An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act

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

Sponsor

MaryAnn Mihychuk  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to restore the procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015.
It also amends the Income Tax Act to remove from that Act the requirement that labour organizations and labour trusts provide annually to the Minister of National Revenue certain information returns containing specific information that would be made available to the public.

Elsewhere

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

Votes

May 17, 2017 Passed Motion respecting Senate amendments to Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act
May 17, 2017 Passed Time allocation for Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act
Oct. 19, 2016 Passed That the Bill be now read a third time and do pass.
Oct. 18, 2016 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, be not now read a third time, but be referred back to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities for the purpose of reconsidering clauses 5 to 11 with a view to preserving provisions of the existing law which stipulate that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority.”.
March 7, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.
March 7, 2016 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, since the bill violates a fundamental principle of democracy by abolishing the provision that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority.”.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:10 p.m.
See context

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. Where 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 / 4:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Questions and comments. The hon. member for Hochelaga on a point of order.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:30 p.m.
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NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Madam Speaker, I would like verification that the person who seconded the motion was in his seat. Those are the rules.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I will answer the question that was just asked.

The person who moved the motion was present, but was not in his seat. In the meantime, I will check the Standing Orders before making my final decision. The person was in the chamber. The members heard the motion. I will determine whether the Standing Orders apply only to a vote or also when a motion is moved.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:30 p.m.
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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I rise on a point of order. I was not sitting in my seat when you sat down, but I did move to my seat. When you started to read the motion, I was in my seat.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

As I indicated, I will take this under review and will get back to the House.

Before I ask for questions and comments, I do want to remind members that when they are speaking, to try to avoid touching the mic out of respect for the people who are translating. If members could please try to restrain themselves from hitting their desks while they are speaking because it interrupts the ability to translate properly. Keep in mind also that if you are speaking very fast, it also affects the viewers at home who are listening.

Questions and comments, the hon. member for Cape Breton—Canso.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:35 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 commend my colleague from Louis-Saint-Laurent for his speech. I know he is new to this chamber, but he is certainly not new to politics. His approach to speaking in the House, obviously he is eloquent, articulate, passionate, and is very much able to put forward an argument no matter how weak the position of his party is. Although it was entertaining too.

The House is about debate, but we want to get to the essence and I know that my colleague from Louis-Saint-Laurent would want the record clarified on one aspect, and then I want to make another comment and ask a question.

He referred to the fact that the legislation has not been challenged and he would want to know that the Alberta Union of Public Employees has launched a challenge to the Alberta Court of Queen's Bench on the particular legislation, so I know he would want that cleared up for the record.

The comment about banging the desk is because we were pretty animated talking about the big union henchmen and this is something that the Conservative government did in the last Parliament. Conservatives tried to villainize organized labour. Every reference to organized labour was about the big union bosses.

When the member for Red Deer—Lacombe introduced this legislation, he talked about the mountain of grievances against big union bosses. Through testimony we asked the president of the Labour Relations Council, “How many grievances were filed against big union bosses over the last 10 years? The answer was two. There were four against companies, but two against organized labour.

Does he see that as a mountain of grievances? Is that the mountain?

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:35 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I thank my colleague for his kind words. I also noticed his combative style last time. I salute him and all my colleagues. I would like to offer my sincere apologies to the interpreters, because I know that their work is extremely difficult. When I listen to myself, I notice that I speak somewhat quickly, and I will try to correct that. I have tried to do that, but as the saying goes, a leopard cannot change its spots.

I will be very concerned with that. Sorry for sometimes knocking and that stuff. I did that at the National Assembly, too, and I was told to be quiet.

I would like to thank my colleague for informing me of what is happening in Alberta. I did not know that, and I thank him for setting the record straight. Facts are facts.

However, could the member tell me who illegally gave hundreds of dollars to the Liberal Party in the last election campaign? Who was found guilty of illegal financing? Was it not a union?

We are not against unions. However, as we have always said and as we will continue to repeat, we are first and foremost thinking of the humble union members who work and pay their union dues. We are against the big union bosses who, without consulting their members, spent millions of dollars before the election campaign, circumventing all the responsibilities and the balance prescribed by the Canada Elections Act.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:35 p.m.
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NDP

Tracey Ramsey NDP Essex, ON

Madam Speaker, I would like to remind the member that there are also women and mothers who are heads of families, who are union members as well, not just men providing for their families.

The member mentioned union bosses spending millions of dollars without consulting Canadians. I am not sure that the member has ever been a member of a union, but as a 20-year union member, I can assure him that Canadian social democratic unions all have fair democratic processes in place to vote on the direction of their funds. From a local union hall where we vote on spending to our national forums and councils, all decisions are accountable and transparent to our membership.

Organizers of all unions have the right to engage with workers. The overwhelming majority of organizing takes place when the employees call the union because they are suffering under unfair employers.

The member mentioned horror stories. The only horror stories I hear are those of unfair employers exploiting Canadian workers.

Will the member not agree that this was nothing more than the Conservatives' attempt to help the CFIB and their business allies to put more money in their pockets and remove the rights of Canadian workers?

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:40 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, before I address the substance of the question, I would like to remind members that I mentioned men and women, so yes, I was also talking about mothers who get up in the morning, who work hard, who are required to pay union dues, and who want to get their money's worth.

I have been a union member. I worked for the TQS Network. It shut down seven years ago. It was very tough on all of us. Let me be clear, our union leader worked for us, not for a political purpose. That is the main difference here.

The main difference is that we strongly support unions when it is time to work for the people, for the workers. That is exactly what my union did seven years ago and I praise them. I welcome this kind of question to be clear. We do support unions when they work for union workers instead of political agendas, as they did for the last year against the Conservative Party of Canada.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:40 p.m.
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, I would like to congratulate my colleague on an excellent speech. I appreciate his passion for this.

I was very pleased to have Bill C-525 passed. It is not very often we see a private member's bill passed. It is something I thought was going to be a hallmark of change in this country when it came to establishing democracy and democratic rights.

I, too, have been a member of a union. I have also been part of collective bargaining on the other side, sitting across the table. I know exactly who the union leaders are looking out for in these negotiations. In not all cases is it in the best interests of the workers they claim to represent.

My questions for my hon. friend who gave this speech are based on the information we have on the polling information that was conducted. Is there any clear indication as to whether or not actual union workers support the notion of having a mandatory secret ballot?

Second, could the member edify the House on why he thinks, after nine years of Conservative government, a private member's bill was passed?

Third, why, all of a sudden, is one of the first things the Liberal government does is make a move to remove democracy and accountability in this House with one of its first bills?

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:40 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I want to thank my hon. colleague for his question, but first and foremost for the job he has done for democracy in this country with Bill C-525.

Yes, some polls were conducted a few years ago about this issue, in 2013 Leger Marketing in Quebec and also by Nanos in 2011. What was the support for that kind of bill, that kind of democracy? It was 84% and 86%. How many members here have been elected with that score? No one. I could only dream of that. I would have been proud to have had that result. Je ne fais pas pitié. I got 51% and a majority of 19,000 votes.

On the other aspect, it is quite important to recognize that the first bill the Conservative government put forward was the clarity bill, the transparency and accountability bill. Throughout the campaign, the Liberals said they want transparency and all that stuff. What was their first bill? A direct attack on democracy, accountability, and also transparency. Shame on them.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:40 p.m.
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Liberal

Bob Nault Liberal Kenora, ON

Madam Speaker, I appreciate the member's comments, even though, to some extent, I cannot understand what he is trying to accomplish.

I will ask a simple question. If there are problems with labour and employee relations, could he explain to the House exactly what they are? Before these bills were presented, I did not see any major issues in the relationship between unions and employers in this country, so I wonder what the motivation would be for the previous government to present the bills that it did.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:45 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, it is obvious. The purpose of the bills was to strengthen unions' moral authority.

It always pays to have more democracy, more accountability, and more transparency. Making a vote secret improves credibility.

We know what we are talking about. We were all elected by secret ballot.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 4:45 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Terrebonne, Intergovernmental Relations; and the hon. member for Elmwood—Transcona, Canada Post.