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 26th, 2016 / 1:50 p.m.
See context

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 / 2 p.m.
See context

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 / 2 p.m.
See context

NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I would like to provide a bit of context for what has been happening over the past few years and what has been confirmed by a number of economic stakeholders. I am referring to the increase in inequality throughout North America and here in Canada in particular.

Inequality continues to grow, and it is becoming increasingly difficult to obtain union certification. There needs to be a balance of power. The current way of doing things is working quite well. There have not been any major complaints.

We therefore need to ensure that when bills are introduced, they are constitutional and they respect privacy. Bill C-377, for example, was a total failure on both counts. I am very proud that my party initiated the fight against these two terrible bills that upset the balance of power and violate workers' rights.

We need strong unions to be able to continue to promote better protection for workers' rights and better access to decent wages. As a result, I am very proud that the Liberals introduced these two measures to repeal these two terrible bills.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 2 p.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is amazing. My colleague from Red Deer—Lacombe asked a very important and simple question, then we had a response that just completely ignored the question, as if it had never been asked.

Maybe I will try again, as the member perhaps did not hear. Given that members of the House of Commons are elected through a secret ballot, given that elections occur at every level via secret ballot, does the member not believe it is sensible that working men and women who are considering certification of union have the same rights in that context as everyone else has?

Canada Labour CodeGovernment Orders

February 26th, 2016 / 2:05 p.m.
See context

NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I will answer the question my hon. colleague asked earlier, namely whether I was prepared to go door-to-door in my riding. I will keep going door-to-door and not just during the next election campaign. I will go door-to-door in the coming months because it is very important to hear what our constituents have to say.

When I knock on doors and I welcome workers at home, they all tell me that these two bills are harmful to workers and the fight against inequality, and that they put up roadblocks to improving conditions for the middle class, while preventing people from joining the middle class.

I will very proudly go knocking on doors again to see my constituents and tell them that we worked very hard to ensure that these two bills were repealed. Again, I congratulate the Liberals for the work they have done on this.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 2:05 p.m.
See context

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, we have certainly heard a lot of questions from the Conservative side about Bill C-525 and how we are not supporting secret ballots and all that, but what I do not hear from that side of House is discussion of Bill C-377. In my mind that was the more onerous piece of legislation. The way it tied up unions in knots, it really did seek to kneecap them and their ability to organize workers.

I would like to hear my hon. colleague's comments on that particular piece of legislation and how it was a direct attack on the labour movement.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 2:05 p.m.
See context

NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I thank my hon. colleague for his question.

I would like to say that I received a lot of mail and email when Bill C-377 was introduced. People told me what a terrible bill it was and said that it violated not only privacy, but also constitutional rights, in several ways.

That is why we are so proud of what is happening. I want to reiterate this because I know that my hon. colleague from Rosemont—La Petite-Patrie did excellent work not only in committee, but also in consulting people across Canada. He fought very hard and represented the rights of workers everywhere. We are very pleased that our work is paying off. That is really something we want to emphasize again.

Congratulations to the Liberals for recognizing the importance of repealing these two bills.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 2:05 p.m.
See context

Conservative

The Deputy Speaker Conservative 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 / 2:05 p.m.
See context

Liberal

Ginette Petitpas Taylor Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I believe if you were to seek it, I am sure you would find consent to see the clock at 2:30 p.m.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 2:05 p.m.
See context

Conservative

The Deputy Speaker Conservative Bruce Stanton

Is that agreed?

Canada Labour CodeGovernment Orders

February 26th, 2016 / 2:05 p.m.
See context

Some hon. members

Agreed.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 2:05 p.m.
See context

Conservative

The Deputy Speaker Conservative Bruce Stanton

Accordingly, the House stands adjourned until Monday, March 7 at 11 a.m. pursuant to Standing Orders 28(2) and 24(1).

(The House adjourned at 2:08 p.m.)

The House resumed from February 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 second time and referred to a committee, and of the amendment.

Canada Labour CodeGovernment Orders

March 7th, 2016 / 7 p.m.
See context

Liberal

The Speaker Liberal Geoff Regan

The next question is on the amendment to the motion of the second reading of Bill C-4.

(The House divided on the amendment, which was negatived on the following division:)

Vote #16