives amended the bill. Mr. Rathgeber's bill said that anyone making around $150,000 should have their salary divulged. It was based on the sunshine list that exists in Ontario, which concerns anyone making more than $150,000. The Conservatives amended it so that only someone making more than $400,000 a year would have their salary disclosed. Anyone making less than that would not have their salary disclosed. As we say back home, “You are too cute by half, sir”. The Conservatives were trying to protect their own.

It is funny that we have massive disclosure demanded from labour organizations, but when it came to the Conservative Prime Minister's Office, it was not the same standard. That is why we are here today.

I support Bill C-4 for the reason that it untangles the effects of the two private members' bills, despite the strong efforts by the two members who brought forward these private members' bills, a process that we still uphold here as honourable for each and every individual member. However, I disagree with them and therefore I would strongly urge all of us to vote in favour of Bill C-4.

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February 16th, 2016 / 11:45 a.m.


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Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Madam Speaker, I thank all of my colleagues who have spoken on the bill thus far.

This exercise is not so much about outlining the vision of the legislation that we have before us, but about untangling what has been tangled before. Therefore, we now find ourselves in this position where we are taking back two particular bills.

I will not specifically address the issue of private members' bills and how they are being used, whether for nefarious reasons or not. Personally, I respect private members' bills, no matter what they are. They are from a member and there is a reason they exist. However, I would like to attack these particular bills based on their policies and how they are unfair in this context.

Bill C-377 and Bill C-525 were bills that I did not support from the beginning. Therefore, we need to undo what has been done in order to proceed any further, and Bill C-4 would do just that.

Both Bill C-377 and Bill C-525 passed without the extensive consultation process traditionally used for labour relations law reform. This is what we call the tripartite way of doing things. We have the government, the union and organized labour and, of course, we have the employers, all of which need to be consulted on something as important as this, because it affects so many Canadians across the country. Changes to labour relations legislation has always been preceded by this.

I have two examples of how this was done. I would like to bring these examples to the House because they illustrate the way things should be done using the tripartite process.

In 1995, the Sims task force did extensive public consultations on part 1 of the Canada Labour Code, and included labour, employers, and government stakeholders. The name of the report is “Seeking a Balance”, which formed the basis of major changes that came into effect in 1999. Going further back to 1978, the second example I would like to use, was the Woods task force, which was another tripartite consultative process. It was used to bring about change to the federal industrial relations system.

However, with Bill C-377 and Bill C-525, there was not much consultation. I am not sure of all the work that the members did in response to these two bills, but I would assume that the opposition during the committee process both here in the House and in the Senate illustrates that a lot of consultation did not take place in this tripartite manner.

I will go to the part where the bill talks about some of the other non-labour practices of the former government. Of course, in many situations the Conservatives went against many of the unions and organized labour, and a result caused a very poisoned atmosphere over the past while. Whenever we heard the government talk about big union bosses and the like, it created a stir among organized labour and many governments, both provincial and here in Ottawa.

Here are some of the rules the Conservatives brought in: a requirement to provide information on the time spent by officers on political lobbying, which would then be made publicly available on the Canada Revenue Agency's website; and an obligation on unions to provide their financial statements to their own members for free and when they are asked for it.

This was almost a situation where the Conservatives wanted to create a solution to a problem that did not exist. They did so without the right amount of consultation and, as a result, neglected to see some of the steps that had been taken over the past 20 to 25 years by organized labour, employers and the associations they are represented by.

Bill C-377 was directed solely at labour organizations, and that was quite evident during the evidence that was given here in the House and in both House and Senate committees. It was directed at labour trusts and not at any other professional associations, which, by the way, benefited from similar treatment under the Income Tax Act, but they were not specifically told to be more transparent as well.

As hon. colleagues will recall, the Minister of National Revenue has waived the reporting requirements for 2016 in Bill C-377 knowing that we intend to work to repeal the bill.

I will go back to the debate that took place, before we get into Bill C-4. When Bill C-377 went to the Senate, a colleague of ours by the name of Hugh Segal, a Conservative senator at the time, was vociferously against the bill, to the point where he had brought amendments that were accepted at the time. I will read an editorial he did after retiring from the Senate about how he was against Bill C-377 and its fundamental principles. I will quote from his editorial:

The Canadian Bar Association questioned its constitutionality, as it sought to circumvent normal provincial jurisdiction over labour relations and trade unions by imposing Canada Revenue Agency reporting requirements via federal statute.

There he talked about the constitutional crisis that had been raised by this particular situation. We can question the constitutionality of the bill as defined by the powers directed by the provincial governments and the federal government, which are laid out quite clearly.

Former Conservative Senator Hugh Segal went on to say:

There was also the issue raised by many witnesses before the committee that reporting relationships for small expenditures being imposed on unions and union locals were not being imposed on other corporate or charitable/not-for-profit groups.

We saw this in the House of Commons testimony as well, when witnesses talked about how the same onus was not put on other associations to divulge or make transparent the activities they do and the contributions they receive, including from whom, which really would have created a balance.

The imbalance during labour negotiations was also talked about and mentioned in Hugh Segal's article and the point was made that information would be divulged by local labour organizations to the point where it would put them at a distinct disadvantage in certain negotiations.

I want to thank him for doing that, because I thought that in earnest he had put together some very viable amendments. Let us face it, like every bill of this size, there are good points and there are bad points, but Conservative Senator Hugh Segal attempted to make amendments. I should not say “attempted”, because he actually did make them. His amendments were accepted by members of the Senate, and then the bill was sent back here to the House for it to address it once more with those fixes in place. The House was prorogued.

Here, I know that everyone is just waiting to hear how this works, right? It is that type of day.

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February 16th, 2016 / 11:45 a.m.


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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Madam Speaker, that is the hub of what we are talking about here in this debate on Bill C-4, brought forward by the member for Kildonan—St. Paul.

It is very true that the intimidation that I spoke about in my own remarks here is exactly why they need to have a secret ballot. Under the old mechanisms, a 35% sign-up gave them a union, but they had to have 50% to decertify a union. My colleague brought in Bill C-525, one of the first bills that I had the opportunity to speak to in this House. We levelled it at 40% either way, and that does still not even require half. It is a very fair piece of legislation that was on the books, and that is why I make the comment and the point that the Liberals are trying to fix something that is not broken.

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February 16th, 2016 / 11:35 a.m.


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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Madam Speaker, I rise today to speak against Bill C-4, which would roll back the rights of hard-working union members and repeal transparency legislation that finally allowed some sunshine to be let into the financial ledgers of opaque unions.

I respect the Minister of Employment. I have had the pleasure of getting to know her over the past 16 years and enjoyed the time we spent together in the Manitoba legislature. I remember that my hon. friend and her NDP colleagues at the time introduced a similar bill in 2000 and rammed it through the Manitoba legislature, a bill that massively favoured the interests of union elites and took away the ability of union members to stop their union dues paying for their union bosses' political agendas.

I also noted her comments in the House about how Bill C-4 would improve Canada's economy. I only pray that her now Liberal government does not increase Canada's debt by over 500% as her former NDP colleagues have done in Manitoba since her days in government. It is also interesting to note that at that time, former Liberal MP Jon Gerrard and leader of the Manitoba Liberal Party not only spoke against this legislation but he voted against it as well.

Today I want to talk about three things: first, the flawed motivation the Liberals have for introducing this legislation at this time; second, the importance of a secret ballot as a pillar of our democratic institutions; and third, the principle of fairness for certification and decertification.

The timing of this legislation leads me to believe that the new Liberal government is on manoeuvres. The fact that even the Liberal minister who introduced this legislation admitted that the bill was quickly tabled leads me to believe that ulterior motives are behind it.

It is too easy to just assume that this legislation is a reward for all the unions that backed the Liberals in the last election. Not even the Liberal government would change the law to remove mandatory secret ballots for union workers as a quick “thank you” to the unions that actively and publicly supported them but also spent thousands upon thousands if not millions of workers' dollars attacking the Conservative Party.

The big issue here is not Bill C-4 itself. It is not even Bill C-5, the bill the Liberals introduced next to settle their union debts. We have to look at the big picture here. It is not just that the Liberals owe some of their election victory to the thousands of workers' dollars the union spent against us, it is that the Liberals are using the rights of workers across the country as a bargaining chip, literally.

The lightening speed of the bill's introduction can only be explained by the looming spectre of collective bargaining the Liberals have coming with their own public service unions. Quite simply, they are trading the rights of hard-working Canadians in the hope of a smoother ride at their own negotiating table. It leads me to ask: did the Liberals care about union rank and file or only about making their own lives easier? It is clear that the Liberals are introducing this legislation for their own ends and not to solve a problem that actually exists.

This leads me to my second point: the importance of the secret ballot as a democratic principle. Each hon. member in the chamber is here today because residents in their ridings chose to give them the most personal thing they possess, their vote. We have no higher duty in our role as members than to safeguard the democratic principles that hold our country together. The secret ballot is the highest pillar of this process. It seems absurd to me that a member of the House could get up and argue that we need less voter protection, that we need less transparency, that we need less democracy. It seems absurd to me that a member of the House could get up and argue that we need more secrecy, that we need more union intimidation, and that we need more power for big union bosses.

The Liberals are creating a problem that does not exist. Nobody is banging down my door, nobody is calling my office, and nobody is emailing me saying they want workers to be stripped of the right to a secret ballot. Even the national president of the Public Service Alliance of Canada Robyn Benson said so much herself when she testified in committee in 2014, “Contrary to what you may have heard, PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action, as examples.”

The old card check system allowed for a workplace to be unionized without letting all employees have their say. In fact, unionization could proceed with a significant portion of the workers having no idea unionization is even going on.

As many of my hon. colleagues will know from their experience in electoral campaigns, candidates often spend their time going door to door, asking for support of their friends and neighbours. Most say yes. Sometimes they mean it, and sometimes they just want them to get off the porch or do not feel comfortable saying no to their face. It is a good thing that candidates cannot force people to vote at the door when they are canvassing; otherwise, the potential for voter intimidation would be disturbing, indeed. It is a good thing we have a secret ballot vote later to decide who the MP will be.

The former card check system, without a mandatory secret ballot, was ripe for intimidation, intentional or not. In this system, workers could be pressured by unions or their colleagues in the signing of a union card. I ask colleagues to imagine what it feels like in a workplace full of tension, where a worker is on the fence about joining a union but is bombarded by peer pressure from all sides.

The only true way to safeguard the rights of these workers is to let them express their true wishes through a vote, and the only way to do this properly is through a secret ballot. This notion enjoys widespread support across Canada and 5 of 10 Canadian provinces have mandatory secret ballot vote legislation. The Liberals have absolutely no good reason to get rid of this vital check.

Finally, let me now turn to one specific detail in the bill, that which deals with the number of votes it takes to certify or decertify a union. Before Bill C-525, it took the signatures of 35% of the bargaining unit to trigger the process to certify a union, while it took 50% to decertify it.

Bill C-525 is grounded in the core principle of creating an equal and fair playing field for supporters and opponents of unionization. We believe that it should be up to the workers to decide, not the employers, and not the union bosses. This was achieved by setting the bar for both certification and decertification processes at 40%; a wholly reasonable number to trigger a vote that necessarily involves wide-ranging consultation.

Now, the Liberals are trying to narrow the circle of people that unions and employees need to involve to make decisions; ultimately, making the process less democratic.

The bill is all about narrowing the democratic legitimacy of unions and scaling back the rights of workers to select their representatives and to determine their own fate. It is truly an affront to democracy for elected members of this chamber to demand that other institutions in their country be made less democratic, that they be made more exclusive.

As the representative of the residents of Brandon—Souris, I cannot support the legislation. It is clearly designed to settle Liberal debts to unions from their last election campaign, to strip workers of their right to a secret ballot, and to create an uneven playing field for workers to determine their own fate.

I encourage all members of this House to vote against the bill.

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February 16th, 2016 / 11:30 a.m.


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Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

Madam Speaker, accountability is already there. Again, this is not a real argument. The accountability mechanisms in Bill C-377 go above and beyond anything that is reasonably necessary. I wonder why he thinks union members should have more accountability than members of Parliament when it comes to reporting their expenses.

As for a free vote, whether this is a free vote or not, I am happy to vote for Bill C-4. I welcome all the members opposite to have a free vote and join me in supporting Bill C-4 and helping unions prosper in our great economy.

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February 16th, 2016 / 11:30 a.m.


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Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

Madam Speaker, I want to thank the member for the question, and I also want to thank her for welcoming me to the House and congratulating me on my speech.

Of course, that is an important issue, and people have a right to know where taxpayer money goes. The point is that the legitimacy, the transparency, and the openness are already there. The old bills create no new mechanisms. Reporting requirements were already there. All they do is make it harder for unions to operate and less likely that they will be able to thrive in this economy. That is the purpose of repealing these bills. I am happy to support Bill C-4. At the same time, we are supporting openness and transparency.

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February 16th, 2016 / 11:15 a.m.


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Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

Madam Speaker, I am honoured to rise in this House to speak in support of Bill C-4, and with it the repeal of Bill C-377 and Bill C-525. Bill C-4 is an important step forward and yet another example of this government following through on our promises.

Before I begin, I want to acknowledge that this is my first time rising in the House to speak in debate since being elected by the great people of Newmarket—Aurora. I want to thank the voters who placed their trust in me to represent them here in Ottawa.

I also want to thank the hundreds of volunteers who supported our campaign during the election. As a long-time resident of my community, I am truly honoured by this. I particularly want to thank my wife Andrea, and our two sons, without whom the success of the campaign would not have been possible.

I look forward to working with all members in this House in an effort to accomplish great things for our great country.

There is an important topic in front of us today, and that is Bill C-4. This government recognizes the important role that unions play in protecting the rights of Canadian workers and in helping to ensure a strong and prosperous middle class. Bill C-4 is an integral step to ensuring Canada's labour laws best foster positive and productive working relationships between employees and employers, an approach that strives for balance. If we look to Bills C-377 and C-525, the Employees’ Voting Rights Act, it is clear that balance was not the objective.

What is also clear is that a number of legitimate concerns were raised by stakeholders, which were ultimately ignored by the previous government. While it rushed to pass these bills just before the election for partisan gain and as a tool to punish unions, Bill C-4 would go a long way to restoring the fairness and balance that was lost under the previous bills. Not only did the legislation diminish and weaken Canada's labour movement, it was also counterproductive to ensuring a positive work environment. The bills were political gimmicks used for partisan gain and nothing more. They addressed no pressing problem, no great evil, and merely duplicated much of the legislation found in the Canada Labour Code and provincial regulations. We campaigned, and rightfully so, on repealing these hyperpartisan acts, and today we are closer to doing so.

It was clear from the beginning that Bill C-377 would create an unnecessary advantage for unions during collective bargaining, while Bill C-525 would make it more challenging to unionize and much easier for bargaining agents to be decertified. This meant that union members already facing challenging conditions when going through the collective bargaining process would have to tackle even more red tape and more uncertainty. This government wants to eliminate the unnecessary red tape and allow Canadians access to the kind of productive, positive working relationship between employees and employers that unions strive for and Canadians deserve. We will accomplish this through Bill C-4.

After the introduction of Bill C-377 by the last government, a number of high profile organizations were vocal about their opposition to it, including the Canadian Bar Association, the association representing police unions, and the federal Privacy Commissioner, to name a few. These organizations argued that Bill C-377 is ultimately an invasion of privacy for the significant number of people falling under its broad reporting requirements. Through several well-crafted and thoughtful, albeit ignored submissions, the Canadian Bar Association warned that this bill interferes with the internal administration and operations of a union, which is likely prohibited under the constitutional protection of freedom of association. Many provincial governments and employees agree, and the Alberta union of public employees launched a constitutional challenge against the legislation.

Beyond the likely unconstitutionality of Bill C-377, it would also be impractical to administer, including the high cost this would place on the Canada Revenue Agency to process the increased volume of disclosure. Though it is always easy to increase regulation or create more red tape, the costs, whether to the organization, or in this case to the government agency, can be significant and should not be overlooked. This is yet another reason to repeal this bill.

While the Conservatives wanted to increase the number of hoops for unions and their members to jump through, this government is committed to eliminating them.

To say that these bills were not a highly partisan move by the previous government would be false. All we need to do is look back over two years ago, when on June 26, 2013, a Friday afternoon just days before the summer recess, 16 Conservative senators broke ranks and voted to gut Bill C-377 and send the amended legislation back to this place. Parliament was prorogued before members of the House could deal with it, sending it back to the Senate without any changes. It took another two years before the long reach of the former PMO finally managed to accomplish what it set out to do in the first place and the law came into force.

Aside from the large number of organizations that were quite vocal in their condemnation of Bill C-377, a number of provinces, seven to be exact, also stood in opposition to it. These provinces already implement strong and important requirements for financial disclosure among the unions. Duplicating these measures not only encroaches on the jurisdiction of these provinces but also creates undue adversity for unions. Above and beyond these duplications, Bill C-377 also goes a step further and requires labour organizations to disclose more information than required of any other organization. This unfair treatment would ultimately have severe consequences on how unions operate in serving their members. Our government wants to protect the role of the union on behalf of the hundreds of thousands of Canadians who rely on them. Unions are a legitimate part of the Canadian economy and its social fabric.

Bill C-4 recognizes the concerns that were raised months and in some cases years ago, and addresses them by allowing the provinces to continue their work in their jurisdiction. Bill C-4 would also ensure that labour issues are free of the potential breaches of individual privacy rights that were so obviously threatened by Bill C-377. The provinces play an important role in securing the transparency and accountability of unions, and through the imposition of Bill C-377, labour units are thrust into unfair circumstances that make it challenging and sometimes impossible to be compliant.

Bill C-4 would clean up the mess that Bill C-377 left behind. It would restore balance to existing relations between unions and employers. It would get rid of the duplication of reporting requirements. It would remove the discriminatory nature of Bill C-377, and it would uphold the privacy of all parties.

This government has also been steadfast in its position on how best to rebalance the rights of workers and employers in Canada. Bill C-4 will be a welcome relief to the past government's back-door nature, exemplified by Bill C-525, a private member's bill that had no stakeholder consultation whatsoever yet will wield significant impact.

Bill C-525's impact spreads deep, from the way unions can form to how they operate, and ultimately whether or not they can decertify. Bill C-525 put in place a requirement for a majority secret ballot vote by employees before any bargaining unit can be certified or decertified, a clear and obvious attack on unions by the previous government. By changing these thresholds under Bill C-525, not only did the previous government make it harder for bargaining agents to be certified, it made it easier for a bargaining agent to be decertified. Bill C-4 will go a long way to re-establishing a positive working relationship between employees and employers to allow for a more efficient, quicker process. Through the repeal of Bill C-525, I am proud to say that the certification process will be more efficient and more likely to be free of employer interference.

This government will work hard for the rights of workers and employers across Canada, and Bill C-4 is the first step in rectifying the partisan attacks on hard-working Canadians by the past government.

I am pleased that I have had the opportunity to discuss such an important bill, which affects over 18,000 labour entities in Canada, including locals found in my riding of Newmarket—Aurora. This government stood before Canadians last October and made a commitment to voters that if the Liberal Party formed government, Bill C-377 and Bill C-525 would be repealed. Well here we are, a little over 100 days later, doing exactly that. This is a government that believes in bargaining in good faith and that unions play an important and legitimate role in the success of our economy. I am proud to have this opportunity in the House to defend those rights and look forward to a productive and respectful working relationship with labour unions moving forward. I urge all members to do the right thing and support Bill C-4.

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February 16th, 2016 / 11:15 a.m.


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Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Madam Speaker, I am glad the third party will be supporting our position on Bill C-4. This was an important situation where we felt that the approach of the previous government was inappropriate and that we needed to have a restart in our relationship with organized labour.

As to the member's substantive question on the minimum wage, the member knows well this party's position. We supported the motion put forward by the NDP with respect to this.

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February 16th, 2016 / 11:10 a.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I am pleased the member explained a lot of why the Liberals put forward Bill C-4. He clarified a lot of the confusion.

He was pretty clear that accountability and transparency was great as long as it was easy. However, as soon as it was a burden on the CRA or the unions, then there would be pull-back on that. This explains a lot about the Liberals' platform moving forward in the last 100 days.

My colleague talked about how this would help move the economy forward, if we eliminated transparency and accountability, secret ballots, and those kinds of things. Does the member feel that eliminating the democratic process of secret ballots is somehow going to help unions and the government move the economy forward?

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February 16th, 2016 / 11 a.m.


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Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Madam Speaker, it is a pleasure to have this opportunity to speak in support of Bill C-4, which was introduced by the Minister of Employment, Workforce Development and Labour to repeal the legislative changes made in the previous Parliament by Bill C-377 and Bill C-525.

In the broader strokes, this particular bill ultimately aims to restore balance and a fairer approach in labour relations here in Canada. It seeks to restore the balance between employers, workers and, I would note, the government. This is ultimately what I found the most offensive part of the previous two private members' bills that were introduced and passed in the previous 41st Parliament, the notion of actually making sure there was a broad consultative process. From my perspective, because it was introduced as private members' legislation, it did not afford the same kind of opportunity that a piece of government legislation would have done. Had it been introduced by the government, the minister for employment would have been responsible for a broad consultative process with workers, labour unions, and other interested parties. Instead, it was done under private members' legislation.

I listened to some of the earlier commentary that our concern about private members' legislation somehow demeans the value of such legislation. That is not the case. There are appropriate times and ways in which private members' legislation should be brought forth, but there is no guarantee under private members' legislation of the same opportunity for a broad consultative approach that can be done by way of a government bill. For us, the reasons for bringing forth Bill C-4 are not only that it was a campaign platform commitment, but more importantly that of making sure that we do things by way of broadly consulting all Canadians. From my perspective, the former Bills C-377 and C-525 seem to be solutions in search of a problem when there was not a fundamental problem.

The other issue I want to raise is that the fundamental outcome of this legislation being put forward was to freeze labour relations in Canada. At its core, this approach by the previous government was fundamentally flawed. If we are to effectively move our economy forward, we have to bring everyone together, rather than taking the approach of the previous government which sought to divide people. That, again, was at the fundamental heart of those two pieces of private members' legislation.

I would like to use my time today to discuss the details of these two pieces of legislation, why they would be repealed by this government, and what the ultimate impact might be on unions and workers. In turn, this will give Canadians a sense of the benefit of repealing the legislation, as we are proposing under Bill C-4.

Let me begin with Bill C-377. This private member's legislation was introduced by the former member for South Surrey—White Rock—Cloverdale, Russ Hiebert. As I understood it, the purpose of the bill was essentially to force labour organizations and labour trusts to provide detailed financial and other information to the Canada Revenue Agency. That would include things like disclosure of salaries, time spent working on political and lobbying activities, and so forth.

From my perspective, the issue was not so much the disclosure but the fact it would apply only to labour unions. This information was not being required more broadly from other organizations, such as professional organizations. They were not asked to have the same standard of disclosure.

Therefore, from my perspective, that is somewhat problematic. While it might not seem, as framed by the members of the official opposition, that public disclosure is not unreasonable, if we really dig down deep into the particular issue, we will see there are some serious and substantive ramifications with their approach.

First, it creates an extra level of unnecessary and, ironically, by a government that was seeking to reduce red tape, a more bureaucratic process. The kinds of regulatory requirements that would be imposed upon smaller unions to comply with the requirements under Bill C-377 is particularly odious.

As well, the Canada Revenue Agency would also have to share this burden, multiplying the amount of the work the CRA would have to do. As a result, that cost burden would have been ultimately borne by all taxpayers.

The proposed changes were unnecessary because unions were already financially accountable to their members under the Canada Labour Code.

Provinces, in many instances, I believe in seven jurisdictions, indicated that this was also an encroachment on provincial jurisdiction. Many of them felt this legislation was potentially ultra vires of the provincial sphere. I find that ironic coming from that party, which talks so much about the importance of preserving the rights of provinces. This is already being regulated. Therefore, Bill C-377 imposes large financial and administrative burdens on labour organizations and labour trusts that were not ultimately required for others.

While the administrative burden and reporting requirements are significant, it would also have a chilling effect on the collective bargaining process and, potentially, give an unfair advantage to employers at the bargaining table because of the requirements of financial disclosure. For example, because of the nature of those disclosures, information about the strike funds of unions would potentially be available to employers. That same reciprocity does not exist for the unions; knowing the capacity of the employer to deal with a strike situation. As a result, the employer would have the advantage of knowing how long a union member might be able to be sustained in a strike position. It was not ultimately a function of an even application of so-called transparency in Bill C-377.

This brings me to Bill C-525. This was, of course, a private member's bill that was introduced by the current member for Red Deer—Lacombe. The bill basically attempts to make changes to the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act, which ultimately affects how unions are certified and decertified.

In a nutshell, that legislation was an attempt to make it more difficult for unions to ultimately get certification. It was not just problematic for unions, but also imposed some serious burdens on others as well. For example, there were real potential implications for a number of agencies, including the Canada Industrial Relations Board and the Public Service Labour Relations and Employment Board. These boards would have had to bear the additional administrative cost and logistical responsibilities in holding representation votes.

Under these changes, rather than under the CIRB's previous requirement to hold a vote to certify a union in roughly 20% of cases where less than a majority of workers have signed union cards, ultimately this would have meant a fivefold increase in work. Therefore, these bills are not a contribution to labour relations in Canada.

At the end of the day, these two pieces of legislation have done more harm to the nature of labour relations in Canada and they need to be repealed. I welcome the debate on this subject.

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February 16th, 2016 / 11 a.m.


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Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

Madam Speaker, I think it is important that we recognize what is happening with Bill C-4.

The Liberal government, despite its claims to want more openness, transparency, clarity, and accountability, is stripping union members of what they wanted. Roughly 85% of union members want financial disclosure; up to 90% want to be able to have a secret ballot.

Why on earth would the Liberal government take away that freedom, that accountability, they claim they want?

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February 16th, 2016 / 10:55 a.m.


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Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Madam Speaker, I listened with interest to the presentation by the hon. member for Haldimand—Norfolk. In her speech there was a lot of talk about transparency and accountability in explaining why the opposition is against the passage of Bill C-4.

My question really is this. If, at the end of the day, this was such an important initiative when that member was in government, why did the Conservatives not, ultimately, have that initiative move forward as a government bill rather than allowing it to proceed by way of private members' legislation? As a government bill, it would have been subject to greater consultation with labour groups and workers, and all of the kinds of things that they were talking about rather than the government's bringing it forward under the cover of two private members' pieces of legislation.

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February 16th, 2016 / 10:45 a.m.


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Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

Madam Speaker, I have a question for the Liberal government. Since it was elected in October last year, the new Prime Minister has promised more accountability, more transparency, and more openness, yet even though he put this in the mandate letters for his ministers and in fact he said, “We have also committed to set a higher bar for openness and transparency in government”, why is it that this, one of the Liberals' first pieces of legislation, in fact, would gut transparency and accountability that was created by legislation that we, as the Conservative government, brought in?

Repealing Bill C-377 and Bill C-525 sends a very clear message: The Liberals care more about thanking union bosses who helped them get elected than they care about the hard-working union members. These union members are the ones whose dues were spent without consultation. Union leaders need to be held accountable, and they need to tell their members and the public how their tax-advantaged income is spent.

Our Conservative government was a strong supporter of accountability. Our Conservative government introduced the Federal Accountability Act and other legislation designed to increase transparency in government agencies and crown corporations. Bill C-377 was simply about transparency requirements that fall upon entities that enjoy public trust and will allow Canada to catch up with other advanced economies when it comes to financial disclosure.

It is important to note that the union funding model itself delivers over $4.5 billion annually to labour organizations in Canada. If individuals work in a unionized workplace, they are required by law to pay dues. If they refuse, they are fired. This financial power alone should be reason enough to require enhanced transparency, and I will say a little more about that shortly.

The workers are forced to make these contributions, including those in my riding of Haldimand—Norfolk. They deserve to know how their money is being spent, as do members of the general public who subsidize this revenue through the tax system.

It should come as no surprise that a Nanos poll found that 86% of unionized Canadians support greater transparency for labour organizations, and a 2013 Leger survey said that 83% of all working Canadians want our union leaders to follow the example set by other nations' union leaders who joined with government to achieve public disclosure. Many of Canada's labour unions publicly supported Bill C-377. This is what Marc Roumy, a member of the Canadian Union of Public Employees had to say:

...many of my colleagues and [I] believe our union would be stronger if we had a truly open and easy access to our union's financial statements. If we have nothing to hide...

—then they should be able to get detailed financial statements, which they have fought for, for years.

If we are looking for support for these measures, look no further than the former head of the AFL-CIO, which is the largest labour organization in the United States. George Meany, who testified at the U.S. Senate union disclosure hearings said:

All of these [transparency] bills are based on...the goldfish bowl theory, the concept that reporting and public disclosure of union finances...will either eliminate or tend to discourage the abuses.... The AFL-CIO firmly believes this theory to be sound.

Even a former Liberal cabinet minister, Jean Lapierre, voiced his support for Bill C-377, stating:

Frankly, I agree with that bill because I think now every organization has to be transparent. The unions, a lot of times, have acted like they were private clubs. And so I think everybody should go to more transparency and I think that the initiative is welcomed by the membership and also by the public at large because why would you hide your financial statements if you get all those tax credits and what have you? So no, I think it's long overdue.

Canadian labour organizations receive over $400 million every year in tax benefits. The union dues are tax-deductible and all revenues are tax-exempt. These tax-exempt funds, drawn from mandatory dues, are funnelled into a wide range of causes, many of which have nothing to do with the collective bargaining process.

Canadians have a right to know how their tax dollars are being used to influence public policy, since, unlike charities, no constraints are put on the political activities of labour organizations. Sadly, unions are able to force employees to pay for the funding of political parties and lobbying activities they do not even support. For example, the president of the Communications, Energy and Paperworkers Union of Canada stated after the vote to merge his union with the CAW, “Can you imagine what it will mean to the CEP, the CAW when we’re the first unionized party that governs a country?”

I think Canadians deserve to know how the so-called super-unions plan to use the hundreds of millions of dollars at their disposal to achieve that end.

Labour organizations, quite frankly, enjoy a more privileged position in our society and economy than any other entity, yet they have no public reporting requirements, unlike charities; publicly traded companies; federal, provincial, and municipal governments; government agencies; boards; crown corporations; first nation bands; foundations; political parties; and MP, senator, and MLA offices.

Bill C-4 also sets out to repeal Bill C-525, which was passed by our Conservative government. Bill C-525 required the holding of a secret ballot for the creation and abolition of trade unions. According to four surveys by Labour Watch, support for secret ballots ranged from 86% to 92% among currently unionized Canadians.

The proposed abolishment of a secret ballot is an attack on the democratic process. All members of Parliament are elected by secret ballot, so why take this away from unionized workers? How can the Prime Minister say this is undemocratic when he and his entire caucus were elected by secret ballot?

The sad reality for many union members is that professional union organizers exert unacceptable pressure on employees, give false information, and will even resort to fraudulently signing cards on behalf of employees in order to get signed cards. Only secret ballot votes can counter such tactics. How can the Liberal government argue that this is what the majority of union workers want?

John Farrell, executive director of the Federally Regulated Employers, Transportation and Communications, told the Senate that “A secret ballot vote is the essence of a true democratic choice and is entirely consistent with Canadian democratic principles.”

What is the problem? What is the issue? The Liberals want to be legitimized, so why are they taking this away? Without any credible rationale, or really any legitimate discussion with union members, the Liberal government is gutting two significant pieces of legislation that were a victory for union members.

Perhaps the motive for Bill C-4 is quite simple. This is an opportunity to repay the union leadership that helped get the Minister of Employment, Workforce Development and Labour, an NDP MLA in Manitoba, elected.

Bill C-4 goes against the principles of transparency and accountability. It goes against the fundamental principle of democracy: the secret ballot. It goes against the wishes of hard-working union members themselves. This is why I will be joining my Conservative colleagues in voting against Bill C-4.

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February 16th, 2016 / 10:45 a.m.


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Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Madam Speaker, Bill C-4 would repeal Bill C-377 and Bill C-525. It would turn around and ultimately strengthen the relationship with our labour unions across our great country.

As for the words “transparency and accountability”, we have heard for 10 or 12 years all about transparency and accountability and how the government was going to be so transparent and accountable. At the end of the day, it was a major disappointment because the government of the day, the Conservative government, was the complete opposite of transparent and accountable. As a Canadian, I found it a huge disappointment. There was a lot of talk, but what did it deliver? It was the exact opposite.

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February 16th, 2016 / 10:40 a.m.


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Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Madam Speaker, one of the questions and comments that we continually hear from the official opposition across the aisle is that there is no broad support by the membership for unions. I can assure the House that I have not received one phone call, one email, or any correspondence against Bill C-4.

I would like to ask if my hon. colleague could comment on that. Has she received any correspondence from her constituents against Bill C-4?

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February 16th, 2016 / 10:35 a.m.


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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I listened with interest to my colleague's comments. Her comments that struck me the most strange were her repeated references to the back door, referring to members of Parliament using private members' legislation to advance a cause that is important.

I have had the privilege and honour of having two pieces of private members' legislation passed in the House in the last 10 years, and at no time did I or any of the people supporting my initiatives consider the method I used as back door. It is demeaning to every member in the House to consider private members' legislation a back door. This is the basis of our democracy in Canada, and it is a real disservice to have repeated references to this as a back door by the member and the previous member.

Let me get more to the point of Bill C-4 and what it would do in terms of repealing some of the initiatives that our government undertook. In terms of accountability, we know, just recently during the election, that there were a number of times when the Liberal government actually had unions pay their members to come to announcements. I do not believe that most of the union members were aware of that. The bills we put forward to enact more transparency would have addressed that.

Why does the member think it is not important for union members to know how their dollars are being spent?

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February 16th, 2016 / 10:25 a.m.


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Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Madam Speaker, I am pleased on this snowy Tuesday morning to have an opportunity to voice my concerns about some of the legislation passed by the previous government. It is a part of the things that we are going to have to fix.

Bill C-4 is sound legislation that has been written in collaboration. I emphasize that word because it is important when we are producing legislation that it be done in collaboration with the people who are going to be affected. That was not done in the previous government. It was done through a private member's bill, not through the government introducing a piece of legislation the proper way. It was done through the back door, and I am sure we will see that attempted again. However, this time the Conservatives are on that side and we are the government.

Labour stakeholders are important people for us to be talking to when we are putting legislation together, and we have the intention of reversing several destructive policies from the previous Conservative regime. Specifically, Bill C-4 will repeal Bill C-377, Conservative legislation that promised to upset existing labour relations and did just that. It ignored the fact that union financial disclosure, which they continually talk about, is already addressed in the Canada Labour Code and many provincial labour statutes. It failed to recognize that Bill C-377 is discriminatory against unions and ignores other types of organizations. It is one of those pick and choose options, which was very typical of the previous government. Why were professional associations not part of that? They also received favourable treatment under taxation law, but no one said anything about the professional associations and promised to invade the privacy of labour organizations and their members.

Obviously, the underlying intention of Bill C-377 and Bill C-525, the other legislation being repealed by Bill C-4, was to attack organized labour. I am pleased to say, thank goodness that assault is over, which brings me to the second point.

Bill C-4 marks the end of the federal government's intentional confrontation with labour. Most who follow these matters will readily admit that Bill C-377 and Bill C-525, both brought in by the previous Conservative government, were part of a hostile attitude toward labour and labour supporters. Bill C-4 will help to set that relationship back on a positive path, something that would improve working conditions, advance productivity, help create jobs, and continue to build this great country of ours.

Of course, creating jobs, promoting innovation, and improving productivity were key planks in our Liberal platform. Moreover, our government recognizes the important role that unions play in protecting the rights of Canadian workers and in helping the middle class grow and prosper. I am pleased to add my support to this approach.

We on this side of the House are committed to fair and balanced federal labour policy, and one of those steps is what we are doing today by repealing Bill C-377 and Bill C-525. Bill C-377 had nothing to do with efficiency. There was a lot of talk about that, but it had nothing to do with efficiency. It actually created new and unnecessary red tape for unions. This happened because the government imposed new demands on workers, even though the Canada Labour Code and many provincial labour statutes already ensure financial accountability from unions. This costly by-product of a vindictive and anti-labour government put unions at a disadvantage during collective bargaining, hindering productivity at the front end of the process.

Then, just to make things worse, Bill C-525 made it more difficult for employees to unionize and easier for a bargaining agent to be decertified. This negativity, which is a continued rant on unions, took a toll on labour and the environment in which they have to function. Bill C-4 is part of our government's plan to ensure that Canada's labour laws best serve employees, and, very importantly, employers, which by extension also serves Canadians. Put another way, when labour is successful, our economy can prosper in ways that ensure prosperity is felt by each and every Canadian, not just a select few at the top of the corporate ladder.

It is also worth noting that Bill C-4 does more than stop the federal government's attack on labour; it also responds to very serious concerns expressed by experts all across Canada. For example, the Alberta union of public employees launched a constitutional challenge against Bill C-377. While the court proceedings have been temporarily suspended, given this government's stated intervention to repeal the bill, the underlying concerns remain valid. Privacy concerns were also raised by the Canadian Bar Association and the Office of the Privacy Commissioner of Canada. The CBA suggested that the bill may be subject to legal challenges on those very grounds.

Despite all of this, the previous government plunged forward with its ideologically driven legislative agenda, which showed indifference to the Canadians who were suffering and the difficulties it was creating in our economy and our country. This is just a small snapshot of the trouble prompted by the passage of Bill C-377.

Alberta, Ontario, Quebec, Manitoba, New Brunswick, Nova Scotia, and Prince Edward Island are all on the record as opposing Bill C-377. Those seven provinces, bastions of manufacturing, resource extraction, hospitality and tourism, and countless other sectors that are vital to GDP maintenance and growth, all called on the previous federal government to stop the assault against labour.

Let us stop to think about the fact that seven of our ten provinces were actively opposing this and the Conservative government did not care. It did not matter to the Conservatives. They had their own ideology, and that is what they were working with. These seven premiers specifically raised concerns that Bill C-377 encroached upon their jurisdiction over labour issues. They also criticized the bill for potentially destabilizing their labour relations environment, particularly with respect to collective bargaining processes. These premiers know that kicking labour does nothing to advance job creation or industrial growth or relationships.

Three of the provinces, Ontario, New Brunswick and Nova Scotia, also criticized Bill C-377 for eroding the privacy rights of union members and expressed concerns that it would create an unnecessary burden on labour organizations. These premiers understand the added dangers of more red tape.

However, Bill C-377 was not the only problem with the labour agenda of the Conservatives. Sadly, for a government that pretended to have a strong fiscal management style, much was lacking in its approach. It could be argued that multiple recessions, waning consumer confidence, and shaky job numbers all bore witness to clear Conservative fiscal failures.

Bill C-525 was equally problematic for many stakeholders. A number of labour organizations, such as the CLC, Unifor, the Air Line Pilots Association, the Canadian Union of Public Employees, and the Public Service Alliance of Canada, all expressed opposition to Bill C-525, arguing that the card check certification model is quicker, more efficient, and more likely to be free of employer interference.

However, good governance was not the goal of Bill C-377 or Bill C-525, which is why Liberals in the Senate and the House opposed the legislation. Of course, debate is healthy and something we want to see happen, especially when it comes to any measure that impacts such a large section of society. Unfortunately, the process used to pass Bill C-525 did not allow debate to surface. That is because the previous Conservative government introduced their agenda in Bill C-525 via a private member's bill rather than government legislation. If the government is serious about doing something, it introduces its own legislation; it does not do it through a back door via a private member's bill. This may seem like a nuance, but the tactic is not without compromise and consequences. Government legislation is introduced after public consultation and outreach. A private member's bill comes with no such effort, and it shows in the diminished quality of the statute.

Bill C-377 and Bill C-525 are faulty and they are hurting the economy. Bill C-4 would repeal them, because we need to make sure that labour has the tools it needs as well for success.

All labour organizations in Canada, including even the smallest locals and national unions, labour councils, federations of labour and other umbrella organizations, as well as intermediate organizations, were left out of the process by the previous government. The Parliamentary Budget Officer has said that more than 18,000 labour entities would be affected by the implementation of Bill C-377 and Bill C-525, yet the government of the day locked them all out of the process. That is wrong. Bill C-4 would make things right again.

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February 16th, 2016 / 10:20 a.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, the first questioner and the person providing the answer were wrong when they made the statement that the first order of business was Bill C-4.

Let us be very clear. The Government of Canada and the Prime Minister's first order of business in this House was to give tax breaks to Canadians. That was the first order of business.

This bill that we are talking about today is rectifying a wrong. The government, through the back door of private members' legislation, passed two labour bills which offended not only the labour movement but also many businesses throughout the country, from coast to coast to coast.

Focusing strictly on the legislation, would the member not agree that the previous Conservative government was wrong in using the back door of private members' hour instead of trying to build a consensus between labour and the different stakeholders in changing legislation? It intentionally used the back door of private members' hour to have confrontation in an area where there should be more harmony. That was the former government's record.

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February 16th, 2016 / 10:20 a.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, it is interesting that my colleague talks about the public trust and yet, when it comes time to vote for Bill C-4, I am sure he is going to vote for it and he will be voting against secret ballots for unions. How does he not see that is not in the public trust? He is saying that union members should not have the ability to have a secret ballot, and I just cannot believe that. We heard that a lot in the NDP and Liberal speeches, that somehow a secret ballot is undemocratic and adds additional bureaucracy and red tape to this process.

I would like to ask the member in what field he feels a secret ballot is undemocratic. That is really disconcerting. This seems to be the path that the other parties in the House seem to want to go down.

The House resumed from February 5 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.

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February 5th, 2016 / 2:25 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I question whether that question has anything to do with Bill C-4. I think the Liberals are trying to avoid the fact that the vast majority of union members support the type of legislation we have in place.

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February 5th, 2016 / 2:05 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, it is an honour to rise in the House today to debate on Bill C-4.

A lot of the things that have been discussed and debated today are of great concern to me, and I think many Canadians. We talked about things like a secret ballot being unnecessary red tape and going against the foundation of our democracy. I find it unbelievable that many of our Liberal and NDP colleagues have made such comments today. It is the secret ballot, the way we elect almost every political official in our country, federal, provincial, and municipal, and they find it to be unnecessary red tape.

I would like to ask them how they think they came into this House today. Would they prefer that there not be a secret ballot, or no ballot whatsoever? I question their frame of mind when they are talking about a secret ballot being undemocratic.

It is also quite ironic that the first piece of legislation from the new government, a government that campaigned quite passionately about openness, transparency and accountability, is a bill that will absolutely gut transparency and accountability in legislation that we put forward for unions. I find that to be incredibly ironic, and I would say another broken promise by the new Liberal government.

Equally as frustrating for me as a member of Parliament from Alberta is that I have to question the motives of the government and why they would be bringing this piece of legislation forward right now. I am getting calls every day, from welders, waitresses, pipefitters, rig hands. They ask me when the government will come up with some kind of strategy that will help them get back to work. When will the government announce some sort of plan that will help their families as they try to make ends meet? They could potentially lose their jobs, or they have already lost their jobs. Where is the priority of the government when thousands of Albertans have been laid off?

The labour study was released today, and 22,000 full-time jobs were lost in Alberta in January alone. Alberta's unemployment rate went to 7.4%, which is the first time since 1988 that it has been higher than the Canadian average. We have heard predictions that Alberta's unemployment rate will exceed 8% by the end of 2016, the highest it has been since the Liberal Party put through the national energy program.

With thousands of workers, not only from Alberta, but Saskatchewan, New Brunswick, Newfoundland, losing their jobs due to the downturn in the energy sector, the priority of the government is to reward the union bosses who helped get it elected instead of talking to Canadian families who have lost their jobs. I have to tell these families that in my discussions and debates in the House of Commons that Alberta is obviously not a priority. Canada's economy is certainly not a priority. The families who have lost their jobs are not a priority. However, what is a priority is rewarding those big union bosses who helped get the Liberals elected. I find that to be extremely frustrating.

The Liberal plan to repeal this legislation, a piece of legislation that was intended to ensure transparency and accountability for union leaders, I find very irresponsible. Despite what the minister would have us believe, repealing this piece of legislation and bringing forward Bill C-4 is an attack on Canadian workers.

The Minister of Employment said she believes that repealing Bill C-377 and Bill C-525 will restore balance to unions. The only balance that Bill C-4 will bring is tipping the balance away from union workers back to the union leadership.

I would like to point out that the overwhelming majority of union members are in favour of this type of legislation, the type of legislation that we put forward in Bill C-377 and Bill C-525. In a Leger poll, 86% of union members supported this kind of legislation. In a similar poll, 84% of all Canadians supported this type of legislation that brings accountability and transparency to unions. They want to be able to vote via a secret ballot on union leadership or union business, and they want to know how their union dues are being spent. I do not think that is too much to ask.

Canadians support transparency and accountability. Union members support transparency and accountability, and yet the Liberal government does not. This is a disturbing trend. It seems to be a sort of theme for the new Liberal government.

One of the first things the Minister of Indigenous Affairs did when she got her cabinet post was announce that she will ignore the First Nations Financial Transparency Act, where residents in first nations communities have the opportunity to see the finances of their leadership made public.

The first piece of legislation by the new employment minister is a bill that would gut transparency and accountability by unions. Do members see a recurring theme here? I do.

I heard today from a Liberal member, in her speech, that a secret ballot is in some way additional red tape that goes against the very foundation of our democracy. I just cannot believe that asking union members to vote in a secret ballot somehow puts them out, that we are asking them to do too much. Those members really need to rethink the stance they are taking. Without any credible rationale, or really any legitimate discussion with union members, the Liberal government is gutting two significant pieces of legislation that were a victory for union members.

The motive for Bill C-4 is really quite simple. This is an opportunity to repay union leadership that helped get the Minister of Employment, Workforce Development and Labour, an NDP MLA in Manitoba, elected.

Last week, we heard that the Liberal Party was found guilty of accepting illegal union donations during a campaign event. The Prime Minister's own campaign team specifically asked the union to have members be props at a campaign event. His campaign team knew that they would be paid $100 each.

That was not the only campaign event he had. He had another campaign event with the Carpenters' District Council in Vaughan and another with the International Union of Operating Engineers in Oakville. This has been a cozy relationship with the unions, and I would be curious to know if there were illegal donations made at those two campaign events as well.

Since the election, the Prime Minister has met with the Teamsters three times, the engineers' union three times, and even the American Federation of Labour, the largest union in the United States. He has made meeting with the unions a top priority. He has met with close to a dozen of them. Yet during that time, we have lost thousands of jobs in the energy sector, with more to come. How many times has he met with people in the oil and gas sector? How many times has he met with stakeholders in the oil and gas industry? He has met with them once, and it was yesterday in Calgary. It shows us where the priorities of the Liberal government seem to lie right now.

The Liberal Party campaigned on accountability and transparency. It is obvious that it has no intentions of keeping that campaign promise. Canadians deserve better.

At the federal level, the previous Conservative government introduced extensive reforms to ensure that Canadians have trust in their political institutions. The first piece of legislation we brought in as a Conservative government was the Federal Accountability Act, something that we are very proud of on this side of the House. It brought accountability and transparency to Canadians. It did not gut it.

The Federal Accountability Act reformed the financing of political parties. It reduced opportunities to influence politicians with contributions by banning contributions from unions and corporations, and it levelled the playing field among individual contributors.

We also introduced Bill C-377 and Bill C-525, which made unions more transparent and accountable to both unions and Canadians. The specific intent of these bills was to preserve the democratic rights of Canadian workers and increase public confidence that unions spend their money wisely and effectively. With the passage of this legislation, the public was empowered to gauge the effectiveness, financial integrity, and health of their labour unions.

Some opponents today described Bill C-377 as anti-union. They said that union money should not be scrutinized by Canadians, let alone by their own union members. This is simply not true. These unions are subsidized by the Canadian taxpayer, and they are subsidized by a very significant amount. The federal government offers generous tax benefits to workers' organizations and a tax exemption on profits earned on investments, income from employers, and the profits generated by training centres. Despite receiving these substantial tax benefits, these organizations in the past were not required to disclose publicly how they used these tax advantages.

To put this in the same context, for the federal government, including me, and I am sure all of my colleagues in this room, every dime we spend is open to the public. It is on my website. People can check it out right now. Provinces, municipalities, and charities are asked to make these types of financial records public. The only ones who are not are unions.

It is frustrating that unions that should be accountable to their members and that receive generous tax breaks with taxpayer dollars do not feel that they should have the same obligation to disclose their finances to the public.

In most cases the money is deducted from the payroll whether the employee wishes to be part of that union or not. The money is then subject to tax exemptions that keep $500 million out of the Canadian treasury each year.

I think, and it is obvious from the polls we have done, that most Canadians believe these dollars and what is being done with them should be made public. Bill C-377 is about that disclosure, and it was a positive step forward for unions and Canadian workers. It ensured that union members and Canadians could have access to the knowledge on how union money was being spent, how their membership dues were being spent, as well as the investment in taxes and dollars that resulted from these dues.

Bill C-377 simply imposed transparency and accountability on unions, nothing more. It required labour organizations to file public information a return with the Canadian Revenue Agency on an annual basis. We heard that today. They said that they were doing that in seven provinces. All of a sudden they are saying that now that we are asking them to do it across the country, it is some sort of unbearable burden. If they are already doing it in many cases, it is not that hard to make a second copy and give it to the CRA.

The disclosure requirements would include financial statements, including the amount paid for political and lobbying activities, and the salaries paid to executives and staff. Nothing more.

In addition, the bill requires the CRA to display this information on a website for the public to see. Far from targeting unions, Bill C-377 does nothing more than impose the same obligations that registered charities across Canada now face. I am a Rotarian and I have been one for many years. We do our financial audits. We do our year-end audits and ensure it is available for the public to see. We certainly do not consider that to be some incredible burden.

If charities across Canada can somehow manage to do this, unions that receive a half a billion dollars a year through taxpayer subsidies can manage to do this as well. Their members want them to do these things.

If the Minister of Employment believes that transparency and accountability is so devastating to Canadian unions, why do so many other countries have similar legislation, and their unions have thrived? The United States, the United Kingdom, Australia, Germany, even France, socialist France, asked their unions to have similar legislation and to put their financial documents forward to the public. Even some Canadian labour organizations already do this. If their head office is in the United States, they have to make their financials public as well.

Some people have said that this creates an unfair burden on unions. This type of legislation has been in the United States for decades and has not impacted their collective bargaining in any way. The fact is that this bill does not regulate the activities of trade unions, how they participate in collective bargaining or in any way how they spend their funds.

The bill does not violate their Canadian Charter of Rights and Freedoms. It has stood up to constitutional challenge. For example, former Supreme Court of Canada Justice Michel Bastarache released his opinion on Bill C-377, and said that it was constitutional and would be upheld in the court he sat on. This shows, a former Supreme Court justice has said that these pieces of legislation that we put forward are not unconstitutional.

The bills simply provide greater transparency and accountability, ironically, two things the Liberal government campaigned on but do not seem too eager to follow up on.

As I touched on earlier, a survey conducted by the Leger firm in 2013 showed that of the 1,400 Canadians it polled, 83% said they wanted to see this type of legislation to be adopted by unions, and 84% of current union members also agreed. A Nanos poll done in 2011 showed similar results. Therefore, this has not changed. For some reason, the Liberal Party wants us to think that between 2013 and 2016 there has been an incredible earthquake of change in position of union members.

When the Minister of Employment brought forward C-4, did she actually consult with union members before she brought this forward? If 84% of union members in 2013 supported the type of legislation that we put forward with Bill C-377 and Bill C-525, what has changed in three years? What has changed in three years that now the Liberal government believes the union membership has been crying for it to repeal this type of legislation.

I am certain there has been an outcry, but my bet is it is from the union leadership, not the union members who the Liberals failed to consult before bringing this forward.

Earlier this week I asked the Minister of Employment if she had actually consulted with union members before bringing this type of legislation forward. Her answer was a no answer. She could not answer. I think the fact is that the Liberals did not. What she said was that she had spoken to 22,000 residents in her constituency during the election campaign.

I would like to ask her this. Did she say to them that her bill would be in favour of less democracy? Did she ask them if they were okay with the government's stomping on the very foundation of our democracy and getting rid of secret ballots? Does she think her Manitoba riding spoke for the rest of Canada? I would be interested in seeing what her answer is on something like that.

It is in the public interest that the financial information of workers' organizations be disclosed because of the tax breaks they receive. It is a benefit of the union workers because they exercise their democratic right through a secret ballot. It is also the benefit of a government to consult with Canadians, as we did when we drafted this type of legislation. For example, Dan Kelly, president and CEO of the Canadian Federation of Independent Business, said he supported Bill C-377. He said that almost all unionized workplaces are forced to pay union dues. Therefore, unions should be required to publicly disclose how they use those funds. He also stated that public financial disclosure for unions would enhance transparency and accountability with regard to trade union activities. He was not the only one. We had lawyers, union members, and professors all come and speak to the committee and Senate committee in support of this legislation.

Canadian labour laws are in place to protect the rights of workers, to ensure that they have a fair and productive workplace and can work in an environment where they feel they can speak with their conscience. This is about balance and it creates a fair environment in which workers are the ones making the choice so they feel it is better suited to their needs. It is a Liberal government that is attempting to repeal legislation that created accountability, transparency, and fairness for workers. The Liberals plan to go back to a system that was broken and balanced unfairly. This is not what Canadians want.

The Liberal Minister of Employment said that the government was repealing Bill C-377 and Bill C-525 in favour of creating a balanced network. This is exactly what our previous legislation did. The main principle of that legislation was that all federally regulated workers should have the democratic right to a free and fair secret ballot, especially when they are voting to certify or decertify their union. The legislation recognized the right to peaceful association is one that extends to all workers in Canada, should they wish to have a union represent them or not. The choice is theirs to make, and it should be theirs to make by way of a secret ballot. The choice should not belong to their union leadership. The system was open to abuse, where co-workers could be coerced or intimidated into voting for a union. It is not unreasonable, nor should it be unreasonable, to ask to have a secret ballot. It is consistent with every democratic system we have in this country. It is a basic right afforded to all voters, and should be reasonably extended to workers who are voicing their opinion on whether they want to be in a union. The only way to achieve this is through a secret ballot.

It seems that the Liberals' goal and mandate here is to change every voting system that we have across this country. It is absolutely clear that the Liberal government has no respect for Canadians' right to vote. They want to get rid of the secret ballot here in the House. They want unions to go back to the card check system. They also do not believe that Canadians have the right to vote in a referendum when we are talking about possibly changing the very system of how we select our government. Piece by piece, the current Liberal government is intent on dismantling our democracy.

During the spring of last year, I had an opportunity to meet with representatives of a union at a gas plant in southern Alberta. It had about 80 members. I wanted to ask them how they felt about the legislation we had put forward. They were honest. They said they were being pressured by their union leadership in eastern Canada to vote against the Conservatives because of Bill C-377 and Bill C-525. I asked them whom they supported and how they were going to vote. They said they were voting Conservative and supported the bills and information contained therein, that they wanted to see the financial records of their union leadership and to have the freedom of conscience to be able to vote in a secret ballot.

Right now, as we put forward Bill C-4, I want the Minister of Employment to come forward and be honest with Canadians. The reason she is putting forward Bill C-4 is that it is a way to repay the union leadership who helped get her elected. It is not a bill that is in the best interests of Canadians.

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February 5th, 2016 / 2:05 p.m.


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Liberal

Dan Vandal Liberal Saint Boniface—Saint Vital, MB

Madam Speaker, first of all, I want to thank the hon. member for Winnipeg North for a very passionate, balanced speech. It is clear to me that Bill C-377 and Bill C-525 were clear attacks on the labour movement. I am proud to stand with the hon. member to support Bill C-4, but I come back to the point that has been made many times this morning and the last time we debated this bill, that the previous bills were a solution to a problem that did not exist.

Could the member speak to the origins of Bill C-377 and Bill C-525?

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February 5th, 2016 / 2 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, as I indicated, I think the New Democratic Party has made a wise decision in supporting Bill C-4, and I also believe that the Bloc is supporting it. I have not heard from the Green Party, but I suspect there is a very good likelihood that it too will be supporting it. The only party that has not seen fit to support this legislation is the Conservative Party. Nonetheless, I appreciate the support we are receiving.

Having said that, the member raises the issue of anti-scab legislation. I would like to think that provinces of all political stripes have had the opportunity to introduce such legislation. Every province has advisory boards on labour set up where there is both management and labour present. If it is meant to be, hopefully it will be. Nonetheless, we need to have a proactive minister responsible for labour who keeps all options open and is open to listening to what the provinces and the many different stakeholders have to say.

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February 5th, 2016 / 1:50 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is always a pleasure to rise and address important issues facing the chamber.

I look at the bill before us as a bill that would right a wrong. The previous government made a mistake when it brought in a private member's bill through the back door, legislation that was to make a political statement which was to the detriment of the union movement in Canada. However, it goes far beyond just the union movement, as it affects every aspect of our economy, which is something I will take a bit of time to highlight.

In my former years as a member of the Manitoba Legislative Assembly, I had the opportunity to be engaged in a number of different debates regarding unions and labour legislation. In fact, in 1988, we had our most controversial days inside the Manitoba legislation, and it was surrounding labour legislation.

Some might recall the use of the tool called the “final offer selection”. It was brought in by a New Democratic government. When the New Democratic government fell, it was replaced with a Conservative government, and one of the first things on its agenda was to get rid of the final offer selection tool.

I recall very vividly how much resistance there was to that. When we went into committee, there was well over 100 people, from all different sectors of society, who wanted to contribute. We met for hours and hours, sometimes until three or four o'clock in the morning on several evenings. That was my baptism to the whole issue of labour relations. Through that, I got a better appreciation of the importance of getting it right, which is something the previous government failed to do.

If the Conservatives recognized the importance of labour relations, they would never have attempted to introduce, through the back door of the House of Commons, through a private member's bill, labour legislation that was inappropriate. The government had a choice back then, and it chose confrontation with organized labour in Canada.

I truly believe that the Conservatives do not understand or appreciate the valuable work that unions not only do today but have done in the past, and the important role they will have into the future. This is something that we in the Liberal Party have always respected. We understand and value the contributions that unions make and will make.

When we take a look at Bill C-4, members should be aware that it is here because of two private members' bills, as has been talked about extensively here today. We heard government members say how wonderful those private members' bills were. We heard New Democrats say that they were bad bills. We also heard government members point out why those two pieces of legislation should never have seen the light of day.

To give a different perspective, if the previous Conservative government truly wanted to change labour legislation of that nature, it should have brought the bills in the form of government legislation, much like we see here, with the new Prime Minister and minister responsible for the labour act. That is what should have happened, but it did not happen that way.

Members asked what the result was of the bills being put forward in that sort of format. There is an obligation on ministers to consult and work with the many different stakeholder groups out there. However, the opportunity to be consulted, and for the minister at that time to conduct consultations and work with the different stakeholders, which I would suggest is their responsibility, was never done. It was never done because it was introduced through private members' legislation and there were limits.

Members will have more debate on the legislation before us than we did on one of those bills that went through second reading, third reading, and ultimately passage. It is because there are severe limitations when proposed legislation is brought in through a private member's bill. The process in terms of going to committee is also changed.

Even if somehow, in some sort of twisted way, the government wanted to bring it in through government legislation, I suspect there is a very good chance that it would not have passed. There is no doubt in my mind, they never would have reached consensus.

The former government should have taken this seriously. However, it did not. It was more concerned about scoring political points than improving harmony or consensus within Canada's labour movement, industry as a whole, and our economy. The Conservatives were more interested in being able to tell whoever their stakeholders and vested interest groups were that they were hitting hard on the unions. They were doing it in an unfair fashion, and they had no qualms about doing that.

I sat on the opposition bench as those votes proceeded. It was quite disappointing. We in the Liberal Party understand how important it is that we have, promote, and encourage labour harmony. That is what governments should be doing, not trying to cause divisive mechanisms or change the system to make it more lopsided. That is not what the government should be doing. We should be trying to encourage that harmony and consensus. That is something we would see with Bill C-4.

The only group of people who will oppose this piece of legislation will be led by the Conservative Party in most part. However, let us recognize that the real reason we have the legislation before us today is because it was a commitment.

My colleague from the Atlantic region, our critic at the time, enunciated just why the private member's bill that was being proposed was fundamentally flawed. He was right. It was and is fundamentally flawed. That is why it needs to be changed. That is why the leader of the third party back then, today's Prime Minister, made a commitment to rectify the wrong. That is what Bill C-4 would do.

I hear a lot about labour legislation coming from the New Democratic Party, and I would caution members. In one of the committees, the Ontario minister of labour made a presentation. She indicated that the private members' bills, if passed, would have the federal government overstepping its constitutional boundaries and stepping into an area of provincial jurisdiction. I am grateful my New Democratic friends are supporting the bill. I applaud them. However, they need to keep in mind that there is some legislation that might be better seen at the provincial level. We have to respect that jurisdictional issue, or at the very least, have that discussion with our provincial counterparts.

For example, the anti-scab legislation was talked about a lot in Manitoba during the late 70s and early 80s. It was not passed through the Manitoba legislature. Instead, the government of Howard Pawley made the decision to bring in the final offer selection, which I made reference to earlier. My understanding is that the only government that has ever brought in anti-scab legislation in a true form, from what I recall, was a Liberal administration in Quebec. It might have changed in recent years. I do not know. We see many different labour laws brought up at the provincial level.

What we have today is part of an election commitment, but when there are labour changes, we need to work with the stakeholders. That is what I would like to recommend when people look at this, especially the Conservatives. They should consider the way that labour and industry as a whole, the economy, was affected by introducing bills through the back door, which absolutely no one, outside of someone who belonged to the Conservative Party and happened to be a member of the House of Commons, was actually calling for. Bill C-4 is a bill that every member in the House should be supporting.

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February 5th, 2016 / 1:50 p.m.


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Liberal

Michael Levitt Liberal York Centre, ON

Madam Speaker, during the year and a half that I met and engaged with my constituents in York Centre, on many occasions I had the opportunity to discuss with members of organized labour and employers the issue that the hon. member speaks about, the trust and working relationship that is essential in our economy to ensure the labour relations process moves forward and is built on a foundation of trust. That is what these two bills that we seek to negate do.

As our government has said, we will stand all the way through to repeal them using Bill C-4.

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February 5th, 2016 / 1:45 p.m.


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Liberal

Michael Levitt Liberal York Centre, ON

Madam Speaker, the process used by the previous government to bring in Bill C-525 was undemocratic. The Conservatives did not go out into the community, a community like York Centre, to consult with organizations and employers to determine what the implications of such an act would be. The bill was rammed through in a process not supported by either side, management or labour. It unbalanced the delicate scales in the labour relations process. That is why the government is committed to standing up for the rights of workers and ensuring that Bill C-4 repeals those two bills.

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February 5th, 2016 / 1:45 p.m.


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Liberal

Michael Levitt Liberal York Centre, ON

Madam Speaker, the bill on the table today, Bill C-4, deals in particular with Bill C-377 and Bill C-525 and speaks to a fair and balanced relationship between both sides, which is crucial when it comes to collective bargaining. That is the issue on the floor of the House today, that is the commitment that our government has made, and that is the commitment that we will be upholding when we vote on this bill next week.

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February 5th, 2016 / 1:35 p.m.


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Liberal

Michael Levitt Liberal York Centre, ON

Madam Speaker, I would like to inform you I will be splitting my time with the hon. member for Winnipeg North.

Madam Speaker, I am here today to ask for the support of the House for Bill C-4, which would repeal the legislative amendments enacted by Bills C-377 and C-525 of the previous Parliament.

I am proud to call York Centre home to a large number of businesses and manufacturers. I have met people and heard stories from businesses that started in their garages and have grown into international brands. These range from storefronts to factories, many of which are local success stories that now have national, and even international, reach.

Not so coincidentally, York Centre is also home to a large number of unions and unionized workers. These are employees across a broad spectrum, from construction and the skilled trades, to factory workers, administrative employees, teachers, and public servants. It is no coincidence that my riding is home to so many thriving businesses and labour organizations. Both go together and have to work together for our economy to thrive.

As we have stated before, our government believes that fair and balanced labour relations are absolutely essential for the prosperity of Canadian workers and our country's economic growth. Both employers and unions play critical roles in ensuring that workers receive decent wages and are treated fairly, in safe and healthy work environments.

It is our labour laws that help ensure there is a balance between the rights of unions and the rights of employers. However, in the previous Parliament, a number of pieces of legislation were passed that changed our labour relations system. Bills C-377 and C-525, private members' bills supported by the previous government, upset the delicate balance between unions and employers.

Under Bill C-377, labour organizations and labour trusts are required to provide the Canada Revenue Agency with details of their assets, liabilities, income and expenditures, as well as salaries paid to their officers, directors, and other specified employees. They are also required to provide information on the time spent by officers on political lobbying and non-labour relations activities. This information is then to be made publicly available on the CRA's website.

This creates unnecessary red tape for unions. Under the Canada Labour Code, unions in federally regulated workplaces, as well as employers' organizations, are already required to provide their financial statements to their own members, free and on demand. It is worth noting that eight provinces have similar financial disclosure requirements.

Why should unions be subject to these onerous and redundant reporting requirements, requirements that do not apply to other organizations that also benefit from similar status under the Income Tax Act, such as professional organizations?

Then there is the issue of this information being publicly available. Publishing this information on the CRA's website means that employers will have access to key union information, including how much they have set aside in a strike fund. It is not difficult to see how this puts the unions at a serious disadvantage during the collective bargaining process.

Essentially, Bill C-377 imbalances the system. This brings me to Bill C-525, which also tilts the scales in favour of employers.

Prior to Bill C-525, federally regulated private sector workers who wanted to organize could do so in a relatively simple and straightforward manner. If a majority of employees signed a union card, they could go to the Canada Industrial Relations Board, show it the signed union cards, and the CIRB could certify them as the bargaining agent for those workers. If less than a majority of employees signed union cards, but at least 35% did, a certification vote could be held. The card check system worked well for many years, so why was it replaced by a system that many stakeholders, such as the Canadian Union of Public Employees, feel is less efficient and more vulnerable to employer interference?

Under Bill C-525, unions are required to show at least 40% membership support before holding a secret ballot vote, making it more difficult to get the right to vote. In addition, even when the majority of workers have clearly demonstrated their support by signing union membership cards, a secret ballot vote must be held before they can be certified as a bargaining agent.

The card check system, which is based on obtaining majority support, is no less democratic than a mandatory vote system. It has also proven to be an efficient and effective way to gauge employee wishes. According to the National Union of Public and General Employees, this two-stage process essentially forces those in favour of a union to vote twice. By slowing the process, the employer has the opportunity to intimidate, harass, and unethically induce employees to vote no. Not all employers would attempt to prevent unions from organizing. However, there are examples of those who have.

The bottom line is that Bill C-377 and Bill C-525 put unions at a disadvantage and make it more difficult for Canadian workers to unionize in the first place.

Why would we want to make life more difficult for unions and the workers they represent? We recognize the important role that unions play in protecting the rights of Canadians. As Canadian Labour Congress president Hassan Yussuff stated, Bill C-377 and Bill C-525 were “nothing more than an attempt to undermine unions’ ability to do important work like protecting jobs, promoting health and safety in the workplace, and advocating on behalf of all Canadian workers”.

The federal labour relations system used to be respected and supported by both labour and employers as a result of genuine and proven consultative and consensual processes that had been followed for decades with respect to amending the Labour Code. As I mentioned earlier, the prosperity of Canadian workers and the Canadian economy relies on those same fair and balanced labour relations. Repealing the legislative amendments made by Bill C-377 and Bill C-525 will help restore that balance.

I sincerely hope that all of my colleagues in the House will support Bill C-4 so we can achieve this.

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February 5th, 2016 / 1:30 p.m.


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Liberal

Dan Vandal Liberal Saint Boniface—Saint Vital, MB

Madam Speaker, I congratulate the hon. member on her speech. I, like her, am proud to rise and support Bill C-4. In my estimation, the previous bills, Bill C-525 and Bill C-377, were clearly attacks on the labour movement. I have heard a lot of speeches here this morning and this afternoon, and it is clear that the opposition members are coming from a place of extremism. Whether attacking, as in this case, the labour movement or, in other instances the indigenous organizations, non-profits, or charities, it is clearly a place that does not appreciate the balance of government.

I wonder if the hon. member could offer her comments on my impressions.

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February 5th, 2016 / 1:20 p.m.


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NDP

Tracey Ramsey NDP Essex, ON

Madam Speaker, I rise today in support of Bill C-4, an act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act, and the Income Tax Act. This bill represents an important effort to reverse the anti-union and anti-worker legislation that was ushered through Parliament by the previous Conservative government.

The NDP worked tirelessly to oppose Bill C-377 and Bill C-525 at every step of the way, so it should come as no surprise that our party is in full support of repealing these bills.

While I welcome the changes tabled by the government as a good first step, there is so much more to do for workers' rights and conditions. New Democrats are calling on the government to reinstate a federal minimum wage, to adopt anti-scab legislation, and to implement proactive pay equity legislation, as per the NDP motion passed in this place just a few days ago. The NDP is also calling on the government to restore good-faith bargaining with our public service workers by repealing Division 20 of Bill C-59, related to sick days.

After a decade of Conservative darkness, I am encouraged to see the Liberal government taking the first steps to restore some of the rights of working people that were under attack under the previous government.

As the member of Parliament for Essex, I am determined to be a strong voice for working people both in my home riding and across Canada. The struggle of working people in Canada for unionization and their gains have benefited all Canadians. The fight of unions for a fair workplace for all workers in our country began with the fight in 1872 to have a shorter workday, but it has included changes to maternity and parental leave, the right to a safe workplace, and more.

My riding has proud union members working in auto manufacturing, health care, long-term care, education, municipalities, trades, retail, and the public sector. The benefits of being a unionized worker include a legally binding contract that guarantees working conditions, job security, paid holidays, wages, benefits, health and safety, and more.

On average, unionized workers earn $5 more per hour than non-unionized workers. For women, the difference is $6.65 an hour. Higher wages negotiated by unions inject an additional $786 million into the Canadian economy each week.

Unions also provide great support for communities. In my riding of Essex, unionized workers give generously and selflessly to the United Way and other non-profit organizations, which has made a vast difference in the lives of people in all of our communities, not just in the lives of union members. Gaps that exist due to government cuts and program reductions are picked up by caring union members who continue to dig deep into their pockets, even when they are suffering in their own industries.

I spent much of the last year knocking on doors and talking with people from every community in my riding of Essex. Their stories and struggles were the struggles of all hard-working Canadians: high unemployment through no fault of their own, and in our region, one of the highest unemployment rates in Canada, with many still ineligible for EI.

Workers are struggling to make ends meet. Our communities are filled with the working poor, who are left no choice but to work in minimum-wage jobs and part-time or casual jobs, often piecing together two or three different jobs just to make ends meet. Sadly, this is a growing reality across Canada. Statistics tell us that 60% of all new Canadian jobs are considered precarious, part-time, temporary, contract-based, freelance, and self-employed positions. These workers are taxi drivers, contract teachers, office cleaners, and clerks. They often have no workplace pension, no job benefits, and no job security.

As parliamentarians, it is our responsibility to work together and advocate for solutions that will improve the lives of all Canadians. Instead, in the previous Parliament, the Conservatives pushed through legislation, Bill C-377 and Bill C-525, designed to weaken unions and make it more difficult for Canadians in federally regulated workplaces to join a union.

These two bills moved through Parliament as private member's bills, although it was crystal clear that these were government-led initiatives. Even now, the Conservatives are threatening to use their power in the Senate to block legislation that would restore labour rights. Canadians are fed up with the unelected, unaccountable, under-investigation Senate. There is no place in our democracy for these senators to upend the work done by Canadians' representatives here in this place.

Bill C-377 was an unnecessary, discriminatory law designed to impose onerous and absurdly detailed reporting requirements on unions. Guised as a move to improve transparency, those who actually know how union locals operate also know that Bill C-377 had absolutely nothing to do with transparency. As a union member, I know the direction of the union members' funds and how they are determined, in fact, by the membership. Transparency between union members and their elected governing executives is never an issue. Members are always able to access the financial disclosure of their allocation of dues. Not a penny is spent that is not reported to the membership.

Reporting requirements in Bill C-377 would bog down unions in so much red tape that it would severely interfere with their ability to serve their membership. According to the Privacy Commissioner of Canada, this bill went against the Canadian Charter of Rights and Freedoms by violating Canadians' right to the freedom of association and privacy rights of those who work for a union.

Bill C-377 would also cost millions of dollars to implement. The parliamentary budget officer estimated it would cost more than $2.4 million allocated by the Canada Revenue Agency. In fact, it was estimated that it would cost the CRA approximately $21 million to establish the electronic database over the first two years, and approximately $2.1 million in each subsequent year. Repealing the contents of Bill C-377 would save millions of dollars for both the government and the unions, and, as I previously mentioned, would continue the critical support that unionized workers provide for their communities where government gaps exist.

Bill C-4, the government bill before us today, also seeks to repeal Bill C-525, another bill introduced by a Conservative backbencher and ushered through by a Conservative government intent on attacking the labour movement. Bill C-525 fundamentally changed the process for certifying or decertifying a union under federal jurisdiction, essentially making it harder to certify a union and easier to decertify. It should come as no surprise that workers would want to unionize. As I outlined earlier, unionized jobs tend to have higher wages, better benefits, and better working conditions than non-unionized jobs. Bill C-525 would impact all federally regulated workers seeking to certify or decertify as a union. Workers under this jurisdiction include the energy sector, airline sector, telecommunications, rail, and postal workers.

For these federally regulated workers, to certify as a unionized workforce it was previously the case that a union was automatically certified if more than 50% of employees sign a card indicating they wish to be a member of a union. It is called the “card check system”. If between 35% and 50% of employees sign a card, a vote is triggered to ask employees if they wish to be unionized. Bill C-525 changed all this by outlawing the card check model and replacing it with a two-step process. First, the card-signing process where the percentage of signed cards required to trigger a vote increased from 35% to 40%. The second step included a government supervised vote. These changes were fundamentally unfair and put workers wanting to unionize at a serious disadvantage.

Bills C-377 and C-525 were not in the best interests of workers. Instead, they were designed to further attack and erode the labour movement in Canada. New Democrats will always stand for the interests of working Canadians. I am proud of how our party provided strong and effective leadership in opposing these bills in the House, at committee, and in the media. Today's legislation to repeal Bills C-377 and C-525 is a step in the right direction. I am also proud of our successful NDP motion this week calling for immediate action on pay equity. Let us also move forward on restoring and enhancing collective bargaining rights as well as fairer working conditions for all Canadians.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 1:15 p.m.


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NDP

Karine Trudel NDP Jonquière, QC

Madam Speaker, I thank my colleague for his remarks. That is a very good question.

People always have a tendency to exaggerate when it comes to unions. We are therefore wondering whether the Conservatives were exaggerating when they spoke about union fat cats who cheat and who do not support all areas of policy. There is reason to wonder.

As I was saying in my speech, members already have access to a complaint process. If they feel wronged, they can lodge a complaint through an independent committee, which will consider the matter.

That is why we are in favour of Bill C-4. We support all workers.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 1:05 p.m.


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NDP

Karine Trudel NDP Jonquière, QC

Madam Speaker, I will be sharing my time with the hon. member for Essex.

I am pleased to rise in the House to debate 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. First of all, I would like to indicate that I will be supporting this bill. The NDP strongly opposed the previous Conservative government's attempt to limit the rights of unions and change the rules governing labour relations.

This bill reflects one of the promises made by the NDP during the election campaign. Although I support this bill, I must mention how much work still needs to be done with regard to workers' rights and their working conditions.

The bill restores and respects workers' rights. Like thousands of other people in my riding of Jonquière, I am very proud to have been a part of the labour movement. I was the president of my local chapter for eight years, and I managed it well.

Since we started debating Bill C-4, I cannot help but feel a twinge of sadness about many of the comments I have heard here in the House. For eight years, I was directly accountable to my members at meetings and even at my workplace. I had to deal with some very sensitive issues with my members and defend both long-time and new employees.

At union meetings we had a duty to present our financial statements to members. The same goes for all locals, in all unions. The members themselves must decide whether they agree with the spending their union is doing within their own organization. We must be transparent and accountable to our members. That is enshrined in all of our laws, and all unions must comply.

Over those eight years, I did so and we even implemented an audit system, which also exists in all unions. Our union has an officer to look over all the books and statements. I must say that when there is an anomaly, for example, if an invoice is missing or if an expenditure was left out or made by mistake, we are set straight and we are always accountable to this movement and our members.

Unions and their members do not need a government telling them what to do because they already have their regulations. They already have their own rules, rules that the members voted on either in meetings or in committees that are themselves elected by the members. Transparency is already part of the process, and leaders are accountable to union members every step of the way.

If a worker finds fault with the union's internal processes or the representatives, there is a great organization to handle that: the Canada Industrial Relations Board, the CIRB. The board is there for those people. It is impartial, and it exists to protect workers who feel their rights have been violated. There is even a complaints process. We do not need laws like the ones the Conservatives brought in to dictate how unions should be organized.

The union movement is very happy about Bill C-4, which would repeal the previous government's unfair bills C-377 and C-525. The New Democrats opposed those bills at every stage in the process because they were useless and irresponsible legislative measures that made a mockery of the very ideas of equality and fairness in negotiations between the parties and that undermined people's basic right to free collective bargaining.

It was a partisan assault on the men and women who go to work every day to provide for their families. Those same people voted to elect representatives to the House of Commons to defend their interests.

I was very disappointed that the member for Louis-Saint-Laurent reiterated his support for his party's bills, when he was not even a member for the party at that time.

Blaming the unions for his party's defeat is a little like blaming the groundhog for a longer winter. Ultimately, the workers spoke, and the Conservatives did not have their support, essentially because the Conservatives trampled all over workers' rights.

I would like to provide some direction for my colleague from Louis-Saint-Laurent, since he seems to have lost his way somewhere between Quebec City and Ottawa.

The World Bank found that a high rate of unionization led to greater income equality, lower unemployment and inflation, higher productivity, and a quicker response to economic downturns. I think our economy could use a good boost right about now.

The Conservatives put all their eggs in one basket and we are seeing the consequences of that today. Unfortunately, people often forget what the union movement has done for workers: minimum wage, paid overtime, occupational safety standards, parental and maternity leave, paid vacation, and protection from discrimination and sexual harassment.

Just yesterday, we voted for a motion on pay equity moved by the NDP. I thank all the parties who supported the motion. I am still scratching my head about the fact that the Conservatives refused to support our motion, and especially that their leader refused to support our motion, considering that until recently she was the minister of status of women.

Bill C-4 is an excellent first step. However, there is still a lot of work to be done to fix past mistakes, such as the attack on sick leave introduced in the omnibus Bill C-59.

We also have to take a look at what we can improve, beyond the repairs that need to be made because of the Conservatives' bad decisions. It is high time that we modernized some of the outdated provisions of the Canada Labour Code.

It has been almost 60 years since the Canada Labour Code was overhauled. I join with my colleague from Saskatoon West in highlighting the importance of following up on the recommendations of the report released after the 2006 review of the Canada Labour Code.

That follow-up is already overdue. A good number of those recommendations and the vital updates would benefit many workers. For example, take the issues of workplace safety and preventive withdrawal for pregnant women. In Quebec, under the CSST regulations, once women are 26 weeks pregnant they are entitled to preventive withdrawal for their protection and that of their foetus. There is no such provision in the Canada Labour Code. Thus, we still have far to go. We must do more to improve working conditions for our women, our future mothers, and for all workers. Every worker deserves to be protected.

Some workers have a very hard time putting food on the table every day. Therefore, we urge the government to restore the federal minimum wage, to pass anti-scab legislation and to fight for greater pay equity.

I am pleased to have had this time and the opportunity to debate this bill, because the rights of workers across Canada have been violated by the Conservatives' actions.

Unions have many procedures, bylaws and rules. Consequently, this whole movement is already well established.

I see that my time is up, but I could talk a long time about this subject.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 12:50 p.m.


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Liberal

Matt DeCourcey Liberal Fredericton, NB

Madam Speaker, the government is repealing two laws that have changed the way unions operate.

Bill C-377 has created unnecessary red tape and has put organized labour at a disadvantage in the collective bargaining process.

Bill C-525 makes it more difficult for employees to unionize and easier for a bargaining agent to be decertified.

The measures the government is taking in Bill C-4, are part of a plan designed to ensure that Canada's labour laws best serve employees and employers.

This new bill is part of the government's plan to strengthen the middle class in our great country and to fully recognize the important role that unions play in protecting the rights of Canadian workers.

This government started with a tax break for hard-working Canadians. In the riding I represent, that is a tax break for hard-working nurses, teachers, soldiers, and many other public servants.

We will follow that tax break with the new Canada child benefit, a monthly tax-free, income-tested benefit that would lift hundreds of thousands of children out of poverty, a benefit that will help nine out of ten Canadian families.

We will also support our veterans by restoring the option of the lifelong pension and by caring for their physical and mental health, and that of their families. It is the sacred obligation of the government to unconditionally support those who have unconditionally served for our safety and freedom.

The government will rebuild its relationship with indigenous Canadians on a nation-to-nation basis, a relationship based upon mutual respect, recognition of rights, and understanding of traditional knowledge.

This bill is also about respect and fairness, national economic prosperity, and supporting the middle class, which is made up of those dedicated workers who contribute to the growth of our communities and our economy.

It is clear that the previous government did not believe in fairness or the importance of unions and the role they play. Its actions were motivated by a desire to undermine the union movement.

Bill C-377 and Bill C-525 were counterproductive to a positive working relationship between employees and employers. Furthermore, it was not a widespread request of the business community. It was unnecessary and caused difficulties for unions.

The two anti-labour bills, which this bill seeks to reverse and reset, were direct attacks on unions by the previous Conservative government. They undermined the right for workers in federally regulated sectors to form a union, and imposed unnecessary and onerous reporting burdens on all unions.

The current government is taking a different route, which consists in listening to the union groups, communities, and legal experts who sounded the alarm about these bills that likely violate charter rights. A number of constitutional experts felt that Bill C-377 was likely unconstitutional.

Privacy experts said that the bill would compromise the private information of millions of Canadians. The bill also discriminates against unions. It does not take into account other types of organizations, such as professional associations. What is more, seven provinces are against the bill because they feel it encroaches on their jurisdiction.

As my friend, the Parliamentary Secretary to the Minister of Employment, Workforce Development and Labour has so eloquently stated, Bill C-525 was simply a solution looking for a problem.

Simply put, in over 10 years and after thousands of rulings by the Industrial Relations Board, there were merely two judgments against unions for questionable practices during union organizing.

That is why the government has taken significant steps to rebuild labour relations after a decade of acrimony between unions and the Conservatives. It is why the government has introduced legislation to repeal these two anti-labour bills.

I have the honour every day of representing the riding of Fredericton, which is home to many dedicated workers who have been unfavourably and unfairly affected by Bills C-377 and C-525, which are mean-spirited.

Educated, professional, proud public servants, many of whom are taking care of our aging population, live in the riding.

We are home to university scientists and researchers, themselves fostering creative approaches and solutions to the existential challenges we face as a society, as well as making new discoveries to the way we view the world and how we provide economic opportunity, social well-being, and environmental sustainability to our community.

We are also home to almost 1,000 civilian employees at Base Gagetown, employees who, amidst all the coming and going of our men and women in uniform, keep the lights on, the roads safe, and the buildings operational at Canada's largest military training base.

The economic and fiscal contribution of these professional public servants is enormous. Base Gagetown alone contributes upward of $600 million annually to the New Brunswick economy.

The base, the largest federal government asset and largest contributor to our socio-economic vibrancy in the riding, would simply not remain operational without the diligence and hard work of civilian employees, the support of their families, and, in fact, the support of the entire town of Oromocto, Canada's model town, which sprung up just over a half century ago to provide service and a home for the base.

Bill C-377 and Bill C-525 were not mere attacks on the civilian workforce at Base Gagetown. They were seen as an attack on the community of Oromocto. As I knocked on doors last winter, spring, summer, and fall, clear across the Oromocto community, I heard time and time again how the community felt largely betrayed by the former government and how it felt it was time for a positive change.

On October 19, the people of Oromocto spoke clearly and they spoke for that real change.

As the Minister of Employment, Workforce Development and Labour has said many times, we promised to repeal these bills because they are detrimental to labour relations. In Oromocto, labour relations have had a negative impact on the morale of the community.

Unions have a major role to play in protecting workers' rights and growing the middle class. The former government trampled on many basic labour rights that were hard won by the unions. That made it more difficult for workers to enjoy freedom of association, bargain collectively in good faith and work in a safe environment.

The government plans on restoring fair and balanced labour legislation that recognizes the important role unions play in Canada and respects their major contribution to the growth and prosperity of the middle class.

This begins with repealing Bill C-377 and Bill C-525, legislation that diminishes and weakens Canada's labour movement. This side of the floor knows that the bill may face a stiff test in the Senate. It is, however, sad to hear members opposite say that they will direct the Senate to kill the bill and continue to disadvantage the organized labour movement in Canada.

I believe the Senate exists to study and recommend improvements and enhancements to legislation. I hope the upper chamber will serve to do just that and will work collaboratively with all parliamentarians in the House.

Canadians elected a government that would ensure evidence-based decision-making. On balance, there was very little evidence to support the passing of these two bills. Canadians elected a government that work hard to reinstitute fairness in decision-making. Over and above balance, there was nothing fair in these bills.

This government promised to stand up for Canadians, and this is exactly what we have set out to do, and Bill C-4 would do that.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 12:50 p.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, I thank my colleague for his speech.

In response to the question I just heard, clearly, we do not need to talk specifically about an attack on unions. However, the inference is there. Obviously, it has been implied, not only in this debate but also in the debate that took place in the previous Parliament on Bill C-377 and Bill C-525.

When you look at the contents of the debates here in the House and the discussions that took place in the relevant committees, it is clear that the legislation was not meant to unshackle the workers, but rather to attack unions' ability to properly represent them.

The provisions in the bills, which later became law, not only undermined unions' ability to do their jobs properly, but also created a very specific and massive bureaucracy to manage minor situations, which is very surprising from a government that always claimed to prefer less bureaucracy.

How will repealing those bills, which is what Bill C-4 proposes, affect the bureaucracy that was proposed by the Conservative government of the day?

Canada Labour CodeGovernment Orders

February 5th, 2016 / 12:35 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Immigration

Madam Speaker, I will be splitting my time with the member for Fredericton.

I am proud to stand today to speak in support of Bill C-4. The war on organized labour is over. This legislation would reverse the legacy of the previous government, which rushed through two anti-union measures, Bill C-377 and Bill C-525, just prior to the last election. Those measures put in place redundant reporting requirements and made it harder to certify and easier to decertify a union. With Bill C-4, our government would repeal both of these punitive pieces of legislation.

The reasons we are doing this are threefold. The old combination of legislation under Bills C-377 and C-525 was unnecessary, impeded collective bargaining, and was ideologically driven.

Argument number one is that the old legislation is unnecessary. No one asked for Bills C-377 and C-525. Employees did not ask for them, unions did not ask for them, and even employers were not clamouring for this legislation. These bills constituted a solution to a problem that did not even exist. The only champions of Bills C-377 and C-525 were the members of the previous government. The ostensible reason they asserted was that they were trying to promote increased financial transparency and accountability for unions and to inject democratic principles into their processes. This rationale was defective then, and it remains defective now. First, to the idea that unions are not transparent and that members do not get to see the financial statements or expenditures, this information was and has always been made available to union members. Unions are member-based organizations that release information to their members, information that is confidential.

My colleagues across the way keep harping on about how unions are undemocratic organizations. Once again, that is incorrect.

Unions meet regularly, and all members are welcome to participate. At meetings, members are empowered to hold their leaders accountable. Discussions and debate take place during the meetings, differences of opinion are aired, and solutions are put forward. Taken together, those aspects are features of a democratic system.

Unions also hold membership votes. Decisions are made by the members themselves. The members are the ones who make decisions and issue instructions. Leaders are elected by union members and can be removed from their positions. That is another key principle of a democratic system.

I say this with some experience. I am the product of an organized workplace. For the past 12 years, before being elected, I served as a civil servant with the Ontario public service, practising law as a crown attorney. I have first-hand knowledge of the transparency and accountability parameters by which unions abide.

Yet another argument offered by the previous government in support of the old package of legislation was that it represented a modest increase in the financial disclosure obligations for unions. Again, this is incorrect. The reporting requirement in old Bill C-377 calls for at least 24 detailed statements to be submitted by unions of any size, from the smallest groups to the largest national bodies. The collection and managing of these submissions would cost the government millions of dollars, $11 million to start the oversight mechanism and $2 million every year thereafter. Those are not my figures. They come from the Canada Revenue Agency and the parliamentary budget officer. Just so we are clear, under Bills C-377 and C-525, the previous Conservative government increased the size and scope of government and government regulation, adding to the amount of red tape and, more important, adding to the amount that Canadian taxpayers would be required to shell out for such additional bureaucracy. The irony is palpable.

Argument number two is that the old legislation impeded collective bargaining. As I said at the outset, Bill C-525 made it harder to certify and easier to decertify a union. With the new Bill C-4, we would repeal those provisions. Our government recognizes that certification of a union is an important part of the collective bargaining process.

As I mentioned, I spent 12 years as a crown attorney specializing in the area of constitutional law. Section 2(d) of the Charter of Rights and Freedoms protects freedom of association. That has been interpreted by the Supreme Court to include “the right to a meaningful process of collective bargaining”. Why is collective bargaining so important as to warrant constitutional protection? The Supreme Court has explained that, in paragraph 58 of a decision called MPAO.

The Supreme Court said:

The guarantee functions to protect individuals against more powerful entities. By banding together in the pursuit of common goals, individuals are able to prevent more powerful entities from thwarting their legitimate goals and desires. In this way, the guarantee of freedom of association empowers vulnerable groups and helps them work to right imbalances in society. It protects marginalized groups and makes possible a more equal society.

Collective bargaining is important because it helps to promote fairness and equality. We get that and we are not going to waste more taxpayer dollars litigating these types of cases in the courts. On that point, I would simply note that the charter challenge launched by the Alberta Union of Public Employees against the old Bill C-377 was suspended immediately upon our government's announcement that we would be repealing the government's punitive legislation.

However, it is not just me who understands the utility of collective bargaining as a vehicle for addressing inequality, it is also my constituents in Parkdale—High Park. It is people like Mr. Hassan Yussuff, the President of the Canadian Labour Congress, who is my neighbour in Roncesvalles Village and a tireless advocate for workers' rights. It is people like Wyatt Bilger, a hard-working carpenter and resident of my riding and a member of Carpenters Union Local 27. It is people like the countless artists, filmmakers, performers, and television producers in my riding who contribute so much culturally to our community, who are also proud members of ACTRA, the Alliance of Canadian Cinema, Television and Radio Artists. It is people like the hard-working tradespeople and manufacturing employees in Parkdale—High Park who are members of LiUNA, Unifor, and the CAW.

All of these individuals and groups appreciate what this newly elected government recognizes, that workplaces that include collective bargaining are a net positive, not a net negative for our communities.

Argument number three is that the old legislation was ideologically driven. There was no rationale whatsoever that informed the passage of Bill C-377 and Bill C-525 other than rigid, anti-union sentiment. To illustrate this point, let us look no further than the rushed passage of the bills through Parliament. Bill C-377 was one of the four bills to get to the Senate just before the writ was issued for the last election. It was expedited to the Senate and was made into law. But one of the four bills that received support from all parties in this chamber was left to die on the Senate order paper in place of passing Bill C-377.

What I am talking about is Bill C-279 that had been introduced as private members' legislation by my NDP colleague, the member for Esquimalt—Saanich—Sooke. Bill C-279 was going to amend the Canada Human Rights Act to include gender identity as a prohibited ground of discrimination. All parties supported and passed that private member's bill in the House in the 41st Parliament. However, instead of championing that bill in the Senate, the previous Conservative government decided to promote the passage of Bill C-377. Conservatives chose to attack organized labour rather than back Bill C-279, which would have protected the rights and freedoms of gender and gender variant Canadians who deserve the same treatment and rights as every other Canadian.

Not only did the Conservatives attack unions, they told trans and gender variant Canadians that their rights were not a priority. Thankfully that was yet another mistake of the Conservatives that our government has pledged to rectify. The commitment to amend the Canada Human Rights Act to add gender identity as a prohibited ground for discrimination is in the mandate letter for the Attorney General of Canada.

We have seen this ideological pattern before in terms of the old war on the environment, the war on the civil service, and the war on evidence-based policy. We have taken stands to reverse all of those previous battles. Now with Bill C-4, our government brings to an end the war on organized labour.

The role of this government, of any government, is to create jobs, but it is not just about creating any jobs, it is about creating good quality, secure, well-paying jobs. We recognize that unions help to do this. They ensure fair compensation for workers, promote safety for individuals, and protect workers' job security and their well-being.

A secure worker is a more productive worker and productive workers are good for the economy. We understand this. The previous government did not. As I said, the war on organized labour is over. Unions are not the enemy of progress, they are a partner in that progress. Our government is committed to working with them, not against them, to further the economic development of this country.

For these reasons, I urge members in the House to vote in favour of Bill C-4.

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.

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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.

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.

Decorum in the HousePoints of OrderOral Questions

February 5th, 2016 / noon


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Immigration

Mr. Speaker, my point of order arises from the debate on Bill C-4 that occurred prior to question period.

The member for Hamilton West—Ancaster—Dundas delivered her speech. The first question posed to her was by the member for Dauphin—Swan River—Neepawa.

Immediately after posing the question, the member for Dauphin—Swan River—Neepawa proceeded to leave the chamber and to heckle the member for Hamilton West—Ancaster—Dundas as he left the chamber from his seat as well as in the corridor.

I am a new member. I understand that the member for Dauphin—Swan River—Neepawa is not. I would appreciate some clarification as to whether this kind of behaviour is appropriate, and if not, I would ask the chair to politely intervene.

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 every day. 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 / 10:25 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.

The House resumed from February 3 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.

Business of the HouseOral Questions

February 4th, 2016 / 3:05 p.m.


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Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalLeader of the Government in the House of Commons

Mr. Speaker, I thank my friend for his very important question.

This afternoon, we will continue debate on the Conservative Party's opposition motion. Tomorrow, the House will debate Bill C-4, which repeals provisions having to do with unions.

On Tuesday, February 16, after our constituency work week, as my colleague says, we will resume debate on this very important bill.

On Wednesday, we will commence second reading debate on the bill currently standing on the order paper in the name of the President of the Treasury Board.

Lastly, I would like to designate Thursday, February 18, as the fourth opposition day of this supply period.

I want to wish you, Mr. Speaker, and colleagues a very productive and hard-working week in your constituencies and look forward to seeing everybody back on February 16.

Erin O'Toole Conservative Durham, ON

Mr. Chair, with respect to my friend's suggestion, a subcommittee on agenda is essentially meant to be in place for forward-looking business, as the committee is seized with things and as members of Parliament are torn in various different directions with demands. We have the whole committee here, as opposed to a subcommittee. Agendas are fairly light. We're on Bill C-4 in terms of the legislative calendar, so why would we defer to a smaller group of this group to set the first agenda topic?

I'm suggesting we choose the first agenda topic, so that we can get witness names in by next week. I'm not saying you have to pull them out of your briefcase today. I'm saying next week, so that we can have some substantive hearings within a few weeks. I think Canadians expect that.

Some committees, in my experience, did not really use the subcommittee if the committee talked committee business on a regular basis. We have everyone here. This is our suggestion. In fact, we've put two items up for the group to have consensus on. I think we'd all agree that both subjects are issues that Canadians would like a committee to look into in some detail. Rather than defer this to a smaller group of this group, why don't we take a moment, come up with how many hearing days we think the topic would need, and then submit witnesses by next Wednesday?

I think it's a reasonable request, Mr. Chair.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 6:35 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Mr. Speaker, I want to ask my colleague a question regarding consultation on Bill C-4.

The member talked about how none of the consultation happened before with Bill C-377 and Bill C-525. However, we did extensive consultation. We had many union members and union leaders come in at committee and Senate stage to talk about this.

Does the member not understand that some of the polling we did with Leger and Nanos showed that more than 84% of union members were in support of the legislation we put forward.

Did the Liberals do any consultation with actual union members, or was it just with union leadership?

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 6:25 p.m.


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Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Mr. Speaker, I am extremely pleased to stand today in support of Bill C-4. Bill C-4 removes many of the barriers and administrative burdens on labour groups that the Conservative government put in place.

I would like to begin by saying that unions have played an important role in Canada for a very long time. It is that partnership that has contributed to the success of this country and our economy. It is important to mention that it has also improved the fundamental rights of individuals in the workplace. That is essential and should be noted.

The contributions of unions have been very large, but I would like to share a few points with the House tonight.

Unions have played a major role in establishing an eight-hour workday, a five-day work week, parental benefits, which are essential as well, and health and safety standards. There are many areas where the unions have contributed to the success of those changes.

Labour unions have greatly contributed to the balance between the rights of workers and the ability of employers to run efficient operations and businesses.

In my past life, I spent 11 years as the superintendent of the French school board. During that time, I had many opportunities to work closely with unions, unions that were our partners and our workers. I can assure members that it was a successful experience with successful negotiations. The employees were able to benefit from many of the things we negotiated, but the school board was also able to gain from the negotiations. It was a partnership that was extremely important.

Unfortunately, Bill C-377 has tipped the scales in favour of management by forcing the public disclosure of information, which in most cases, is not required for private corporations.

It is important to mention that Bill C-4 is in no way intended to cut transparency.

Bill C-377 is redundant legislation.

If we look at the province of Nova Scotia, the Trade Union Act has provisions that allow all union members to access copies of any financial statement free of charge. The result of this transparency measure is that no complaints have been filed in Nova Scotia over the last five years on this type of issue.

I must also mention that the province of Nova Scotia has noticed the federal government's interference in this area, which is traditionally a provincial jurisdiction. At the May 7, 2015 meeting of the Senate committee on Legal and Constitutional Affairs, the Nova Scotia Minister of Labour and Advanced Education, Hon. Kelly Regan, stated:

governments all across Canada are doing what they can to eliminate regulatory duplication and red tape....It's hard to understand why the federal government would enter into this area of provincial jurisdiction.

I agree fully with the minister.

It is even more surprising to hear the opposition say that most people were in favour. B.C., Manitoba, Ontario, Quebec, New Brunswick, P.E.I., and of course, Nova Scotia all opposed Bill C-377 and Bill C-525.

I would now like to talk a little bit about Bill C-525. This Liberal government is proud to be able to undo the damage done by the Conservative government's Bill C-525. That bill is forcing workers who want to create a new union to obtain the signatures of 40% of its members and have a secret ballot on the issue. Obviously, the Conservative government's strategy was to add layers to the process for creating a new union.

Our government firmly believes that we should not discourage people from participating in a union. That is why we want to restore the former system under which workers only needed the signatures of 50% plus one.

As with so many of its initiatives, our government is working hard to collaborate with all regions of the country, with all sectors of the economy, to bring real change for all Canadians.

Our government has chosen to put its trust in this country's labour organizations and the workers they represent. We must ensure that they are not treated unfairly at the negotiating table. This represents a change of tone and attitude compared to that of the previous government. It is a tone where we treat not only unions and their workers with respect but also our indigenous communities, veterans, families, and democratic institutions.

I am proud to provide my full support to this bill and I congratulate the Minister of Employment, Workforce Development and Labour for her leadership in bringing this legislation to the House.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 6:15 p.m.


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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I will be splitting my time with the great member for Sackville—Preston—Chezzetcook.

I am very pleased to participate in the debate on Bill C-4, the proposed repeal of two labour bills passed by the previous government. This is an important piece of legislation, and I encourage my fellow members to support its passage in the House.

Some do not agree with our moving to repeal these bills, which is fair enough. However, suggesting the government has a hidden agenda goes too far. During the election campaign, the Prime Minister publicly made a commitment to repeal both these pieces of legislation. Canadians went to the polls and they expect us to keep our commitments. It was also clearly spelled out and made public in her mandate after the minister was sworn in as Minister of Employment, Workforce Development and Labour. This commitment was restated by the Prime Minister when he spoke to the Canadian Labour Congress in November. Far from being part of some hidden agenda, the government's intention to repeal these bills was made very clear, stated often, and its reasons for doing so were repeated frequently.

Let us start with the most important reason. Repealing these bills would help restore a fair and balanced approach to labour relations in Canada. While both of these bills pose a number of problems, today I am going to focus on the legislative amendments made by Bill C-525. Bill C-525 changed the union certification and decertification processes under three federal labour relations statutes: the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act.

Prior to these amendments enacted through Bill C-525, federally regulated unions could use what was called a “card check system” for certification. If a union demonstrated that a majority of workers had signed union cards, the union could be certified as the bargaining agent for these workers, although it was only required if less than a majority signed but enough to indicate a strong interest, 35% under the Canada Labour Code, for example.

Bill C-525 changed that to require that unions show at least 40% membership support before holding a secret ballot, and to require a vote even where more than 50% of voters had signed union member cards. It also made it easier for unions to be decertified by lowering the threshold to trigger a decertification vote to 40%, compared to majority support, which was previously required. Essentially, Bill C-525 made it more difficult for Canadian workers to unionize. This is not good for our economy and it is not good for Canadians. Unions help to address inequality by helping to ensure fair wages. They help protect worker safety and prevent discrimination in the workplace. They also help employers because a fair workplace is a more productive workplace, and more productive workplaces help to grow our economy and help strengthen our middle class.

What was presented in Bill C-525 was essentially a solution in search of a problem. There were no great rallies on Parliament Hill or even in the boardrooms demanding that we change a union certification system that had worked successfully for many years. The card check system, whereby a union is certified by demonstrating majority support through signed union cards, has been used successfully for many years in the federal jurisdiction and in several provinces. A number of unions, like Unifor and the Airline Pilots Association, argued that it is fast and efficient and much more likely to be free of employer interference than the mandatory secret ballot system brought in under Bill C-525. The card check system is not undemocratic. It required a majority support through signed cards. The Canada Industrial Relations Board has strong measures in place to ensure the process of signed cards is fair.

It should also be noted that representatives from both sides of the bargaining table were highly critical of how the previous government brought in these changes. Both bills were brought in as private members' bills, and without consultation with employers, unions, or other levels of government.

Many argue that it set a very dangerous precedent for future labour reform. They are right. We believe that fair and balanced labour policies developed through real and meaningful consultation with unions, employers, stakeholders, the provinces and territories, and the Canadian public are essential for harmonious labour relations.

Bill C-377 also presents problems that could have been averted with proper consultation. We have heard my colleagues talk about that in great detail. Among other things, it has the potential to seriously disrupt collective bargaining processes. For example, detailed information about unions, including information on union strike funds, would be available to employers. It seems like a blatant attempt to make things harder for unions. We recognize the essential role that unions play in protecting the rights of workers and helping the middle class to grow and prosper.

It is clear that the legislative amendments enacted through these bills must be repealed in order to restore fairness and balance in our approach to labour relations in Canada. To do less would be a disservice to workers, employers, and the economy.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 6 p.m.


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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, I rise today to speak on Bill C-4, as I find it proposes some deeply troubling measures.

I will get directly to the point. Last night, I took the time to research the history of the right to a private ballot in a democracy. It will likely come as no surprise to this House that prior to secret ballots, citizens were often subject to threats and intimidation, but of course that is the entire point here, is it not?

We know that big, powerful unions supported the Liberal government in the election, so this is, in essence, payback by the Liberal government to those big union leaders.

Let us be clear on that. The Liberal government is denying workers the right to a secret ballot, knowing full well what that really means. It is 2016, and the right to a private ballot is being denied by our new Liberal government. Let us think about that.

Now, of course, Bill C-4 does more than deprive workers of a democratic right to a private ballot on the subject of unionization. It also seeks to eliminate the transparency of requiring unions to publicly disclose how tax-deductible union dues are spent by big union bosses. Big wages, big expense accounts, and who knows what else?

I find it incredibly ironic that on the very day our Liberal government announces Bill C-4, Elections Canada reveals that the Liberal Party of Canada is caught illegally taking union donations, union donations that come from mandatory union dues. Of course, the Liberal Party and the union say it was all just a mistake. Somehow the union knew where the leader of the Liberal Party would be in advance and was provided access so that paid individuals would attend a Liberal election event. Were there any other mistakes of this nature? With the repealing of union financial disclosure, we will never know.

On that same theme, we also know that once upon a time the Liberal leader took payments from unions to give speeches. Thousands of dollars of union dues were paid to the member who is now the leader of the Liberal Party. We know this because, to give credit to the Liberal leader, it was disclosed. Interestingly enough, had these thousands of dollars been provided in terms of gifts there would be a clear conflict.

However, paying an elected MP for speeches is in effect a loophole in the conflict act. Surprise, surprise: the unions pay the member thousands of dollars for speeches and the member of Parliament in question turns around and opposes bills that unions do not like.

I just want to point out that this is not the 1970s in a banana republic.

This is happening in Canada today, because it is 2016.

I am deeply troubled that a member of Parliament can be paid thousands of dollars by unions for speeches and then turn around and oppose changing bills that unions do not like. What bills do unions oppose? They are bills that provide workers with the democratic right of a private ballot and bills that create fiscal transparency and accountability of those same big union bosses.

We are facing challenging economic times. Tens of thousands of Albertans have lost their jobs and one of the first bills from the new Liberal government is a union payback bill. It would do nothing to help our economy. It would do nothing to create jobs. It would do nothing for workers' democratic rights. It would do nothing for public accountability and transparency.

Has there been wide consultation with the Liberal government and stakeholders on the bill? We know there has not been wide consultation. I find that interesting. When it comes to projects that create jobs that Liberals do not support, they delay, citing a need for more consultation. Yet when it comes to payback for Liberal friends, the need for consultation is suddenly a muted concern. That suggests to me that this legislation is seriously flawed. I submit the Liberals are not widely consulting on the bill, because removing a worker's right to a private ballot raises the question as to why they want to limit democratic rights.

However, I do understand why the Liberals want to act quickly on this. I suspect if unions were ever forced to publicly disclose where all of those mandatory tax-deductible union dues flow, it might further raise uncomfortable questions. Are there other elected officials being paid by unions for speeches and then carrying out union legislative wish lists? We will never know. I guess it is better just to sweep it under the rug.

I admit I have not enjoyed giving this speech. I would rather us focus on ways that we can strengthen our economy and create more jobs for our citizens. I would rather find ways that we can make our communities safer and create more transparency and accountability within our democratic institutions. I would rather focus on finding ways to help those who are less fortunate and supporting seniors in our communities. Yet here we are, protecting the interests of big union bosses. This is a thank you from the Liberal government. This is not sunny ways and in my view it is not how we build a better Canada.

Let us also recognize that in today's global economic climate businesses often relocate to jurisdictions that have preferable regulatory or cost advantages. This also applies to labour laws. It is critically important that Canada have a competitive regulatory regime that does not place workers at an economic disadvantage. Labour laws absolutely need to be fair. They need to be balanced and ultimately provide workers with democratic rights that include the right to a private ballot.

Before I close, I just would like to say I am very proud to come from British Columbia. British Columbia was the first province in Canada to introduce secret ballot legislation in 1873, and here we are today in Ottawa saying private ballots for workers is somehow a bad idea. I guess it is because it is 2016.

I submit this legislation is misguided and flawed. It is disappointing to me that the Liberal government is using one of its very first bills to reward big union bosses instead of helping out middle-class Canadians that the Liberal government purports to support.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 5:40 p.m.


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Liberal

Julie Dzerowicz Liberal Davenport, ON

Mr. Speaker, I will be speaking to Bill C-4 today. The Government of Canada believes that we should be treating our unions in a fair and balanced way. This is the principle behind repealing Bill C-377 and Bill C-525. The other reason we are also repealing this is the whole process. If there are issues around workers or unions or just human resource policy in Canada, the best way for us to go about dealing with it is in an open, transparent, and consultative way.

To me, that is the way we should be dealing with any of the issues, both now and moving forward.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 5:25 p.m.


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Liberal

Julie Dzerowicz Liberal Davenport, ON

Madam Speaker, I will follow the wonderful example of the hon. member for Kenora and start by giving members a bit about my background and some context.

I first want to mention that before I became an MP, I was privileged to work as a director of a large corporation. I worked for big business and was very proud to do so.

I also come from a family where my father worked for Canada Post for almost 30 years and was part of the union there. The only reason my mother does not live in poverty at the moment is that we very much benefit from his ongoing pension. The reason I mention this is that I believe we should treat all of our partners in the economy in a fair and balanced way, whether big business or unions. This is very much the principle that is behind the bill that I will be speaking to today, Bill C-4.

I am the very proud member of Parliament for Davenport, which is a riding in downtown west Toronto. We have a number of union members there, whether in the construction and labour trades, such as LiUNA painters, carpenters, or from the public sector or Canada Post. There are many other unions that I have not mentioned. However, the point I want to make is that Davenport has a lot of union members who want a fair and balanced federal labour policy, as do all Canadians. That is what we are trying to do with Bill C-4.

I welcome the opportunity to speak in support of Bill C-4, which aims to repeal the legislative changes made by Bill C-377 and Bill C-525. I would also invite all members of the House to support this important bill.

As mentioned in my introduction, in the broadest of strokes, Bill C-4 aims to restore a fair and balanced approach to labour relations in Canada. Because this government has promised Canadians that we will do things differently from the start, the words “fairness" and “balance” resonate with me. We believe that how we do things is just as important as what we do. The laws that throw a wrench into positive working relationships between government and unions, between employers and employees, and between different levels of government do not help anyone. Negative and contentious labour relations are destructive. They gnaw away at the foundation of a structure until it can no longer stand. However, it is that structure that supports workers, employers, and our economy as a whole. Therefore, we need that structure to be strong.

My colleague the Minister of Labour has taken members through some of the finer points of Bill C-377 and Bill C-525. I would like to use my time today to explain the impact these bills have on unions and workers and how they and in turn all Canadians would benefit from the repeal of the legislative changes made by Bill C-377 and Bill C-525.

I will begin by commenting on Bill C-377. Members should consider the fact that this bill forces labour organizations and labour trusts to provide very detailed financial and other information to the Canada Revenue Agency, such as salaries and time spent working on political or lobbying activities.

The bill also requires disclosure of all disbursements greater than $5,000 by unions, including names and addresses of anyone whose goods or services are purchased. There are a lot of other data requirements, which I will not go into. However, the key point is that the bill requires information that no other organization is required to provide, be it a public, private, non-profit, or charitable organization, or even a political party. To some this may not seem entirely unreasonable at first glance. However, if we dig a little deeper we would find that it could have serious and substantial ramifications.

First, it creates an extra level of unnecessary red tape, which could be particularly problematic for smaller organizations with fewer resources at their disposal. The Canada Revenue Agency would share that burden. It would have to develop new and expensive IT systems and other administrative systems to implement the bill. That is an unnecessary cost that would fall to Canadians. It is unnecessary because we already have legislation in place to ensure that unions are financially accountable to their members, as we heard today during the earlier debate. All of this is referred to in the Canada Labour Code.

Furthermore, similar accountability measures have been put in place by almost every province. Bill C-377 would impose a large financial and administrative burden on labour organizations, labour trusts, and government bodies, among others, for information that is not required from other organizations. As though that were not enough, if these organizations do not report on time, they must pay a fine of $1,000 for every day they are late, up to a maximum of $25,000.

Fortunately, my colleague, the Minister of National Revenue, took all the necessary steps to waive reporting for the time being. However, we know that this is a temporary solution since the waiver only applies to the 2016 fiscal period. In addition to the administrative burden being significant and unjust overall, the effect that the reporting requirements would have on the collective bargaining process would also give an unfair advantage to employers at the bargaining table. For example, detailed information about union strike funds would be available to employers, which means that employers would be able to calculate how long union members might be able to stay off the job in a labour dispute. If that is not uneven footing, I do not know what is.

It is clear that Bill C-377 is unnecessary and discriminatory. It clearly disadvantages unions during the collective bargaining process. At the root of it, I believe it is an attempt to make things harder for unions and to drive a wedge between employer and employee relations in Canada.

This brings me to Bill C-525. This bill made changes to the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act that affect how unions are certified and decertified. It makes it harder for unions to be certified as collective bargaining agents and easier for a bargaining agent to be decertified. The changes mean the process is more susceptible to employer interference and makes unionization more difficult.

Bill C-525 is not just problematic for unions but imposes some serious burdens on others as well. For example, there are real implications for bodies such as the Canada Industrial Relations Board, as well as the Public Service Labour Relations and Employment Board. Both boards are responsible for the full cost and logistical responsibilities involved in holding representation votes. Under these changes, the Canada Industrial Relations Board would be required to hold a vote to certify a union not just when less than a majority of workers have signed union cards, but would need to do so in all cases. This would mean a fivefold increase in the board's workload.

These bills do not represent a positive contribution to labour relations in Canada. In fact, they cause real harm. It is no surprise that when policies are developed without proper consultation, as was the case with both of these bills, they often end up causing more harm than good. Liberals believe in reforming labour policies through meaningful engagement with unions, employers, stakeholders, provinces and territories, and the Canadian public. It is the only way to ensure a fair and balanced approach to labour relations in Canada. As we have said before, sound labour relations are essential for protecting the rights of Canadian workers and helping the middle class grow and prosper. It is also the necessary foundation of a system where both employers and unions play valuable roles in ensuring that workers receive decent wages and are treated fairly.

I urge all of my colleagues in the House to support Bill C-4 and bring back the fair and balanced labour relations approach all Canadians want and deserve.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 5:15 p.m.


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Liberal

Bob Nault Liberal Kenora, ON

Madam Speaker, it is a pleasure for me to stand here in my place to speak to Bill C-4. Before I do that, I just want to say that I will be splitting my time with the member for Davenport.

I want to start off by talking a little about my background, because I think it is important for the members to know that I am one of those union bosses the members opposite are talking about. I am one of those people who was high up in the union movement in the 1980s, and the 1970s for that matter, before I became a member of Parliament. I must be the one they are targeting who was not accountable and not transparent and had something to hide and that they were trying to fix in the pieces of legislation we are speaking to.

I wanted to come clean right off the bat that I have a particular bias. I am a labour unionist and am very proud of it. This country has a long history with the organized labour movement. It has done well in making those kinds of changes.

Let us talk a little about the history of the labour movement. It is pretty clear that the labour movement has had huge impacts on blue-collar workers and workers in Canada. Part of that is obviously better wages, better working hours, and better health and safety, which is one of the main reasons unions started in the first place. Workers were under very severe pressure to work in unsafe conditions in the early part of our history. The labour movement was started because of the lack of protection for the everyday man and woman working in Canada.

I want to share with members the race to the bottom the Conservative Party, and the Reform Party before it, have been bringing to the House for the last 20 years I have been involved. It scares me. I will use the example of the Canada pension plan and pensions in general.

The labour movement had a huge role to play in bringing pensions, good pensions, to men and women all across the country to supplement their retirement incomes, because obviously, we know that the Government of Canada cannot look after all our seniors after retirement. The pension plans, the funding put in by employers and employees, are very important in our economy today.

We not only need to talk about the collective bargaining structure but about the social aspects of what collective bargaining and organized labour can do.

I just want to talk a little about a 2012 study, by the Boston Consulting Group, I have been reading about. Here is what I found out. On average, 14 cents of every dollar of income in Ontario communities comes from pensions. That means that in Ontario, 7% of all income in our towns and cities, or $27 billion, is derived from defined benefit pensions.

Instead of trying to diminish labour, we should in fact be trying to strengthen our relationship with employers and employees so that there are more pensions in the workplace so that pensioners, the people we represent in the House, have a good retirement.

I am proud to represent retired railroaders, mill workers, and miners, all these people in the Kenora—Rainy River district, and now the Kenora riding, that I have been a member of Parliament for the past 16 years. These people have good pensions. Those workers were represented by organized labour. They had huge benefits because of good collective bargaining.

That does not mean that the employers did not make money. I was a railroader. I represented the railway unions. Those railways made money in the days when I was there negotiating collective bargaining agreements with them.

The fact that the previous government felt that it was in its best interest to try to diminish organized labour makes me wonder what the motive really was. In fact, it does more harm to Canada than it does good. We should be strengthening the opportunity for organized labour to work with the government and with employers, instead of the reverse.

The previous government set a very dangerous precedent. The balance between labour and employers has always been hard to arrive at. We have spent, I would bet, 100 years trying to get the balance right provincially, federally, and even municipally. Then we had a private member's bill foisted on us, without any discussion among the key players—labour, government, and employers—through the tripartite process that has been ongoing at the department of labour federally for as long as I can remember. That is a very dangerous precedent by any government.

Even Brian Mulroney's government would not have done something like that. I was involved in those days in opposition when Brian Mulroney's government wanted to bring some changes to the Canada Labour Code. It used the tripartite process.

The Conservative Party, and I think there are too many Reformers in there still, really needs to start thinking about what exactly its intent was in getting involved in provincial jurisdiction, which has nothing to do with the federal government, and using the Income Tax Act to do so.

That is exactly why the current government is repealing those pieces of legislation. First, this is not our jurisdiction. Second, they are unconstitutional. We all know that, and we know that if we do not do anything, the courts will throw them out, like it did many pieces of legislation the Conservative government brought it.

We are doing the right thing. We are putting in place the balance. The balance is always difficult to achieve. Yes, sometimes workers go on strike. They have to have the ability to do that. They have to have the ability to certify. They have to be able to do it without everyone in the world knowing their strategy and their plan. It is pretty hard to negotiate with both hands tied behind one's back. What the Conservative government proposed to do under that legislation was to have the union tell the employer, on the other side, all its financial resources, who it was speaking to, and what it was proposing to do.

If a union is putting money into social issues or into campaigns, that is its prerogative. I can say this because I was there at the top end of the union: union members know where their money is spent. It is ridiculous for any party to be suggesting to the average Canadian that somehow workers do not know where their dues go. We all know that this is just a fabrication to make it sound like it has to be done.

These two pieces of legislation destabilized that very careful balance that we in Canada, as legislators, tried for many years to make sure stayed intact. The legislation we are proposing to repeal will be repealed because we want to make sure that the relationship between labour and the government and employers is respected and that collective bargaining will be done in the way it has always been done, between the employer and the unions. They will work it out. That is what the legislation is intended to do for Canadian workers and their employers.

I want to speak a little about the importance of our new government's relationship not just with labour but with the Canadian people. Over the next couple of months in this place, we are going to see the government probably remove a number of pieces of legislation the other side brought in that we think are counterproductive to building a good society. I hope that we on this side of the House never feel that we have to find an excuse for not be doing that. We ran on a platform of not allowing those kinds of things to happen anymore. We are going to have respect for the labour movement. We are going to have respect for Canadians. That is what we are going to do.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:45 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, that will be a hard act to follow, but I think I will be able to provide the House with some more content, and perhaps clarification on some facts.

I would like to thank the hard-working Canadians in Saskatoon West who voted me to be their voice in the House of Commons. Today especially, I feel it is important that I acknowledge their support, because it is important to remind me of who I am here to serve and why. It is also important that all of us here remember exactly who is affected, positively or negatively, by the decisions we make each and every day. This is a responsibility I do not take lightly.

Many of the individuals in my riding work part-time or in contract positions. The majority of them work in the retail and hospitality sector. Quite a few of my constituents work in unionized workplaces. Others have been impacted by the slowdown in the resource sector. Some own businesses and have employees of their own. A great number of my constituents are new Canadians, immigrants or refugees, working two or three casual or part-time jobs, trying to balance a family, a new country, a new language, and an unfamiliar culture. Every one of these workers deserves to be protected.

With this in mind, Bill C-4 is beyond partisan politics. It is about the individuals who brought us here and about making things better for the people we all represent. That is why I support the bill. I support it as a person who cares about the rights and well-being of my constituents and my fellow Canadians.

Bill C-4 is a small step forward toward a return to recognizing and respecting the rights of the hard-working individuals, men and women, who make up our country. It is not hard for me as a member of the NDP caucus to acknowledge the support for Bill C-4. I guess it will not come as a surprise to anyone that our party supports the bill.

However, it should come as a surprise to all Canadians that the government is having to, with no small amount of shame I hope, return to the people of Canada their hard-earned rights, their constitutional rights, their right to privacy, their rights of freedom of association, and freedom of speech, rights that took decades to achieve. As such, today is a day of mixed emotions.

On one hand, we are happy to see critical rights restored to hard-working Canadians. On the other hand, we worry about the erosion of workers' rights that took place under the previous government. Today, we ask the current government to be vigilant in restoring each and every one of the rights stolen from the Canadian people. We also ask that it update parts of the Canada Labour Code that are about 60 years out of date.

A great way to help rectify that problem would be to immediately act on the recommendations of the final report of the 2006 review of the labour code. It is long overdue. Many of these recommendations and much-needed updates would benefit the many hard-working Canadians working two or three part-time jobs, trying to support a family and purchase or maintain a home, a home whose affordability is increasingly out of reach of most middle-class Canadians in Canada, let alone for those individuals working multiple jobs at minimum wage.

It is a simple and perhaps obvious truth that it is easier to destroy things than to build them. For anyone who has wrestled with a blank page, a canvas, a drafting table, or a freshly surveyed drilling site knows, creating something new is hard work. It takes time, persistence, and patience, and is not for the faint of heart. Destruction, on the other hand, is something we have been able to accomplish with ease since we were all very young. At the age of one, a child will happily smash, in a matter of seconds, a birthday cake that took his or her parents an hour and a half to create. Over the past decade, we have witnessed more than our fair share of destruction, a destruction far less playful and humorous than the smashing of the cake.

In a few short years, we have seen the dismantling of the rights for each and every individual across the nation, rights that have taken decades to create, nurture, and grow, rights that protect each one of us, but also, and more important, rights that protect the most vulnerable among us.

The previous government, in a few short years, trampled on and set fire to those rights most dear to individual Canadians, and certainly to those individuals who care about the environment, social services, workers' rights, women's rights, the poor and every other marginalized individual and community in this great land; also to those individuals who care about good, honest fiscal management and the economy, and children's education and futures; and especially to those who care about indigenous communities, their languages, cultures and people. These are not and should not be seen as mutually exclusive things. They work together. Each of us is better off by including the other.

Thankfully, today is a new day, and Bill C-4 is a great first step. However, we must do better, be better, and dream much bigger, because we have a lot of ground to make up.

I implore the governing party to be bold, to take the time to recognize respect, and provide rights to individuals who brought them here, because these are individuals who make up our great country. Each of them is a hard-working Canadian.

Today we also know that many Canadians are hurting. Many have lost their jobs and are in danger of, or have already, losing their homes. Many regularly use food banks and emergency shelter that, in some cases, is becoming their everyday shelter. This is unacceptable in a country as great as Canada. We can and must do better.

Bill C-377 was an unnecessary, discriminatory law designed to impose onerous and absurdly detailed reporting requirements on a particular segment, on unions. The bill was pushed through Parliament by the previous government, despite widespread opposition from a wide variety of interests, not just unions. Why? Because the negative effects of the bill would harshly impact each and every Canadian.

Each of these groups and associations represent individuals whose rights they consider important, whether one belongs to a union or not. Some of those individuals and groups were constitutional and privacy experts, for example, the NHL Players Association, provincial governments, Conservative and Liberal senators, the Privacy Commissioner of Canada, the Canadian Bar Association, and the insurance and mutual fund industry.

Likewise, along with the Privacy Commissioner of Canada, we believe this bill goes against the Canadian Charter of Rights and Freedoms. If not repealed, this bill will be defeated by the courts.

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

Canada needs a strong and healthy trade union movement. Historically speaking, unions in Canada have done much, not only for their members, but for Canadian society as a whole. When unions are weakened, all working people feel it. Why? Because, contrary to the rhetoric of those threatened by workers' associations, namely the wealthy 1% and a few misguided Conservatives, attacks on collective bargaining do not promote economic growth. Attacks like these promote inequality, not a healthy economy.

In 2002, documents based on more than 1,000 studies of the impact of unions on domestic economies, the World Bank found that a high rate of unionization led to greater income equality, lower unemployment and inflation, higher productivity, and a quicker response to economic downturns. A quick response to an economic downturn seems like it might be a positive thing right about now.

The previous government claimed at the time that it was acting in the name of transparency, but the Conservatives failed to mention that unions were already required to make their financial information available to their members. The bill is an unnecessary redundancy solving a non-existent problem.

Something we have not heard yet is that the bill would cost taxpayers a great deal of money to achieve absolutely nothing.

The parliamentary budget officer estimated that it would cost much more than the $2.4 million allocated by the CRA to do this level of monitoring. In fact, it was estimated that Bill C-377 would cost the Canada Revenue Agency approximately $21 million to establish the electronic database over the first two years, and approximately $2.1 million per year for subsequent years. Many estimates were even much higher than that. I am being conservative.

As such, implementing the requirements in this bill will be ridiculously expensive for what is clearly redundant and unnecessary harassment. Repealing Bill C-377 would save millions of dollars annually, both for government and for unions, money that could be much better spent creating jobs rather than stifling them. In short, this bill should never have seen the light of day, and repealing it is just common sense.

Similarly, Bill C-525 was a private member's bill supported by the previous government. The bill was designed to make it harder for workers to unionize, and easier for unions to be decertified. Once again, the previous government was solving a non-existent problem.

Bill C-525 attacks the fundamental right of association by making certification of new worker associations or unions much more difficult and the decertification of existing unions much easier. The labour law changes were made despite there being zero evidence of a problem with the previous system of union certification.

A union, like any other type of association, such as the Association of Information Technology Professionals or the Canadian Society for Civil Engineers, exists to provide support and a voice for its members. What right does a government have to meddle in the daily management of the Canadian Association of Petroleum Producers, for example? None. Therefore, why should the government meddle in daily management of a worker association or union? On the surface, it just seems silly.

It seems a government should have much more important things to accomplish with its time, its budget, and its efforts. However, the efforts of such destructive meddling are much more nefarious than a bizarrely childish obsessiveness with union busting, and these effects have a negative impact on all Canadians. Whether a person supports unions or not, the fact is unions have been a driving force in ensuring all hard-working Canadians, whether unionized or not, receive a basic level of rights, freedoms, and protections.

The health of Canadian unions is at the heart of the health of Canadian workers' rights for each and every working Canadian. Moreover, as mentioned previously, the organized association of working people is important to Canadians and the economy. Higher wages negotiated by unions improve the lives of everyday Canadians and inject an additional $786 million into the Canadian economy each week. Standing in the way of the well-being of hard-working Canadians is bad policy, bad governance, bad fiscal management, and bad for the economy.

As such, the NDP and Canadian unions are pleased that the federal government has tabled legislation to repeal the controversial bills, Bill C-377 and Bill C-525.

The CLC president, Hassan Yussuff said:

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

Mark Hancock, the national president of CUPE, confirmed, saying:

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

Likewise, Paul Meinema, the national president of UFCW, said:

UFCW is pleased to see the government tabling Bill C-4. Our union campaigned vigorously against the Conservative Government`s Bill C-377 in the last parliament. The bill was undemocratic, and part of the Conservative government`s campaign against workers and workplace democracy. It was also a major invasion of the privacy of individual union members and it infringed on provincial jurisdiction over labour issues. Repealing Bill C-377 is positive for all Canadians as this bill would have been expensive for the government to implement and monitor.

The NDP will continue to push the government to restore and enhance collective bargaining rights as well as fair working conditions for all Canadians. The NDP will continue to pressure the government to reinstate a federal minimum wage and to enact anti-scab and proactive pay equity legislation. Likewise, the NDP will push the government to repeal the previous government's dangerous legislation, just to confuse things also called Bill C-4. Larry Rousseau, in a 2013 article published by The Huffington Post, called the previous Bill C-4 explosive, claiming the bill turned back the clock almost 50 years. A bill this backward, overtly ideological and explosive needs to be repealed, not just reviewed.

What value does a bill limiting a person's right to refuse unsafe work bring to the table? What exactly needs to be reviewed in a bill that does away with independent health and safety officers and that prevents federal public service workers from accessing the Canadian Human Rights Commission and tribunal over workplace discrimination and complaints? A review legitimizes this offensive legislation. It is time to just repeal it.

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

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

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:10 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I would like to greet all the members of the House once again. I have the great honour and pleasure to rise on behalf of my party. Before broaching the more political aspect of this issue, I would like to salute my hon. colleague the minister, who is introducing her first bill. This is an important moment for her.

I really want to thank her for what she is doing, but I hope she will understand that she is wrong on that project.

I have respect for her, because we share the same experience. I have been a member of the National Assembly, which is the provincial legislature in Quebec. She has also been a member of a provincial legislature, in Manitoba. However, the point is that the hon. minister was a member of the provincial legislature under what party? It was the NDP. It is real proof, when we read the bill, that the roots are there, and it is all wrong for the people of Canada.

It is a sad day for some of the fundamental principles that we share in the House of Commons. This bill attacks the principles of democracy, accountability, and transparency. Those are fundamental principles of democracy that were intrinsic in our two bills and, unfortunately, are being trampled on by Bill C-4 introduced by the Liberal government.

It is clear that this bill is the Liberal Party of Canada's way of thanking the union bosses for spending millions of dollars, without consulting their members, to fight the Conservative Party before the election campaign, when they were not subject to the restrictions on election expenses. Thus, this is a way of thanking the union leaders, but not Canadians.

Let us also remember that all of this is due to the work of the previous government. Our government introduced two private members' bills, which shows that it was open to letting its caucus participate in the democratic process. I am talking about Bill C-377, which has to do with accountability, and Bill C-525, which has to do with the democratic process and which became law. Bill C-4 directly attacks these two fundamental pillars, and we are going to demonstrate why it is a bad bill.

First, let us talk about the issue of democracy. Bill C-525 allowed for and even required a secret ballot for union certification. If ever the union members wanted to terminate their union certification, that also had to be done by secret ballot.

All members of this House were elected by secret ballot. Throughout our history, thousands of Canadians across the country have been elected and sat in the House because of the principle of the secret ballot. How can members of the House be against secret ballots? There is no better way to give unions even more authority than to give them the support of members through a secret ballot.

Here is what currently happens. Someone knocks on the worker's door, accompanied by three or four friends, and asks the worker if he wants to sign the sheet. The three or four friends may remember the brave man who chose not to sign the sheet. Is it not better to proceed by secret ballot? This calls for a much more extensive democratic process.

Yesterday, during question period, we questioned the Prime Minister about the union bosses who illegally financed the Liberal Party, which was recognized by Elections Canada. The Prime Minister replied that this was a response to our opposition to unions in Bill C-525, which was undemocratic. I have a lot of respect for the office of prime minister, but I still do not understand how a Canadian prime minister elected by secret ballot can find this undemocratic. I am sorry, but this is a fundamental principle that we must respect.

How can the Prime Minister say it is undemocratic when we vote by secret vote, when this guy was elected through a secret vote? How come?

What the minister is saying does not make sense, because she said there were no consultations. Stop right there. We held consultations. The House of Commons Standing Committee on Finance examined this issue, as did the Standing Senate Committee on Banking, Trade and Commerce and the Standing Senate Committee on Legal and Constitutional Affairs.

How many parliamentary consultations did the government hold about this bill? None. They have a lot of nerve telling us something is undemocratic when they did not consult. For one thing, that is not true, and for another, they themselves did not do it.

Another disturbing thing about the bill is that the secret ballot principle exists in provincial legislatures in British Columbia, Alberta, Saskatchewan, Ontario, and Nova Scotia. I see some folks over there who will probably say that I am a Quebec MP and that Quebec does not have it. They are right. However, in my previous life, when I was a provincial MNA, I introduced a bill about that. My idea never became a reality, unfortunately. We were not in power. I just want people to know that I am seeing things logically.

I also want to point out that when we look at all of this, the motivation behind it is that they want to protect union bosses' benefits. Those same union leaders are elected by secret ballot. Why should union leaders be elected by secret ballot if secret ballots are not allowed for union certification votes? According to the Prime Minister, that is undemocratic. This is illogical.

In fact, people spoke in favour of our bill. For instance, Dan Kelly of the Canadian Federation of Independent Business had this to say:

As secret ballot votes are a cornerstone of our democracy, if the process is good enough to elect our politicians, it should be good enough to form a union.

If I understood correctly what the minister said earlier, she definitely did not consult Canadians. The 22,000 people she mentioned were all directly linked to the union movement. Speaking of the union movement, here is what Robyn Benson of the Public Service Alliance of Canada said on February 11, 2013:

...PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action.

What, then, is the problem with voting by secret ballot? Why does the Liberal Party have a problem with secret ballots? I look forward to hearing that. This debate has just begun, and dozens of people will be speaking on this. I would like the Liberals to explain to me why they are against secret ballots. It does not make sense, especially since we were elected to the House of Commons by secret ballot.

They also talk about the need for maintaining balance when it comes to labour relations. A union is formed and dissolved in exactly the same way. A secret ballot is the perfect balance. How can we and the NDP be against that? I know that the members across the way are democrats as well. That is why I say it is never too late to do the right thing and that they can fix this.

Fundamentally, a secret ballot makes the process a lot more credible. We have all heard horror stories about three or four bullies who knock on the door at 10 o'clock on a Sunday night and say sign here or else.

If people are able to vote their conscience in a voting booth and mark an “X” next to the yes or the no and then place their ballot in a box, as they do for so many things, such as electing us for example, then the problem is solved. I cannot wait to hear them explain why a secret ballot is undemocratic.

The other point concerns the issue of transparency. Bill C-377 is driven by this fundamental principle: transparency and accountability. All public bodies have rules requiring transparency and accountability. We MPs have them; departments have them; crown corporations have them; municipalities have them; the provincial and federal governments have them; and so do municipalities. Everyone has to be accountable, even charitable organizations. Then why impede the transparency and accountability of a union, which, need I remind members, is the only organization that taxes people without having the power to tax that belongs to the government?

I will explain. The Rand formula requires union members to accept a deduction from their wages in order to pay the union. We are not challenging this principle. Don't get me wrong on that. I do not want to be misquoted. We agree with this principle. We do not have a problem with that. However, the reality is that these people are accountable because the dues are mandatory.

Youri Chassin, of the Montreal Economic Institute, said that unions had a power to tax, which calls for much more transparency. All Canadians are affected by this, not just working Canadians, not just those who belong to unions, and not just those who are unionized.

This affects all Canadians because there is a tax credit for this. What kind of money are we talking about? We are not just talking about three or four dollars. We are talking about $500 million, half a billion dollars. Do my colleagues not think that unions should therefore be accountable to all Canadians? That is precisely the question.

Earlier, the minister said that everything was fine and that they are already accountable. That is not true. This affects all Canadians, and since they are paying $500 million for this tax credit, it makes sense that unions should be accountable to them. That is a fundamental principle. My colleagues agree with this.

I see some members starting to smile. You never know, we might end up convincing them.

The other important thing to remember in all this is that we are not alone. Canada is not an island. This is being done in other places, such as the United States, the United Kingdom, Australia, Germany, and even France. Yes, even socialist France is doing it.

I am not talking about the Americans under George W. Bush. I am talking about socialist France requiring its unions to have transparency rules. The current minister, a former NDP MLA, cannot disagree with that. We shall see.

I spoke briefly about the requirements for charities. We are MPs and we spend our weekends working with charities. I am very proud of the fact that there are dozens of charitable organizations in my riding of Louis—Saint-Laurent that help the most vulnerable members of our society, whether it be the Knights of Columbus, Optimist Clubs, support groups, or La Luciole, which I spoke about here in the House last week to great applause from 335 members, including the Prime Minister. I am very proud of that.

Under the principles of transparency and accountability, these organizations must be held to account. Why flout that principle when it comes to unions? That does not make any sense.

As Air Canada flight attendant Marc Roumy said, the union would be stronger and more legitimate and would receive more support if it was more accountable.

Earlier the minister mentioned the theoretical possibility that Bill C-377 and Bill C-525 could face court challenges. Has this been challenged? No, it has not been challenged. She was talking as though it would be the end of the world or things would not end well, but it has not been challenged.

We, however, consulted people, and even a former Supreme Court justice, the Hon. Michel Bastarache, gave evidence. What did he say? He said that this fell under federal jurisdiction because it was a taxation law, that it did not encroach on federal or provincial powers, and that it posed no problems with respect to the Canadian Charter of Rights and Freedoms.

The person who said all that was not just anyone; it was a former justice of the Supreme Court of Canada. I do hope that the current government respects our right honourable justices of the Supreme Court of Canada. This former justice said that the bill was fine, that it passed the test.

I also have to wonder what the urgency is in all this. The bill was introduced and it passed. It was implemented for a few months. Were there any challenges? Did anyone take this matter to court? I will answer that myself, and the answer is no.

It is clear that the Liberal Party, with the support and assistance of the Bloc Québécois and the NDP, rushed to pass this undemocratic law that is against transparency and accountability solely for partisan reasons and to thank the unions for spending millions of dollars fighting the Conservative Party. That makes no sense in a democracy.

Let us not forget that the biggest losers in all of this are ordinary workers, ordinary union members. The ones who work hard, who have families and who mind their own business and do not want to get involved in union issues and all that. They are the ones hurt by this bill because they will have a harder time getting access to information and there will be no democracy in their system, which we think should include secret ballots.

The government is doing this to thank big union bosses, and it has no respect for ordinary workers.

I am a guy from Quebec. I was a member of the National Assembly, and I can say that the infamous Charbonneau commission showed beyond a shadow of a doubt that unfortunately, unions bent the rules in some highly improper ways.

More transparency and more accountability is always good for democracy, and it is especially good for ordinary workers who pay their union dues.

Let me just say a few words in response to the address by the minister. She said it is quite important to have a real balance on this issue. She said that our government did not have balance on that. That is not true. We share the same balance on that in exactly the same way, to create a union and to dissemble a union in exactly the same way. That is really balanced. Now we are talking about balancing the subject, and we were for that.

The minister is talking about building a strong and robust economy with Bill C-4. We will see. I am not quite sure about this kind of activity, but what is good for the economy of Canada is to support good projects like the pipelines project. Now they should be good for the economy of Canada, not with this bill, but real projects for the private sector that are good for Canada, good for the economy, and good for Canadians.

The minister is talking about obligation and saying that the unions already have an obligation. So what is the deal? They already have an obligation to duplicate it, so what? Paste and copy, it is quite easy. If there is an obligation now, why is she against what we propose, because we share the same principles?

On Bill C-525, she said that it would be more difficult to dissemble a union. If the people, the workers, are happy with their union they will not want to dissemble it, but if they are against their bosses and think they will not be well defended by their leaders, this is an opportunity to do so by secret ballot.

She said that the former government was pro-business. What is the problem? Who creates jobs in this society? Is it the government? No. Is it the municipalities? No. Is it the provincial government? No. Who creates the real jobs? Business. Yes, we are proud to share the same principles.

However, more than that, who works in business? The workers. Men and women work hard. They rise up in the morning, work hard, get their wages, working hard for that, and we thank them for that.

We think of them when we read this bill. We think about the people who get up in the morning, work hard, and see their wages being used to finance unions. They want their money's worth.

We think of them because we think that wealth is created by private businesses, but we also believe that private business exists thanks to the support, assistance, and work of experienced Canadians who get up in the morning and earn their daily bread. We owe them our respect, but the legislation the government is proposing does not respect these workers.

In our opinion, it is clear that this bill cannot stand in its current form. I therefore move, seconded by the hon. member for Foothills:

That the motion be amended by deleting all the words after the word “that” and substituting the following therefor: “this 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, because the bill violates a fundamental principle of democracy by abolishing the provision whereby the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority”.

This bill makes no sense. Let us hope that the government drops it.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:05 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, the minister talked about consultation with unions, but I would like to know if she talked to anyone other than union leadership. That has been a cozy relationship. She met with the Teamsters several times, the American Federation of Labor, and some of the biggest unions in Canada, but has she actually talked to union members? The data we have shows that 86% of union members support the legislation we put forward last year. Did she have consultations with actual Canadian workers before she brought Bill C-4 forward?

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 3:40 p.m.


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Kildonan—St. Paul Manitoba

Liberal

MaryAnn Mihychuk LiberalMinister of Employment

moved 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.

Mr. Speaker, it is a real pleasure for me to be standing here today. This is my first opportunity to really give my maiden speech in the House, and I am thankful for the opportunity. I am pleased to be part of a government that is taking steps to restore the balance that is so important for positive working relationships between employees and employers. I also want to thank department officials, the hard-working team of public servants, who have supported the quick tabling of this important bill.

The legislation we are discussing today reflects a commitment made several times by the Prime Minister and this government, the commitment to restore a fair and balanced approach to labour relations in this country.

We believe that both employers and unions play critical roles in ensuring that workers receive decent wages and are treated fairly in safe, healthy work environments.

Among other things, our labour laws help ensure that there is balance between the rights of unions and the rights of employers. The government respects unions and understands that they have been a positive force for the workers in Canada through collective bargaining.

Unions have improved the lives of not only their own members but all Canadians. They have negotiated several items that most workers take for granted, such as the five-day work week, and maternity and parental leave.

When the system works, Canadians benefit and great things happen. That is why unions must be on an equal footing in critical negotiations over wages, safety, pensions, and other workplace issues.

Two bills adopted during the last session of Parliament, Bill C-525 and Bill C-377, upset that balance. We believe they must be repealed, and we are here today to do just that. We have tabled 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. If passed, this bill will repeal the legislative changes made by Bill C-377 and Bill C-525. This would be a key first step toward restoring a fair and balanced approach to labour relations, and ultimately build a strong, robust economy, because unfortunately this balance was significantly upset by the political agenda of the previous government.

Bill C-377 and Bill C-525 have serious ramifications for workers and unions in Canada. Both of these were private members' bills. We do not doubt that the members presenting them intended to improve labour relationships. Unfortunately, the outcomes put unions at a clear disadvantage.

Let me start with Bill C-377. This bill amended the Income Tax Act to require labour organizations and labour trusts, including all unions in provincial and federal jurisdictions, to file detailed financial and other information, including information on non-labour relations activities, with the Canada Revenue Agency. The information contained in these returns would then be made available on CRA's website thereby publicly revealing these organizations' assets, liabilities, income, and expenditures, including the salaries paid to their officers, directors, and other specified employees.

The bill also required labour organizations and labour trusts to provide details on the time spent by certain members of their staff on political lobbying and non-labour relation activities. If organizations do not comply with these measures, they would face possible fines of $1,000 for each day of non-compliance, up to a maximum of $25,000 per year. This information would then be made publicly available on the CRA's website.

If the bill were left in place, employers would have access to the union's financial information, without requiring employers to make the same information available to unions. This would clearly put unions at a disadvantage during the collective bargaining process.

In addition, the financial reporting provisions of Bill C-377 were directed solely at labour organizations and labour trusts, not at other organizations, such as professional organizations that benefit from similar treatment under the Income Tax Act.

This kind of treatment is clearly discriminatory against trade unions. Why would they be subject to the onerous reporting obligations imposed by Bill C-377?

As hon. colleagues may recall, a number of other serious concerns were raised when the bill was brought forward.

The bill creates unnecessary extra red tape for unions. The fact is that there is already legislation in place to ensure that unions are accountable to their members. The Canada Labour Code already requires unions to provide their financial statements to their members on request, and free of charge.

It should be noted that many provinces have similar requirements in their labour statutes.

I would also like to remind the members of the House that Bill C-377 poses a potential breach of individual privacy.

In addition to raising privacy concerns, Bill C-377 creates unnecessary red tape for unions. Bill C-377 duplicates the accountability measures put in place by almost every province, which have similar requirements in their labour laws. Section 110 of Canada Labour Code already requires unions, as well as employer organizations, to provide financial statements to their members upon request and free of charge.

The bill also puts unions at a disadvantage during collective bargaining by giving employers access to key information about unions, without being required to reciprocate.

Bill C-377 has tilted the playing field in favour of employers. For example, employers would know how much money the union had in its strike fund for a possible work stoppage and how long employees would stay out if it came to a strike. The union's most important negotiating lever is undermined by the bill.

There have also been concerns raised about the constitutionality of Bill C-377. The bill presents a potential constitutional challenge because the objective of the bill could be seen not as taxation but as a regulation of unions, which is, in large part, a matter of provincial jurisdiction.

There have been also concerns over the constitutionality of the bill. The provinces of Alberta, Ontario, Quebec, Manitoba, New Brunswick, Nova Scotia, and Prince Edward Island have all stated their opposition to the bill for exactly those reasons.

The Alberta Union of Provincial Employees has launched a constitutional challenge to Bill C-377 before the Alberta Court of Queen's Bench.

The bill is also problematic because it could apply to non-union organizations, such as some of the investment funds and others.

Clearly, some serious legal issues lie within Bill C-377.

Let us not forget the colossal administrative burden the new reporting requirements would have on unions, particularly the smaller ones, and on government itself.

To meet the requirements of Bill C-377, the Canada Revenue Agency would have to develop the necessary IT systems and other administrative systems. This, of course, comes at a hefty price, at least $2 million.

The Minister of National Revenue, knowing that we would be introducing legislation to repeal Bill C-377, has waived its reporting requirements for 2016. This will save labour organizations and trusts the time and money it would have cost to collect and file the information. However, this waiver is only a short-term solution.

Bill C-377 was loudly condemned by many labour organizations across the country. In fact, the president of the Quebec Union of Public Employees, SPGQ, Richard Perron referred to it as a “contemptible attack on our democratic values”.

I believe most employers appreciate that a level playing field in collective bargaining is essential to creating safe and productive workplaces. By the same token, an unbalanced approach such as this one can lead to unnecessary tensions and other problems in the workplace.

In fact, when the standing committee on legal and constitutional affairs held its deliberations on Bill C-377, the Hon. Erna Braun, MLA, who is the minister of labour and immigration of my home province of Manitoba, gave evidence. She expressed what she called serious concerns. She said:

Our view is that this bill is unnecessary and that it infringes on provincial jurisdiction....Under 10 per cent of workers in Canada work in federally regulated workplaces. Otherwise, the provincial governments throughout the country can and do independently set their own legislative priorities in the area of labour.

She went on to say that the provinces had been working with employers and employees for decades, and were already doing a good job of regulating labour relations. Our government agrees with that statement.

Bill C-377 is problematic for many reasons, but it is inconsistent with the constitution. That alone should be reason enough to repeal the legislative changes it made.

This brings me to Bill C-525, which was also a private member's bill. It actually came into force last June. This bill, which modified the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act, changed the union certification and de-certification systems. The bill also replaced the existing card check system with a mandatory voting system.

Bill C-525 makes it harder for unions to be certified as collective bargaining agents, and makes it easier for a bargaining agent to be decertified.

When we asked stakeholders what they thought of the new certification rules, many were displeased. Many said that the previous card check system was not only faster and more efficient, but it was also more likely to be free of employer interference. Overall, as many union spokespersons have pointed out, the card check model is faster, more efficient, and more likely to be free of employer interference than the new method.

Furthermore, repealing this bill will also alleviate pressure on the resources of the Canada Industrial Relations Board and the Public Service Labour Relations and Employment Board since these boards would need to hold fewer certification votes.

Despite the opposing views on the merits of the new and old systems, both labour and employer representatives were highly critical of how these changes were brought about. Changing our fundamental labour laws with a private member's bill, without conducting consultation through the traditional tripartite process, is not only wrong but potentially very problematic.

As Mr. John Farrell, the executive director of Federally Regulated Employers—Transportation and Communications, told the parliamentary committee in February 2014:

This critical consultation process is completely bypassed when changes to the labour relations regime are proposed through the mechanism of one-off private members' bills. It provides no meaningful way for pre-legislative consultation to take place in an open and transparent manner, and it seeks changes without the required engagement of practitioners, recognized third-party neutrals, and the resources of government agencies charged with the responsibility to implement, adjudicate, and monitor the industrial relations system in the federal jurisdiction.

In the past, labour reforms of this sort were the subject of lengthy discussions between unions, employers, and the government. It was vital to have everyone at the table. This consultation process is essential to maintaining a fair and workable labour-management balance. It is a process that this government is strongly committed to. Therefore, we are also repealing this bill, because it upsets the balance that is so necessary for successful collective bargaining in this country.

That delicate balance is essential to sound labour relations, and the employer-employee relationship is vital to our economy. Why? Because sound labour relations provide stability and predictability in the labour force. These elements underpin a strong economy.

Unions play a critical role in the employer-employee relationships. Unions advocate for good wages and safe working environments. These are things that we can easily take for granted. Unfortunately, Bill C-377 and Bill C-525 were designed to “weaken the labour movement, period”. Those words came from Jerry Dias, president of Unifor. He also said that it did not have a stitch of common sense to it.

By repealing Bill C-377 and Bill C-525, our government will restore a fair and balanced approach to labour relations in Canada.

I am proud of the work we are doing to help restore this balance to the labour landscape of Canada. To put it simply, good labour relations are good for all of us.

The issue at hand here is very simple. These bills diminish and weaken Canada's labour movement. Bill C-4 will support and strengthen it.

EthicsOral Questions

February 1st, 2016 / 2:40 p.m.


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Kildonan—St. Paul Manitoba

Liberal

MaryAnn Mihychuk LiberalMinister of Employment

Mr. Speaker, I want to point out that the case I am familiar with was immediately addressed. We worked with Elections Canada to remedy it.

In terms of Bill C-4, it would re-establish fairness and balance, as the members across the way understand.

EthicsOral Questions

February 1st, 2016 / 2:35 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, interestingly enough, I was saying that last week, the government claimed that at the very moment that it became aware of illegal union financing, the party followed the law. The problem is that the government is leaving out an important part of the story.

In an internal union email that we received, we learned that the Liberal leader's team requested this event and the union identified 25 people to stand near the Liberal leader during the event. The government is leaving out an important part of the story.

Will the minister finally acknowledge that Bill C-4 is the government's way of thanking those who made illegal contributions—

Business of the HouseOral Questions

January 28th, 2016 / 3:10 p.m.


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Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalLeader of the Government in the House of Commons

Mr. Speaker, in spite of his best efforts, we just had a good example of embellishment right there. Why do I not focus on the very erudite question that comes on Thursdays that I know members look forward to all week.

This afternoon we will resume debate on the Conservative Party's opposition motion.

Tomorrow, the House will debate Bill C-2, which amends the Income Tax Act, at second reading, and we will continue that important debate on Monday.

Tuesday, February 2, will be another opposition day.

On Wednesday, we will debate Bill C-4, which repeals the Conservatives' unfair union bills. As colleagues know, this important legislation was introduced this morning.

Lastly, Thursday, February 4, will be another opposition day.

LabourStatements By Members

January 28th, 2016 / 2:10 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, earlier today the Minister of Employment, Workforce Development and Labour introduced Bill C-4, an act to take away employees' rights to a secret ballot vote.

During the last Parliament, I introduced Bill C-525, the employees voting rights act, which would give every worker the right to a mandatory secret ballot vote to determine if they wanted to be in a union or not. After a series of secret closed-door meetings with their big union boss friends, today's announcement shows once again that the Liberals are only in it for their big union boss friends.

Canadians elect their politicians with a secret ballot. Five provinces currently use secret ballots in their labour laws. When unions tried to challenge this in Saskatchewan, Justice Richards said, “The secret ballot, after all, is a hallmark of modern democracy.” He also said, “a secret ballot regime does no more than ensure that all employees are able to make the choices they see as being best for themselves.”

We are getting a clearer picture of how the Liberals think when it comes to the democratic process and the outcomes of elections. They apparently only support models that ensure they get the outcomes they want.

Canada Labour CodeRoutine Proceedings

January 28th, 2016 / 10:05 a.m.


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Kildonan—St. Paul Manitoba

Liberal

MaryAnn Mihychuk LiberalMinister of Employment