Bill C-5 (Historical)

An Act to repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1

This enactment repeals Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1, which authorizes the Treasury Board to establish and modify, despite the Public Service Labour Relations Act, terms and conditions of employment related to the sick leave of employees who are employed in the core public administration.

Federal Public Sector Labour Relations Act

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, I welcome this occasion to rise in support of Bill C-62.

I wish to note I will be splitting my time with my friend and colleague, the hon. member for Winnipeg North.

The bill would repeal collective bargaining changes for the public service passed in 2013.

It would also repeal legislation that would have allowed a government to override the collective bargaining process and unilaterally impose a short-term disability plan. Bill C-62 does this by combining Bills C-5 and C-34.

It is important to note that combining these two bills would make no substantive changes compared to the earlier bills. It would simply incorporate the adjustments necessary to combine proposals regarding sick leave, collective bargaining, and essential services for the federal public service into one piece of legislation moving forward.

I will begin with the contentious changes made in 2013.

Previously, bargaining agents had a say in determining which services were declared essential. However, the 2013 legislation took this away and put the right to determine essential services exclusively in the hands of the employer.

In addition, bargaining agents were no longer given the chance to determine which dispute resolution process they wished to use should the parties reach an impasse in bargaining. Instead, conciliation or strike was established as a default dispute resolution mechanism.

Moreover, arbitration boards and other labour bodies were required to give more weight to some factors over others when setting or recommending appropriate levels of compensation for public servants. These and other changes were made without consultation with our public sector partners.

The government does not support such an approach. We believe that the right of collective bargaining is vital to protecting the rights of Canadian workers, and we believe that effective collective bargaining involves discussion, negotiation, and compromise.

We must not roll back the fundamental labour rights that unions have worked so hard to secure. Instead, we need to ensure that workers are free to organize, bargain collectively in good faith, and work in safe environments. To that end, in January 2016, the Minister of Employment, Workforce Development and Labour introduced legislation to repeal Bills C-377 and C-525.

The legislation would remove provisions that make it harder for unions to be certified and easier for them to be decertified. It would also amend 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 includes information on non-labour activities that are then made available to the public.

As hon. members are well aware, legislation is already in place to ensure that unions make financial information available and are accountable to their members.

Section 110 of the Canada Labour Code 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 the latest in a series of actions the government has taken to demonstrate its commitment to bargaining in good faith with public service bargaining agents. It fulfills a commitment we made to repeal legislation that had provided the government with the authority to establish and modify terms and conditions of employment related to the sick leave of employees, to establish a short-term disability plan outside collective bargaining, and to modify long-term disability programs in the core public administration. It would also restore the labour relations regime that existed prior to 2013.

It also supports collaborative management-union relations. Unions play a vital role in protecting workers' rights and growing the middle class, and we respect unions and the members they represent.

In the case of the federal public service, I am talking about the people who protect the health of Canadians by inspecting our food to make sure it is safe for us to eat. I am talking about the people who ensure that Canadians have access to safe and effective health products by monitoring everything from medical devices to prescription medications. It is public service employees across this country who administer income support programs, such as old age security benefits, that provide Canadian seniors with an important source of income.

Our public service employees come from all walks of life. They have an incredible range of expertise and experience that the government relies on to provide services to Canadians across the country and around the world.

If we truly respect our public service employees, we cannot support an approach that disregards or fails to respect the right to bargain collectively.

We want public service employees to be proud of the work they do. We want the public service to be a place that attracts our best and brightest minds.

We need to think about college and university students. We want them to see the public service not only as the perfect place to launch their careers, but also as the perfect place to build a country. All they have to do is look at the amazing things public servants are doing.

Recently, public servants supported the government's goal of helping Canadians achieve a safe, secure, and dignified retirement by working co-operatively with their provincial and territorial counterparts so that Canada's finance ministers could strengthen the Canada pension plan, yes, the enhanced Canada pension plan.

In 2016, they answered the call to help their fellow citizens displaced by the Fort McMurray wildfires.

They worked tirelessly to integrate tens of thousands of Syrian refugees into Canadian society.

When we encourage federal employees to give fearless advice, when we trust them to make responsible decisions, and when we respect them for their skill and expertise, these are the kinds of results that are possible.

Bill C-62 is strong proof of our commitment to restore a culture of respect for and within the public service.

I urge all members who believe in the principles of fairness and respect to join us in supporting Bill C-62.

[Brigitte Sansoucy, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I am happy to rise today to speak to Bill C-62, which addresses a key issue for all those who believe in democracy.

The NDP has always defended workers’ rights and the rights of all Canadians in order to ensure that no one is left behind. That is why we believe it is important to continue playing an active role in this debate. Unions are the machinery that make democracy work. They took part in every struggle and are constantly coming up with innovative ideas. They have given workers a voice and a measure of power. I applaud their work and their unwavering dedication, and I want Canada to remain an egalitarian society.

Unfortunately, in the past decade, we have neglected our public servants, violated their rights, and subjected them to dramatic cutbacks and restrictive legislative measures. Today, thousands of employees are still not being paid properly because of Phoenix. Once again, as always, the NDP stood by Canada’s public servants and their unions throughout the process. The NDP would like to see public servants and the government enjoy a relationship based on responsibility, trust, and respect, today and in the future. That is why we are proposing concrete measures to reinstate a healthy working climate and a relationship of trust in the public service.

Among other things, we propose protecting whistle-blowers; granting powers to the Public Sector Integrity Commissioner of Canada; adopting a code of conduct for departmental staff; and restricting the growing use of temporary employment agencies to the detriment of permanent employees.

We are as determined as ever to pursue these important goals. It is not a question of modifying a few policies here and there. We need a real change in attitude. The NDP will continue to demand that the government re-establish a free and fair collective bargaining process in the public service, and that it safeguard acquired protections and rights.

On October 17, 2016, the government introduced Bill C-62, which we are discussing today. Yes, I said 2016. The bill is more than welcome. It is aimed at re-establishing fair framework legislation for labour relations in the public service, and it is raising a lot of expectations. In December 2013, the Federal Public Sector Labour Relations Act was amended to eliminate the procedures for the choice of process of dispute resolution, including those involving essential services. The NDP vigorously opposed these amendments, which the Liberals are now looking at.

In our 2015 platform, we promised Canadians that we would defend the interests of public sector workers.

It is because of this promise, which we intend to keep, that we are supporting Bill C-62 today. The bill repeals various sections of the two profoundly anti-union legislative measures adopted by the former government, namely Bill C-59 and Bill C-4. The Harper government’s first legislative measure attacked by Bill C-62is the former Bill C-59, in particular section 20. The bill unilaterally imposed an inferior system for the management of disability and sick leave on public servants, which was an unjustified and major attack on the rights of public service workers.

That bill also abolished employees' right to good faith bargaining, taking sick leave out of federal public sector collective agreements so that the employer could unilaterally modify that leave outside the bargaining process.

One of the key provisions of current public sector collective agreements relates to sick leave. It gives full-time employees 15 days of leave per year to be used in case of accident or illness.

The Conservatives' Bill C-59 also took away accumulated unused sick leave days and imposed a short-term disability plan on public service employees. To make matters worse, the Conservatives introduced a seven-day unpaid waiting period before employees would receive their short-term disability benefits.

This is unacceptable. The previous government had the nerve to claim that these measures would save $900 million, despite overwhelming evidence to the contrary.

According to a 2014 report by the parliamentary budget officer:

...the incremental cost of paid sick leave was not fiscally material and did not represent material costs for departments in the CPA.

The quotation speaks for itself. It means that most employees who are on sick leave are not replaced, resulting in no incremental cost to departments.

The parliamentary budget officer confirmed that public service employees use sick days at about the same rate as private sector employees. An average of 11.52 days were used in the public sector, compared to 11.3 in the private sector. A difference of 0.2 days is pretty minor.

Division 20 of part 3 of Bill C-59 also authorized the Treasury Board of Canada to nullify terms and conditions in existing collective agreements. It gave the employer the authority to override many provisions of the Public Service Labour Relations Act, including the statutory freeze provisions that maintain the status quo during the collective bargaining process.

Members may be surprised by what I am about to say. Under the provisions of Bill C-59, employees would be forced to choose between reporting for work even if they are sick and losing a percentage of the salary they need to survive.

Robyn Benson, the national president of the Public Service Alliance of Canada, denounced these measures. According to PSAC, the sick leave plan for federal public servants is essential, and it must ensure that employees do not have to work when they are sick. That seems obvious to me, and I agree with PSAC.

I worked as a manager in various government and community organizations for 25 years. I managed a number of teams and a hundred or so employees. As a manager and as a member of Parliament, I believe that it is totally ineffective to make employees report for work when they are sick. It is even worse to cut employees’ sick days by more than half.

The second legislative measure of the Harper government addressed by Bill C-62 is former Bill C-4, in particular section 17, which radically changes the collective bargaining rules in the public service by giving the government full control over union rights, such as the right to strike and the right to arbitration. Bill C-4 takes away bargaining agents’ right to choose arbitration as a means of resolving collective bargaining disputes, making conciliation the default process. However, arbitration is a valid solution in situations where members want to avoid a strike, and the right to arbitration should therefore be maintained.

Section 17 of Bill C-4 also undermines the right to strike by making it illegal to strike if at least 80% of the positions in a bargaining unit provide essential services, as defined by the employer. Under Bill C-4, it is up to the government to designate which positions are essential, rather than working with the bargaining agent to negotiate an agreement on essential services.

This same section 17 infringed on workers rights in cases where the employer consents to arbitration by requiring adjudicators to give priority to Canada's financial situation in relation to its budgetary policies.

Discrimination complaints filed by public servants to the Canadian Human Rights Commission were simply erased. These measures are unacceptable.

That is why it is time to take action. This sets aside or amends changes that were made to four statutes during the last lost decade when the Conservative government violated union rights. I am referring to the Federal Public Sector Labour Relations Act, the Public Sector Equitable Compensation Act, the Canadian Human Rights Act, and the Public Service Employment Act.

The NDP always made a point of opposing the former Conservative government's attempts to limit union rights, mainly the public sector workers' right to strike.

We are therefore happy to support the government's efforts to undo the Conservative Party's damage and make Canada's public sector labour code equitable once more. The NDP is also happy to support Bill C-62.

We do not support it blindly, however. My job as an opposition MP is to scrutinize the bill and identify elements of it that need fixing. By expressing opposing views, sharing knowledge, and engaging in dialogue, we will come up with ideas to refine this bill and make sure it does everything it is supposed to, and it certainly needs help on that front. That is why I will now take a critical look at the bill's weaknesses.

After all the back and forth on this, Canada's workers deserve an ironclad law that will level the playing field for everyone involved and restore the balance of power. Although Bill C-62 is progress, it is just the first step toward instituting all the measures we want to see.

We should never legislate easy solutions to the problems we face. We have to avoid that. The NDP fought very hard to have the government abolish the previous government's initiative that attacked provisions governing public servants' sick leave. Bill C-62 can do that by repealing Division 20 of former Bill C-59 on sick leave.

Why is the government concurrently working on a new health regime that has short-term disability provisions similar to those proposed by the Conservatives in the past? That is the first reason why Bill C-62 does not allay all of our concerns.

Other points have me wondering. The greatest weakness of Bill C-62 is that it does not reverse all the negative changes made by the former government to our labour legislation. While this bill seeks to restore the rights C-62 stripped from public sector unions under Stephen Harper's tenure, Bill C-62 falls short of addressing some elements of Bills C-4 and C-59. I am referring to Division 5 of Part 3 of Bill C-4.

The Liberal government seems to be taking half-measures in an area where expectations are monumental. If we are to truly do away with the Harper government’s anti-labour legacy, Bill C-62 must do better, first by re-establishing the provisions of the Canada Labour Code respecting Canadians’ right to refuse dangerous work, such as changing the definition of “danger”, now limited in scope to situations of imminent threat.

We are also concerned about another point that Bill C-62 ignores: the removal of health and safety officers from the process of refusing dangerous work. As it stands now, the employer assesses the safety of the work, and the worker must appeal directly to the Minister of Labour. The minister can simply refuse to investigate if he or she deems that the matter is trivial or vexatious, or that the employee’s refusal is in bad faith. This measure implemented by the Harper government should be permanently struck down by Bill C-62.

Lastly, we believe that we should take this opportunity to re-establish a federal minimum wage and to reinstate the Fair Wages and Hours of Labour Act repealed by the Conservatives in 2013.

We also need to advance gender equality in the federal public service. That is why Bill C-62 should include a proactive federal legislative measure on pay equity in order to counter the effect of labour market forces on women’s wages.

The government claims that Bill C-62 demonstrates its commitment to fair collective bargaining for public servants. However, the exclusions to collective bargaining in Bill C-7 show that the Liberals have not always defended fair collective bargaining.

The government must commit to eliminating the exclusions in Bill C-7 in order to respect the right of members of the Royal Canadian Mounted Police to meet and bargain collectively, just as public servants do.

That is why, in light of all the previous explanations, we deplore Bill C-62's lack of ambition. This lack of ambition restricts the scope of a bill that deserves more than what the Liberals are proposing.

Our disappointment appears to be shared by the national president of the Public Service Alliance of Canada. She recently called on the government to do more than simply introduce a bill to correct the Conservative bills aimed at restricting public servants’ bargaining rights.

It is imperative that we continue to work on this bill. We must go much further and take advantage of its full potential. I explained which measures should be retained, which measures need to be taken much further, and which measures should be eliminated. The Liberal government really needs to repeal all of the Conservative measures.

This morning, I heard the President of the Treasury Board mention some lofty principles. If the Liberals wish to follow these principles, they must repeal all of the anti-labour measures the Conservatives introduced. We must take advantage of this opportunity.

We know that this bill was introduced in the fall of 2016, which was quite some time ago. People have very high expectations. The federal public service is dedicated to serving Canadians. We just marked the second anniversary of the problems with the Phoenix pay system. We need to take Bill C-62 as far as we can in order to resolve these problems that we have been grappling with for far too long.

We have amendments to propose. I outlined the measures that we want to implement. I hope that we will all be able to work together so that, when Bill C-62 passes, we can all proudly say that we accomplished our mission and that we implemented proper working conditions for federal public servants, working conditions in which they can feel secure. I hope that we can allay the concerns related to the Phoenix pay system and that public servants will have working conditions that will allow them to do their jobs properly.

We know that front-line work is demanding. That is what everyday life is like in some departments. Those employees listen to Canadians who are in difficult situations and who come to them for help or to get the their file sorted out. We are therefore asking federal public servants to do very demanding work.

Here, we pass bills. The next step is to implement them. We need to make sure that public servants feel that we parliamentarians here in the House are collaborating to provide them with the working conditions they need to do their job properly.

Budgetary considerations have been mentioned. All elected officials, at all levels of government, always need to ensure their decisions stay within budget. As I explained, a number of measures cost nothing. As we know, employees who are off sick are not even replaced, so their sick leave does not cost us anything.

For this reason, we are eager to collaborate in perfecting and completing this bill, which will officially reverse the anti-union measures of the past.

Bills C-5 and C-34 have been languishing on the Order Paper since they were tabled by this government. We hope that merging them with Bill C-62 is a sign that the government is finally ready to move forward.

That is why I want to make an appeal, an appeal to set partisanship aside and implement an infallible law that genuinely protects the rights of all workers, an appeal for teamwork and collaboration to make sure the proposed amendments I have presented here can be considered and approved.

[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.

[Scott Brison, Liberal, President 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.

Public Safety

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I am thankful for the opportunity to address the view expressed by my hon. colleague that the government has been unfair in its contract negotiations with Canada's border guards.

Border Services officers and other peace officers in Canada have our government's utmost respect for the work they do and the service they provide to Canadians every day.

I understand his concerns about these public servants. Members will no doubt recall that, shortly after the current government took office, the President of the Treasury Board contacted public service unions and promised to bargain fairly with them. We never reneged on that commitment. As result, we have reached 19 agreements with the bargaining agents that represent over 95% of public servants employed by Treasury Board.

This is strong proof of our commitment to negotiate in good faith and reach agreements that are fair and balanced. In December 2016, we concluded our first of four tentative agreements with the Professional Institute of the Public Service of Canada. Since then we have reached 15 more agreements with a number of other bargaining agents, including settlements with four of the five bargaining groups in the core public administration represented by the Public Service Alliance of Canada. This is the very same union that represents the border guards.

We are determined to reach agreements with the other bargaining units by negotiating respectfully and in good faith. As an expression of our good faith, the government has also introduced a number of initiatives to repeal laws that were seen as anti-union.

We have already repealed two laws, Bill C-377 and Bill C-525, related to the financial disclosure processes of unions and their certification. These bills were repealed as they had not been formulated in accordance with the principles of consultation. Furthermore, we introduced legislation, Bill C-5, to repeal the controversial legislation that gave the government the authority to unilaterally override the collective bargaining process and impose a new sick leave system; and again, on November 28, the government introduced another piece of legislation, Bill C-34, to repeal changes made to the Public Service Labour Relations Act in 2013.

These changes gave the employer the unilateral right to designate essential services and took away the unions' right to resort to third party dispute resolution. We have a solid track record when it comes to bargaining in good faith, which clearly shows our desire to achieve responsible outcomes for all parties.

With respect to the border services' bargaining unit of the Public Service Alliance of Canada, we were disappointed that we were not able to reach agreements through mediated negotiations, but we do remain open to continuing negotiations and to reaching an agreement that is fair and reasonable for these very important employees of Canada and Canadians.

Economic Action Plan 2015 Act, No. 1

[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.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is with pleasure that I rise today to talk to this particular bill, because labour legislation is not new to me. When I was first elected as a parliamentarian back in 1988, some of the most controversial pieces of legislation that we debated, with the possible exception of the Meech Lake constitutional reform package, was labour legislation, and the final offer selection in particular. I have a little bit of experience that I would like to share with the House and maybe give a different perspective on that.

First, I would like to acknowledge that we have seen a change in attitude toward labour and management, and the importance of having the freedom of collective bargaining and so forth. We have seen it right from the Prime Minister's Office and in the speech by the President of the Treasury Board and the comments by the Parliamentary Secretary to the President of the Treasury Board on the public service.

I think it is very important that we recognize that our government wants to promote harmony and a better way of dealing with Canada's public service, and not only for our public service but also to encourage that same sort of goodwill and bargaining process even in the private sector, where we can carry some influence.

In my earlier question to the President of the Treasury Board about the importance of Canada's civil service overall, I referred to the perception of our civil service that goes far beyond the borders of Canada.

I have had the good opportunity, as I know many members have, to travel and meet politicians and bureaucrats abroad. They often cite Canada for the type of leadership we have provided and look to the professionalism of our civil servants. We often get groups from different levels of government from all around the world coming to Canada to get a better understanding of our system. I believe that is because of the fine work that our civil servants, thousands strong, perform day in and day out in providing a wide spectrum of services to all Canadians. I think we should all take immense pride in just how professional our civil service is and realize that it is not only recognized within Canada but also far beyond our borders.

I started by commenting on my experience. I have witnessed over the years that labour legislation issues are used as political fodder. I remember back in 1988 when we had a change in government in Manitoba, from the NDP administration of Howard Pawley to the Progressive Conservatives of Gary Filmon. The first thing on his agenda was to repeal what they called “final offer selection”. Final offer selection was widely respected and accepted by both the private and public sectors as a positive change to the labour laws in the province of Manitoba—but yes, it could have used some modification. The Conservatives at the time were determined to get rid of the legislation. They had no room whatsoever to accept the legislation. They made it very clear when they were in opposition that they would repeal it. To them it was one of those wedge issues.

It was an interesting debate that took place, and I say this because as we get into the discussions on Bill C-5, that is really what the bill is doing: it is rectifying some problems from the previous government. Indeed, I witnessed in committee a government that was determined not to improve legislation or the law, but rather to fulfill a political desire based, I would suggest, on a wedge issue.

We sat in committees until 2 o'clock or 3 o'clock in the morning for endless presentations, and so forth, and ultimately the Liberal caucus at the time proposed a series of amendments. If the amendments had passed, ultimately the final offer selection would have remained in the province of Manitoba. We had support from both labour and management.

At the time, it was a minority situation, and unfortunately, the New Democrats and the Conservatives chose to defeat the amendments, choosing, in particular with the New Democrats, to kill final offer selection as opposed to saving it and, ultimately, I would have argued, improving it.

Why do I say that? When I look at the number of pieces of labour legislation that we have before us, there are a few thoughts that come to mind. One of them is with respect to a private member's bill that is being brought forward. That private member's bill is being sponsored by the New Democratic Party. It is a bill that I would encourage members not to support as it proposes anti-scab legislation. I remember that legislation when it was being talked about in the province of Manitoba. The NDP members said no, they did not want—

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Madam Speaker, I am pleased to have this opportunity to speak today in support of the government's Bill C-5, one of a number of actions that the government has taken to restore the trust and confidence in our collective bargaining system in our country.

The bill goes to the heart of what we, as a government, believe in, which is collaborative, constructive relations with bargaining agents. It is a bill that highlights our belief that a balanced system of labour relations is the best one in a fair democracy.

This bill will repeal Division 20 of Bill C-59, passed in 2015.

Bill C-59 was the last omnibus budget bill introduced by the former government. It gave the government the power to circumvent the collective bargaining process and to unilaterally impose a new sick leave regime on public servants.

To be more precise, it gave the Treasury Board the legal authority to do the following in the core public administration: first, establish and modify the terms and conditions of employment related to the sick leave of employees despite the content of the Public Service Labour Relations Act that was negotiated in good faith in bargaining agreements; second, establish a short-term disability plan; and third, modify the long-term disability programs.

In other words, it gave the government the authority to ignore the existing Public Service Labour Relations Act in order to put in place a new sick leave and short-term disability program without the support or agreement of the bargaining agents representing public service employees. That is what we have been speaking about in this debate. It serves to undermine the good faith that government needs to earn in its bargaining with its public servants and their representatives.

As members may know, the Public Service Labour Relations Act was initially passed in 1967 to give public servants the right to unionize and to negotiate collective agreements.

It is vital that the parties work collaboratively and that the ability of the public service to serve and to protect the government be enhanced. That is obvious.

Bill C-59 sought to give the government the power to unilaterally impose a short-term disability plan if an agreement was not reached.

Unilateral measures are not collaborative measures. They do not foster good will or respect.

That is why we objected to these measures when they were introduced, and that is why we are here today repealing the legislation tabled by the previous government.

Federal employees are Canadians like us, who, each and every time they come to work, do so in service to Canada and Canadians, with the goal of improving or protecting the lives of their fellow citizens. They are the people who protect the integrity of our ecosystems by collecting the data and science that is needed to make the decisions, the people who issue our passports when we travel, who inspect high-risk foreign vehicles to ensure our ports stay safe and our waters clean, who work in the local post office, who ensure the safety of our food and the security of our borders.

However, in the past decade, a good number of fundamental labour rights that were hard won by workers and unions have been rolled back.

We need only look at Bill C-377 and Bill C-525, which make union certification more difficult and decertification easier, and which would require unions to comply with demanding requirements for financial reporting.

These bills were passed without the usual consultation of employer, union and government when labour relations legislation is amended.

These are some of the measures the members opposite have been speaking about that we are committed to repealing.

The previous government did not follow the negotiation process and made it much more difficult for unions and employers to bargain collectively in good faith and work collaboratively in the interest of Canadians. In contrast, we believe in negotiations to achieve settlements that are both fair for public servants and for taxpayers. Threatening bargaining agents through a bill is not a basis for constructive negotiations.

We started by introducing a bill to repeal Bill C-377. That bill created unnecessary red tape for unions, requiring them to submit detailed financial information to the Canada Revenue Agency, including on non-labour relations activities. We also introduced legislation to repeal Bill C-525, which made it more difficult for employees to organize and negotiate collective agreements.

The President of the Treasury Board also committed to repealing the unfavourable provisions of Bill C-4, another omnibus budget bill passed in 2013, which sought to limit the ability of unions to represent their employees.

These are the important measures we have taken to restore fairness and balance in Canada's labour laws.

Let me sum up our responsible reasons for introducing Bill C-5. The bill would repeal the law that gives the government the power to unilaterally impose a new sick leave system on federal employees without collaboration or consultation.

During the election campaign, we committed to restoring fair and balanced labour legislation that recognizes the important role of unions in Canada.

We respect the collective bargaining process and we will bargain in good faith. We will work to negotiate collective agreements that are fair and reasonable for both public service employees and Canadians.

We want to restore balance, so that neither the employer, who represents the public, nor the union, which bargains for employees, has an unfair advantage in labour negotiations.

That is the system that best serves a just society. That is the system that will attract young millennials into our public service. That is the system in which we all exercise our responsibilities to ourselves, our communities, and to others. That is the system that best serves Canadians.

[Kevin Lamoureux, Liberal, Parliamentary 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.

[Tracey Ramsey, NDP, Essex, ON]

Madam Speaker, I would like to thank my hon. colleague, the labour critic in the NDP, for her fantastic speech and critique of where the government could potentially be going for working people in Canada. As a union member for 20 years, I know there is nothing more fundamentally important than the right to collectively bargain and the right to strike. Unfortunately, we do not see this being addressed in Bill C-5.

When we look at former Bill C-4, it is a direct threat to collective bargaining rights and the right to strike. Unions such as PSAC, PIPSC, and CAPE recognize this importance. It is the foundation of their ability to protect their rights in the workplace. We need to move collective bargaining back to where it was before the Conservative Harper government created Bill C-4 and essentially took that right away.

Could my hon. colleague give us her thoughts on why the government is not recognizing this and moving immediately to restore free and fair collective bargaining for public service workers in this country?

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Madam Speaker, I want to thank the member for Saskatoon West for her remarks and for her support for Bill C-5, which we are discussing today. I can assure the member that the Liberal government is committed to restoring a fair and balanced approach to labour relations, and ultimately, to building a strong, robust economy. It is important to have a positive relationship with labour and civil servants, both for moral and equity reasons, and also to accomplish the objectives of the government, which is to build our economy and improve the lot of the middle class.

Bill C-5 is a step, but it does not end there. I want to assure the member that this government is committed to repealing other hurtful legislation and will do so this fall.

In talking about the positive aspects of restoring a culture of respect for and within the public service and the sense of value that the government has in the unions and civil servants as a force for positive change, how does the member see the kind of change that this government has committed to through repealing Bill C-59 and other hurtful legislation helping to attract millennials and the younger workforce into the civil service, to bring their talents and bright ideas to the big challenges, some of which she named, such as climate change and health care, and to provide the services that Canadians depend on?

[Sheri Benson, NDP, Saskatoon West, SK]

Madam Speaker, it is a pleasure to talk today about this important issue. Bill C-5 is one step on a long road to recovery for Canadian public service workers, and more generally, for the rights of all Canadian workers.

The previous government's concerted assault on the rights of Canada's public service workers, on the value of the important services they provided, and by extension, on the rights of every hard-working Canadian have really negatively impacted our ability to attract new talent to the public sector and has seriously deteriorated the services the Canadian government is able to deliver to all Canadians. The result is costly. It is costly to the economy, to the Canadian way of life, and to the well-being of public servants, plus it creates gaping holes in our social fabric, which sadly means that particular segments of the Canadian population are left behind or are underserved.

The previous government's Bill C-4 showed little regard for basic business principles, willful ignorance of common and elementary knowledge about sickness in workplaces, and zero concern for the well-being of other people. In this day and age, there is no good reason to demand that a person go to work sick.

The previous government's trampling of workers' rights was shortsighted and unwarranted and has left a negative impact on the public sector and the Canadian way of life. Repealing the bill is obviously the right thing to do, but we can do better.

My NDP colleagues and I ask the current government to continue to stand up for workers' rights and to immediately repeal the previous government's Bill C-4, which interferes with free collective bargaining, infringes upon workers' rights to a safe work environment, and restricts the right to strike. The government should move immediately to repeal each section of this bill that undermines the constitutional rights of public service employees.

Under the previous government, we witnessed a major dismantling of important public sector departments. This made many Canadians uncomfortable, so uncomfortable, in fact, that some even wrote songs about it, which is partly why we have a new party in power today.

Many of these public sector departments provide the information, research, and analysis necessary for a government to make informed decisions. Being informed when making any decision is a key factor in making good decisions, whether that decision conforms to preconceived ideas or not.

Dr. Peter Wells, a former public servant and environmental scientist, said in an interview with the National Observer that the previous government was quite “simply anti-science, anti-evidence, and anti-informed policy and decision-making.... More than 2,000 positions and people were lost, many in my field [of environmental science], resulting in a loss of a generation of skills, knowledge, and capacity that were there to serve the public”.

“There to serve the public” is the important part here. It is there to serve the public good, not the good of a single political party or the agenda of a small group of ideologues. The public service is essential to a functioning democracy. They ensure that we live under the best conditions with the best resources and the best information available anywhere in the world. The health of our public sector plays a crucial role in whether we lead the world or fall behind. The public sector is essential to every Canadian's well-being and safety. In short, the public sector deserves respect, and public sector employees should be treated with respect.

Canadians want a Canada that trusts its public servants, because frankly, our public service workers are not the enemy. Canadians trust their public servants to show up to work every day and to diligently serve Canadians in what are often highly challenging and demanding situations. Canadians also understand that these same public servants should not show up to work sick. Passing on illnesses to co-workers and taking longer to get better only reduces productivity.

Trust is key in any healthy relationship. The Government of Canada is not a babysitter and should not babysit the people it is elected to serve. That is not the role of government. A government should trust the people who elected them, because unless we have forgotten, many of these people are our neighbours. Despite our many differences, we must respect our neighbours' right to freedom of speech, to health and well-being, and to a safe workplace. We must respect our neighbours' right to make their own decisions, to learn, and to have the space and resources to grow, because every single Canadian benefits when each of us has the opportunity to prove our potential.

Governments should provide leadership and vision, not micromanage public servants and certainly not abolish rights that will endanger the safety and well-being of public servants and ultimately the people they serve.

Moreover, our government should be working to build, not destroy. A government should protect and not harm. A government should not steal rights but respect them and provide opportunities for exercising those rights. That same government should also trust public sector workers to carry out the important work necessary to maintain the daily operations of the Canadian government.

Every day, thousands of our neighbours go to work to ensure that our food and borders are safe, that our pension cheques are delivered, and that the best of Canada is represented abroad. All of these workers make us proud, and our government should reflect that.

With any system, there is potential for abuse of that system by its users. There is always someone who will try to manipulate situations to their own perceived advantage, often at a cost to everyone else. That can be said of many systems. It can be said of governments, government services, and even representatives of governments themselves. However, like using a sledgehammer to crack a nut, the previous Bill C-4 of the previous government declares everyone guilty until proven innocent, and, in the process, smashes the entire structure to pieces so that little usable remains.

Moreover, a parliamentary budget officer report from July 2014, requested by the former member for Ottawa Centre, shows that the previous president of the Treasury Board and the justification for this poorly though-out bill misrepresented the level of sick leave taken by civil servants. It clearly shows that the use of sick leave in the federal civil service imposes no significant cost on the government or taxpayers.

The PBO report states:

the incremental cost of paid sick leave was not fiscally material and did not represent material costs for departments in the [core public administration].

That means that most employees who call in sick are not replaced, resulting in no incremental cost for departments.

Likewise, and this is important, the PBO also confirmed that the use of sick leave by public servants is in line with the public sector. However, creating a problem where none exists to advance an ideology was the previous government's MO.

The previous government's Bill C-4 does absolutely nothing positive for Canada or Canadians and has paved the way for unenlightened ways of forcing Canadian public servants to go to work sick. Likewise, it sets a precedent that negatively impacts the whole of the Canadian working population.

Organized labour, like any professional association, is designed to look out for the well-being of its members. That is a simple fact. Every similar organization, whether it is a professional association, a chamber of commerce, or a taxpayers federation, does the same. Even pro athletes have their unions. In fact, that is the reason they organize. It to present strength through co-operation, to protect one another's rights, and to fight for more rights.

Organized labour, like other professional organizations, has provided leadership in our society. Its members have endured hardship and even ridicule while standing up for better working conditions. Their hard-won gains have benefited all Canadians, and many of these gains are taken for granted by many of us today: weekends, overtime pay, vacation pay, parental leave, health and safety regulations, and even sick days.

Creating a standard for all Canadian workers, unionized or not, to be treated with respect has led to all of us having the basic rights of association and freedom of speech and the right to a workplace that is safe. As small as it might seem, organized labour also helped set a precedent that if one is sick, one can stay home and not lose a day's pay or one's job. Despite what the previous government thought, this makes great business sense, and it has become a standard across the country and across sectors.

Today, these benefits are what helps an organization, private or public, attract top talent. It is also what helps keep that talent because measures such as sick leave ensure a modicum of decency between employer and employee, positively influence staffing efficiencies and stability, and express a confident statement regarding the well-being and health of an organization's or business's workforce. Given all the benefits that a happy, healthy workforce brings, it did seem strange that the federal government as an employer chose not to, or did not want to be a leader.

For example, Shift Development, a forward-thinking development company in my riding, pays a living wage to all its workers. Its CEO, Curtis Olson, says he pays all his employees a living wage rather than the minimum wage because he cannot afford not to. He said, “For me, as a business owner, the cost of employee turnover is a huge cost”. Mr. Olson knows the value of and relationship between high employee morale, health and stability, and increased returns from productivity, efficiency, and success. He said, “If I take care of my employees and help meet their financial and lifestyle needs, they’ll take care of the company and the growth of the company”. The Canadian government should learn from our business leaders' successes and start valuing and trusting their employees because without them the government cannot deliver a single service to Canadians.

The previous government's Bill C-4 was unenlightened and primitive. It pushed labour relations and standards back decades and set precedents that were regressive and reached far beyond the confines of the public service sector. It is incomprehensible to many Canadians why the previous government would want to erase rights that took decades and in some cases many generations to earn, rights the Conservatives wiped out in massive undemocratic omnibus swaths and a sweeping ideological mugging of Canadian rights and freedoms. These transgressions were made without consideration for the consequences for the Canadian working person, the economy, or the future Canadian workforce, our children.

Today, we are debating a return of only one of those rights. In the coming days, months, and years no doubt a great deal of time and energy will be lost to rebuilding what was destroyed by the previous government. Thanks to that government, we must move backward in order to move forward. Instead of debating a national living wage, which would increase the health and well-being of our local communities and economies, the previous government left us in the sorry state of debating the reinstatement of sick leave to public servants. If news reports about the current negotiations are accurate, the Liberal government has not lived up to all of its election promises about respecting the public service. It is all very good to promise to negotiate fairly and to bring a renewed respect to its dealings with public service workers, but if they are serving up some of the same offers as the previous government, it is not real change.

I urge the government to keep its promises and not break faith with the public service. It is my hope that the new boss is not the same as the old boss. Let us work to fix what is broken, including a pay system that has left thousands of workers unpaid or underpaid, the full effects of which are not yet to be seen. Let us get this bill passed now and move on to creating and implementing things such as a national housing strategy, which would save Canadians billions of dollars in health care and correctional services costs. Let us work on pressing issues such as quality affordable childcare, improving access to health care, and tackling climate change. Let us focus on improving the lives of families and seniors, and creating brighter futures for our young people. I know for a fact my riding would benefit from discussion on all of these issues, and I am sure my riding is not the only one in the country.

As such, while I support Bill C-5, more needs to be done to restore the numerous and hard-earned rights of Canadian workers, especially those in the public sector.

I urge the government to commit to repealing all the regressive changes made to labour law in the former government's Bill C-4. The previous government's Bill C-4 undermined the constitutional rights of federal public service employees to collective bargaining, including the right to strike. It also offered government negotiators an unfair advantage at the bargaining table. Unions, of course, fought against the changes throughout those legislative processes.

Happily, with collective bargaining about to resume in a new process for several tables of large unions, the government has the opportunity to make a gesture of good faith by committing to repeal provisions of the previous government's Bill C-4 affecting collective bargaining. That would be a start, because there are some seriously questionable aspects of that bill.

In fact, the Public Service Alliance of Canada asked the court to immediately declare that division 20 of Bill C-59, which is part of Bill C-4 of the previous government, is in violation of its members' charter rights because it denied the right of employees to good-faith bargaining by giving the employer the unilateral authority to establish all terms and conditions relating to sick leave, including establishing a short-term disability program, and modifying the existing long-term disability program; it allowed the Treasury Board to unilaterally nullify the terms and conditions in existing collective agreements; and it gave the employer the authority to override many of the provisions of the Public Service Labour Relations Act.

In short, the previous government's Bill C-4 gave the government unbridled authority to designate essential positions. It eliminated the public sector compensation analysis and research functions that had previously allowed the parties at the bargaining table to base wage offers and demands on sound evidence and facts.

The previous Bill C-4 also changed the economic factors that could be considered by a public interest commission or an arbitration board, which placed the employer's interests ahead of its employees and tipped the scales, shamelessly, in the employer's favour.

The NDP has stood with the public service workers and the public sector unions every step of the way, while right after right was stolen from them by the previous government. During and after the last campaign, the NDP proposed a comprehensive suite of reforms that would help ensure that the relationship between public service employees and government is responsible, reliable, and respectful, now and into the future. These measures include protecting whistleblowers, empowering the integrity commissioner, introducing a code of conduct for ministerial staff, and reining in the growing use of temporary work agencies at the expense of permanent jobs. We remain committed to taking these important steps forward.

However, beyond changing specific policies, what is really needed is a change of attitude. Our public service workers have been neglected, undermined, and abused by brutal cuts and restrictive legislation, under both Liberal and Conservative governments and administrations. It is time we revisit our thinking.

What do any of us know about what is possible until we change the way we have been thinking and try a new road, a road that respects the independence of public servants, that respects the important work they do, and that shows that respect by honestly and fairly coming to the bargaining table? The current government must commit to restoring capacity in the public service so that essential services for Canadians can be delivered.

The Liberal government has said it is a friend of labour, both during the election and in government, but sometimes its words and actions do not line up. Its exclusion of such important issues as staffing, deployment, harassment, and discipline from the collective bargaining process for the RCMP staff is one such disappointment.

Another is Bill C-10, which made the layoffs of 2,600 Air Canada and Aveos workers permanent by allowing Air Canada to ship aircraft maintenance jobs out of the country. The Air Canada Public Participation Act required the air carrier to keep heavy maintenance jobs in Montreal, Mississauga, and Winnipeg. In a unanimous ruling, the Quebec Court of Appeal recognized these obligations. However, instead of respecting the court's ruling, the present government decided to side with Air Canada, at the expense of workers.

I hope the government will stop saying one thing and doing another. I believe it is time it makes good on many election promises. I urge the government to make a commitment to repeal the previous government's Bill C-4.

[Scott Brison, Liberal, President of the Treasury Board]

moved that Bill C-5, An Act to repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1, be read the second time and referred to a committee.

Madam Speaker, I am pleased to have this opportunity to engage the House on an important decision the government has made for employees of Canada's public service, their unions and for all Canadians.

The decision is as follows: the government will not use the powers in division 20 of Bill C-59, the Harper regime's anti-union legislation that currently enables the government to bypass negotiations with unions and unilaterally impose a sick leave system for federal employees.

As we have already told all bargaining agents, we will repeal this law.

This decision is in keeping with our government's commitment to bargain in good faith with public sector unions and to look for opportunities to modernize the sick leave and disability management system.

The Conservative government gratuitously disrespected the public service repeatedly. This time it did so when it decided to take the issue of sick leave off the negotiating table and give itself the power to unilaterally implement a plan of its own choosing.

Public servants were justifiably angry. They felt the previous government did not respect them and did not respect the collective bargaining process, and they were right.

From the beginning, our government has been committed to restoring a culture of respect for and within the public service. We have immense respect for our public service and the unions that represent them. We recognize the important roles they play.

During last year's election campaign, our government was clear in its opposition to Bill C-59 and other Harper government anti-union pieces of legislation. We understood that the changes made to the collective bargaining rights in both Bill C-59, division 20, and certain provisions of omnibus budget bill, Bill C-4, were neither fair nor balanced.

We pledged to introduce a bill this fall to restore the public service labour relations regime that was in place before the former government amended the legislation in 2013. In the meantime, we took steps to make current rounds of collective bargaining easier.

When we took power, our goal was to change the tone, to repair the relationship with public service employees, and to cultivate greater collaboration with the unions representing them.

That is because we value the important role that federal employees play as a force of positive change for Canadians. Every day, these public servants work for the sound governance of our country. They promote Canadian values and defend our interests within Canada and around the world. They deliver thousands of high-quality programs and services to Canadians. From operating icebreakers in the high Arctic to inspecting aircraft, from protecting our borders to peacekeeping abroad, from delivering employment insurance to issuing passports, from geologic research in the field to approving drugs for human use, from maintaining our national parks to preserving historic sites, our federal public service does all of this and much more.

Federal employees work hard across Canada and around the world.

We have seen the effect of their work as Canadians came together to welcome and settle some 25,000 Syrian refugees. That was a tremendous achievement that our public servants, within multiple departments, achieved working together.

This goes beyond just appreciating our employees and the work they do. We believe Canadians can achieve great things when we all work together. Indeed, our promise to work collaboratively with Canadians was a key cornerstone in our election platform.

Canadians want change in the way that governments treat and engage citizens. They want change in the way we work with unions and the labour movement, the way we work with members of Parliament, the media, indigenous peoples, the environmental community, all levels of government, veterans, business leaders, and so many others, all of whom want to contribute to building a better Canada.

By repealing division 20 of Bill C-59, the government is working with unions.

I would like to speak about the importance of rebooting our relations, broadly, with Canada's labour movement, but specifically with our public sector. It is really important to reset those relationships.

What we are doing here today is not simply a matter of demonstrating respect for and recognizing the importance of labour relations in governance. It is part of what we are doing as a government to work in partnership with the labour movement to achieve a better and more prosperous Canada.

One of the first things I did, after being named president of the Treasury Board, was to reach out to Robyn Benson, president of the Public Service Alliance of Canada, Debi Daviau, president of the Professional Institute of the Public Service of Canada, Ron Cochrane, co-chair of the National Joint Council, and other public sector leaders. I told them I wanted to restore a culture of respect for the public service, and respect and civility in labour relations.

The National Joint Council was among the first organizations I met with upon taking my responsibilities.

I want to send the following message: we will respect the collective bargaining process and negotiate in good faith. We are committed to reaching agreements, including on sick leave modernization, through collective bargaining.

This approach is crucial to the government's agenda. Canadians gave us a strong mandate to implement an ambitious and progressive agenda for change, to create jobs and grow the economy. However, we cannot get that done without an engaged, motivated, and respected public service. We need to bargain fairly, and in an environment of respect.

We know that we can accomplish more by working with one another than by working against one another. Collaboration is the only way to move forward together.

Real change of the type we envision for Canada can only happen when we work together, when we work collaboratively. Public servants are from diverse backgrounds. They work in communities across the country, and they work together to build a better Canada. We have backed up our commitment with actions.

In December, I made a commitment to the public service unions to go back to the bargaining table to negotiate in good faith. That is what we have done. We are looking for ways to modernize the sick leave system and reach agreements that are fair and reasonable for employees and Canadians.

We also committed that we would not exercise the powers given to the government to unilaterally implement a disability and sick leave management system. On January 21, we confirmed that we would be repealing that legislation, and on February 5, we introduced Bill C-5 to do that.

With the threat of Bill C-59 removed, we can have a genuine conversation with unions representing the public service on how to modernize the sick leave system in the public service. The current system can, for example, fail employees who have recently entered the public service and who have not accumulated a large bank of sick days. This is of particular concern to our government, and it is of concern to me, given our desire as a government to see the public service attract more young people to its ranks, attract millennials to the public service.

The fact is that the average age for new hires within the public service today is 37. We would like to see the federal public service do more to attract and retain millennials, who represent Canada's best and brightest generation and prospects for the future. However, we cannot do that if we do not have a system of sick leave that recognizes their importance. That is one of the changes we want to make.

Also, our current system fails employees, in our view, who suffer from mental health challenges and other chronic medical conditions. These are some of the important reasons that we are committed to a modernized system.

In terms of working together, we understand that wellness and productivity go hand in hand. Workforce wellness generates higher levels of employee engagement, which, in turn, leads to better-performing workplaces. We understand that workplace wellness means mental, as well as physical, health issues. As the country's largest employer, we have to tackle this challenge in our own ranks. To that end, we will be working to create a welcoming environment for free and frank discussion of mental wellness and mental health issues.

The fact is that our country is enriched and strengthened by different perspectives from the government, federal employees, and unions.

What is more, we know that we cannot provide Canadians with quality services if federal employees are not healthy, empowered, and involved. There is definitely a good dynamic for dealing with these problems and a general interest in doing so. By working with the unions, we are going to make real progress.

I want to recognize the excellent work done in this area of mental health by the joint task force on mental health, and the crucial work of the Public Service Alliance of Canada in advancing this agenda. The joint task force established a positive and collaborative partnership between representatives of the employer and from an equal number of bargaining agents. That is why we are consulting with employees on the federal public service workplace mental health strategy.

With this strategy, we are committing to exploring aspects of mental health with our employees, and to listening and responding to their needs. The strategy will evolve over time, and improvements will be based on research, good information, and employee feedback. This is an important step in helping to improve the psychological well-being of our employees. It is a great example of what we can achieve when we work together with the unions to make a real difference and to achieve important change for their members.

We are committed to taking further action, together with the public service unions and with the public service broadly, to strengthen our public service and to restore civility to our negotiations. I want to reset the relationship with our employees and their unions, and move responsibly and fairly to build the public service that Canadians need.

If we are going to meet the real challenges we face as a country, from improving economic opportunity and security for Canadians to settling thousands of refugees, we need to maintain a motivated and engaged public service. We have a wonderful opportunity here. From bargaining in good faith to open accountable government, to the utmost care and prudence and handling of public funds, we can continue to build a high performance public service for Canadians.

We need to work constructively and collaboratively to do it. Let me be clear. That does not mean that we as a government will always agree with the unions representing the public service on every single issue. Sometimes the union leaders will change our minds and sometimes we might even change their minds on something. However, if we are engaged collaboratively, we can disagree without being disagreeable, and we can work together to come together to build a stronger public service and better government for Canadians. Ultimately, we can learn from each other. We can negotiate in good faith to reach agreements that are fair and responsible for all parties.

In closing, Canadians know we find ourselves in a challenging fiscal situation and a slow growth economy. We were elected on a strong and progressive plan to grow that economy. If we are to implement our agenda to invest, to create jobs, and strengthen the middle class, we will need to be prudent, and it will take sound and responsible fiscal management and real collaboration.

As part of that, we have committed to fair and balanced labour laws that acknowledge the important roles of the unions. That is why we will resolve issues at the bargaining table in a way that is fair and reasonable for the public service and all Canadians. We will not be bargaining in public. We will be bargaining at the bargaining table, and that is where we ought to be bargaining, with the utmost respect for our public servants and understanding the importance of us working together.

The best is yet to come for Canada. The only way to ensure that we as Canadians achieve what we are capable of and that Canadians will benefit from all of this important work is to work together collaboratively, all of us as Canadians, members of Parliament, public servants, provincial, federal and municipal governments, the business and environmental communities, and indigenous peoples. We have a lot of work to do in this country and we need to work hard together to achieve our full potential.

Members of our public service play an important role with respect to not only our plan as a government but also achieving our potential as a country.

I look forward to this debate and hope that all hon. members would join me in supporting this piece of legislation.

Public Service Labour Relations Act

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I stand today to offer my support for Bill C-7, a bill that respects the rights of the dedicated women and men serving in the RCMP by providing a new labour relations framework for RCMP members and reservists.

The bill is a significant step forward in the history of the RCMP and its labour rights. It would enable RCMP members and reservists to engage in meaningful collective bargaining. I am proud of this initiative that is so in the public interest and serves the rights and well-being of these dedicated women and men.

Our national mounted police force has not only a storied past but now a stronger future. Since its beginning in 1873 when Prime Minister John A. Macdonald introduced in the House the act establishing the Northwest mounted police, the RCMP has been an integral part of Canada's development. From the 1874 march west from Fort Dufferin, Manitoba to policing the Klondike gold rush, to the St. Roch passage through the Northwest Passage, to the last spike of the Canadian Pacific railway in Craigellachie, British Columbia, to the vital roles in World Wars I and II, the RCMP has played an instrumental role throughout our country's history.

Despite its long, storied contribution to Canada, its members did not have the full freedom of association with respect to collective bargaining. That would now change. The Supreme Court of Canada has removed the barriers RCMP members faced in exercising this right, a right guaranteed to all Canadians by the Canadian Charter of Rights and Freedoms.

The bill provides the appropriate framework for the labour legislation that will govern the RCMP. It gives RCMP members and reservists the same access to a collective bargaining process that other police forces in Canada have.

To do that, the bill amends the Public Service Labour Relations Act and the Royal Canadian Mounted Police Act to create a new labour relations regime for RCMP members and reservists.

More specifically, it will give RCMP members and reservists the right to choose whether they wish to be represented by an employee organization during collective agreement negotiations with the Treasury Board of Canada.

As I said, before the Supreme Court decision, RCMP members could not organize or participate in collective bargaining.

Indeed, they have been excluded from the labour relations regime governing even the federal public service since the introduction of collective bargaining for this sector. Instead, members of the RCMP had access to a non-unionized labour relations program. This program had initially been imposed by section 96 of the Royal Canadian Mounted Police regulations in 1988. It was then repealed and replaced by substantially similar section 56 of the Royal Canadian Mounted Police regulations in 2014.

Its core component was the staff relations representative program, or SRRP, the primary mechanism through which RCMP members could raise labour relations issues. It was also the only forum of employee representation recognized by management, and it was governed by a national executive committee.

The program was staffed by member representatives from various RCMP divisions and regions elected for a three-year term by both regular and civilian members of the RCMP. Two of its representatives acted as the formal point of contact with the national management of the RCMP.

The aim of the SRRP was that at each level of hierarchy, members' representatives and management consulted on human resources initiatives and policies. However, the final word always rested with management.

Many changes were subsequently made to this labour relations regime, which increased the independence of the staff relations representative program.

However, none of these changes had much of an impact on its objective, place or function within the traditional RCMP chain of command.

In May 2006, two private groups of RCMP members filed a constitutional challenge on behalf of RCMP members in Ontario and British Columbia regarding labour issues.

These two groups were never recognized for the purposes of collective bargaining or consultation on labour issues by RCMP management or the federal government.

They saw the declaration that the combined effect of the exclusion of RCMP members from the application of the Public Service Labour Relations Act and the imposition of the SRRP as a labour relations regime unjustifiably infringed members' freedom of association.

The Supreme Court ruled that key parts of the RCMP labour relations regime were unconstitutional. It struck down the exclusion of RCMP members from the definition of employee in the Public Service Relations Act as unconstitutional, and it held that a section of the Royal Canadian Mounted Police regulations infringed on the Canadian Charter of Rights and Freedoms. In fact, the court affirmed that section 2(d) of the charter “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”.

In the case of the RCMP, the court determined that the existing labour relations regime, built around the staff relations representative program, denied RCMP members that choice, and imposed a program that did not permit RCMP members to identify and advance their workplace concerns free from management's influence. It found that the staff relations representative program did not meet the criterial necessary for meaningful collective bargaining. Under this program, RCMP members were represented by organizations they did not choose, and they worked within a structure that lacked independence from government. The court held that this violated their charter right to freedom of association.

I am proud that our new government's bill, Bill C-7, addresses just that. It brings labour rights governing this group of federal employees into line with the federal public sector labour relations regime, which has been in place for over 40 years. It provides RCMP members and reservists with a sufficient degree of choice and independence from management while recognizing their unique operational reality.

The RCMP is a nationwide federal public sector police organization, and thus its labour regime should be aligned and consistent with the fundamental framework for labour relations and collective bargaining for the federal public service.

Bill C-7 includes several general exclusions that mirror exclusions already in place for the rest of the public service. For example, staffing, pensions, organization of work, and assignments of duties are excluded from collective bargaining. Each of these issues is instead dealt with under other legislation, for example, the Public Service Employment Act for staffing, the Public Service Superannuation Act for pensions, and the Financial Administration Act for the organization of work and the assignment of duties. This system has been in place for years, and it works.

Having recently taken the GBA+ training module that government provides, which is gender-based analysis, I was impressed to see how the RCMP has been implementing gender-based analysis, the lens that ensures that both women and men are properly served in policy decisions taken by management. I want to congratulate the RCMP for being a leader in the implementation of this very important program.

There are other ways in which RCMP members can express their concerns about labour issues. If a uniformed member has a concern about the safety of the uniform, he or she can speak to the workplace health and safety committee. Together with the union representatives, the committee can study the issue and identify the best possible solution based on the evidence.

Moreover, workplace health and safety issues can be included in the collective agreement through bargaining. If members have concerns about employment conduct, they can share them with the union representative on the labour-management committee.

In other words, there are other ways for RCMP members and the union to raise concerns outside of the collective bargaining process. The members and the union can work with management to improve the workplace.

I would also like to point out that some have criticized the bill and said that only pay and benefits can be collectively bargained. This is simply not the case. There is a whole host of other issues that can be collectively bargained. Conditions of work, such as hours of work, scheduling, call back, and reporting conditions, can be collectively bargained. Leave provisions, such as designated paid holidays, vacation leave, sick leave, and parental leave, can be collectively bargained. Labour relations matters, such as terms and conditions for grievance procedures and procedures for classification and workforce adjustment, can be collectively bargained. For example, the decision to lay off an employee is a staffing matter, which is not subject to negotiation. However, measures such as compensation or the manner in which layoffs are conducted may be negotiated.

As I said, the Supreme Court invalidated the existing labour relations framework for the RCMP because it violated the charter right to freedom of association. The court suspended its judgment for one year to give government time to consider its options. The government sought an extension and was given an additional four months to provide a new labour relations framework for RCMP members and reservists. Unfortunately, the suspension of the Supreme Court of Canada's decision has now expired. Therefore, it is important that the government move quickly to put in place a new labour relations framework to minimize disruption for RCMP members, reservists, and management.

Indeed, delaying the passage of this legislation is problematic for a number of reasons. There currently is an overlap between the RCMP 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, making it difficult for the RCMP to maintain a cohesive national approach to labour relations. That is especially worrisome given the nature and function of our national police force, in which members are posted to positions anywhere across the country in a variety of functions and activities. The potential to be represented by a number of various bargaining units could be very confusing.

Should this not pass quickly, there is also the concern of uncertainty among RCMP members about their collective bargaining rights and the measures they can take should they need access to representation.

Let me add two further arguments for the swift passage of this legislation. The government took steps, including consultations with RCMP members in the summer of 2015 to bring this new framework into compliance with the Supreme Court's ruling. Last summer, regular members of the RCMP were consulted through an online survey and town hall meetings to seek their views on potential elements of a labour relations framework.

At the same time, Public Safety Canada consulted with the provinces, territories, and municipalities that are served by the RCMP through police service agreements. Public Safety Canada will continue the dialogue with contracting parties as the new regime is implemented. The findings from these consultations were very helpful and instructive in developing the elements of Bill C-7.

Finally, let me add that this bill is also consistent with our government's efforts to restore fair and balanced labour laws in this country. We believe in collective bargaining. That is why, for example, we introduced Bill C-5, which would repeal division 20 of Bill C-59, the 2015 budget implementation act, which was tabled last April by the previous government. Division 20 would have provided the government with the authority to unilaterally override the collective bargaining process and impose a new sick leave system on the public service. By repealing those provisions in Bill C-59, we are also demonstrating our respect for the collective bargaining process.

We believe in fair and balanced labour relations, and we recognize the important role that unions play in Canada.

That is why we have also introduced measures to repeal Bill C-377 and Bill C-525, which were also passed without the usual consultation process for labour relations law reform by the previous government. Bill C-377 placed new financial reporting requirements on unions, and Bill C-525 changed how unions could be certified and decertified.

Bill C-7 restores the power of the federal Public Sector Labour Relations Board to select the certification or decertification method appropriate to each particular situation, and I would say fair method to both the representing and the represented parties, rather than being limited to the mandatory vote method, which can skew a decision against the union in certain circumstances.

The previous government had research and a report that concluded that very situation.

Recently, on May 25, the government announced its intention to repeal portions of the Economic Action Plan 2013 Act, No. 2, division 17. The portions in question have to do with changes made to essential services, collective bargaining and processes for grievances, and dispute resolution without any consultations with public sector partners. We took these important measures to ensure that workers are free to organize and that unions and employers can bargain collectively in good faith.

Bill C-7 honours this right, a right that has long been exercised by all other police officers in Canada. It is the right to good faith collective bargaining. This bill would institute this right in law. It would lay out the rules that govern labour relations for RCMP members and reservists, and enshrine the principles and values of our society as reflected in the charter and as required by the Supreme Court of Canada. It would recognize the particular circumstances of our unique national police force, the RCMP.

I would ask my colleagues to do the right thing and support the passage of this bill, so that it becomes law without further delay.

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

I just wanted to read a quote that speaks to some of the commentary by the panellists about the constitutionality of this particular Bill C-377 and Bill C-5 as well.

I was a member of Parliament when this was going through our caucus. Some weren't supportive of it; many were. I remember the proponent of Bill C-377 specifically coming and talking to us about what it would take for us to be more supportive of this particular legislation that he had moved, and amendments to it were allowed to proceed.

Understanding what the process was—and I saw it with my own two eyes—I saw how practical it really was. There really was a back and forth. I met with numerous union representatives in my office to talk about their concerns about the bill. I heard comments back that the amendments would address their concerns. Nothing was perfect; some were supportive of it. As a former union member myself, I was supportive of accountability for unions because I think it's necessary.

I just want to talk about the private members' bill process, the way it is. It goes through a process, I wouldn't necessarily say it's a strict process, but a process of constitutionality, and the bill essentially has to meet certain criteria before it's even allowed to come to the floor of the House. This bill passed that test and that particular vetting.

I'm going to also read a quote from retired Supreme Court Justice Michel Bastarache, who is a pretty good authority on Canadian law. It reads:

I conclude that, if Bill C-377 is enacted into law, it would likely be upheld by the courts as a valid enactment of Federal Parliament’s power over taxation under section 91(3) of the Constitution Act, 1867.… As long as the pith and substance or matter of Bill C-377 is related to taxation, the law is a valid enactment of Parliament’s powers.... Because Bill C-377 does not attempt to regulate the activities of labour organizations or determine how they spend their money, it is unlikely that a court would find that it limits freedom of association under section 2(d) of the Charter.

What are your thoughts about that quote, Mr. Mazzuca?