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.

Opposition Motion—Canadian Dairy Industry

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I would say two things in reply.

First, a little over six months ago, if the Liberals were saying anything about this, it was that if the previous government was not enforcing it, that was a case for a new government. Canadians have a new government now, and I think they want some follow-through.

With respect to the promise, from what I have seen, I would say the Liberals have been masters, as they were in the election campaign—and we are seeing the truth of it now that they are in government—of putting a promise on paper. We have seen it with the Prime Minister saying about door-to-door delivery, “Do not pay attention to what I said. Go read the fine print on the website.” We have seen it with public servants, who had an expectation that they would be treated with respect through Bill C-5 and the removal of the legislative mechanism to enforce a solution, but the Liberals came back to the bargaining table with the same offer.

The Liberals have been masters of creating promises that in the letter were very limited but in the spirit and in the impression that they made in the minds of Canadians were quite significant.

This would be another issue on which I think they created an expectation and are now saying, “Read the fine print.”

Federal Public Sector Labour Relations Act

[Peter Fragiskatos, Liberal, London North Centre, ON]

Madam Speaker, I am thankful for the opportunity to rise today in the House in support of Bill C-7. In my riding of London North Centre we have the Royal Canadian Mounted Police Ontario headquarters, as well as the RCMP London, Ontario, detachment. Combined, these two offices have approximately 165 regular members. Many of these individuals are my constituents, I am proud to say.

I am also very proud of the work these men and women do in keeping Canadians safe every single day. With that in mind, it is an honour to be part of this debate and take a stand on behalf of these men and women, the members and reservists of the RCMP.

The bill before us today would uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in meaningful collective bargaining. I emphasize that point. Collective bargaining is a right that other police officers in Canada have enjoyed for many years, but it is a right that has been denied to the members and reservists of the RCMP, individuals who over the last 143 years have contributed so much to our proud, strong, and free nation. This bill would rectify that issue.

This bill is a clear and reasoned response to the Supreme Court ruling of January 16, 2015. The court affirmed in that decision that subsection 2(d) of the Charter of Rights and Freedoms, “protects a meaningful process of collective bargaining that provides employees with a degree of choice and independence sufficient to enable them to determine and pursue their collective interests”. The court also determined that, “the current labour relations regime denies RCMP members that choice, and imposes on them a scheme that does not permit them to identify and advance their workplace concerns free from management’s influence”.

It is, therefore, my pleasure to support this bill today, a bill that would provide RCMP members and reservists with freedom of choice and independence from management while still recognizing their unique operational reality. The bill in question is a product of careful consideration of the result of consultations with key stakeholders, the first with regular members of the RCMP and the second with provinces, territories, and municipalities that have policing agreements with the RCMP.

Bill C-7 has a number of important features, and I will now go over those briefly.

It would provide for independent binding arbitration as the dispute resolution process for bargaining impasses. Consistent with other police forces across this country, the members of the RCMP bargaining unit would not be permitted to strike. This was the strong preference of those who participated in the online consultation.

The bill would also provide for a single national bargaining unit composed solely of RCMP members appointed to a rank and reservists; and the RCMP bargaining agent, should one be certified, would have as its primary mandate the representation of RCMP members. Again, regular members showed clear support for these provisions. The bill would also exclude officers appointed to the ranks of inspector and above from representation. Finally, the Public Service Labour Relations and Employment Board would be the administrative tribunal for collective bargaining matters related to the RCMP bargaining units, as well as grievances related to a collective agreement.

The bill before us today is consistent with our government's efforts to restore fair and balanced labour laws in this country. Take, for instance, Bill C-5, which would repeal division 20 of Bill C-59, the 2015 budget implementation bill, tabled last April by the previous government. It gave the government the authority to unilaterally override the collective bargaining process and impose a new sick leave system onto the public service.

The Public Service Labour Relations Act was originally passed in 1967 to give public servants the right to unionize and bargain collectively. It is fundamental to ensuring collaborative efforts between the parties and to improving the ability of the public service to serve and protect the public interest.

I have many public service employees in my riding of London North Centre. In fact, I had the privilege of meeting with some of their leadership last week and they made their voices heard.

The actions of the previous government, to unilaterally impose a new sick leave system while ignoring the collective bargaining process, were unfortunate and disrespectful. Our government made it clear that we would not be party to an approach that disregards the process of negotiation between an employer and a group of employees aimed at reaching agreements on the terms and conditions of employment. By repealing those provisions in Bill C-59, we are demonstrating our respect for the collective bargaining process.

We believe in collective bargaining, and the bill before us today honours our belief in this right. We also believe in fair and balanced labour relations, yet over the last few years, many fundamental labour rights have been rolled back. We can just look at Bill C-377 and Bill C-525, which would both have changed how unions could be certified and decertified, and would place new financial reporting requirements on them.

These bills were passed without the traditional employer, union, and government consultation process used for labour relations law reform. The result has been that it is now more difficult for unions and the employer to bargain collectively in good faith. We need, instead, to ensure that workers can organize freely, bargain collectively in good faith, and work in safe environments. To that end, the Minister of Employment, Workforce Development and Labour has also introduced legislation to repeal Bill C-377 and Bill C-525.

Bill C-4 would restore the procedures for the certification and the revocation of certification of bargaining agents that existed prior to June 16, 2015. This bill would also amend the Income Tax Act to remove the unnecessary requirements on labour organizations and labour trusts for the public reporting of financial information.

As hon. members are well aware, legislation is already in place to ensure that unions make such financial information available. Section 110 of the Canada Labour Code, for instance, requires unions to provide financial statements to their members upon request and free of charge, rendering these additional reporting requirements unnecessary. The bill before us today is very much in keeping with our belief in fair and balanced labour relations.

Engaging in collective bargaining is a right long exercised by all other police forces in Canada. The bill would respect that right while recognizing the particular circumstances of the RCMP as a national police force. It is time for us to give RCMP members and reservists the respect they are due.

I again would like to thank those members and reservists of the RCMP for their dedicated service to our country. I am proud to have such a strong RCMP presence in my riding of London North Centre, and I commend RCMP members for going to work each and every day with the safety of all Canadians and all Londoners at the forefront of their minds.

To that end, I ask all members to show their support for members and reservists of the RCMP by voting in favour of this bill.

[Greg Fergus, Liberal, Parliamentary Secretary to the Minister of Innovation]

Mr. Speaker, I will be sharing my time with the member for Don Valley East. I would like to thank you for giving me the opportunity to rise today to support Bill C-7.

It is an honour to participate in this debate and take a stand on behalf of the members and reservists of the Royal Canadian Mounted Police.

Today's bill seeks to uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in meaningful collective bargaining. Collective bargaining is a right that other police officers in Canada have enjoyed for many years. RCMP members and reservists have been denied that right, despite the significant contribution they have made to our proud, strong, and free nation over the past 143 years.

This bill would remedy that situation. It is a clear and reasoned response to the decision rendered by the Supreme Court on January 16, 2015. The court indicated that section 2(d) of the Canadian Charter of Rights and Freedoms protects a meaningful process of collective bargaining that provides employees with a degree of choice and independence sufficient to enable them to determine and pursue their collective interests. The court also stated that the current RCMP labour relations regime denies RCMP members that choice, and imposes on them a scheme that does not permit them to identify and advance their workplace concerns free from management’s influence.

I thank the Supreme Court for this ruling, and I am pleased to support this bill today, which would give RCMP members and reservists freedom of choice and independence from management, while recognizing their unique operational reality.

This bill was carefully developed from the results of consultations with key stakeholders. The initial consultations were held with regular members of the RCMP. The next round of consultations were held with the provinces, territories, and municipalities that have police service agreements with the RCMP.

There are some important features in Bill C-7. First and foremost, it gives access to independent, binding arbitration when the bargaining dispute resolution process reaches an impasse. Members of the RCMP bargaining unit will not have the right to strike, which is in line with the practices of other police forces across the country. Those who participated in the online consultation expressed a strong preference for this provision.

The bill will also create a single, nation-wide bargaining unit composed of RCMP members appointed to a rank as well as reservists. In order to be certified, an RCMP bargaining agent must have as its primary mandate the representation of RCMP members. Once again, regular members have shown strong support for these provisions. The bill also provides for the exclusion of officers at the inspector level and above from representation.

Lastly, the Public Service Labour Relations and Employment Board will act as the administrative tribunal for matters related to the RCMP bargaining unit, as well as grievances related to the provisions of the collective agreement.

This bill is in line with the government's efforts to restore fair and balanced labour laws in this country.

Consider, for example, Bill C-5, which repeals division 20 of Bill C-59, the bill to implement budget 2015, introduced in April of last year by the previous government.

That bill gave the government the power to unilaterally override the collective bargaining process and impose a new sick leave system on the public service.

The Public Service Staff Relations Act was first introduced in 1977 in order to give public servants the right to organize and to bargain collectively. Guaranteeing collaborative efforts among the parties is crucial, as is increasing the capacity of the public service to serve and protect the public interest.

Our government has made it abundantly clear that it will not adopt an approach that does not take into account the bargaining process between an employer and a group of employees who want to reach agreements on employment conditions.

By repealing these provisions of Bill C-59, we are demonstrating our respect for the collective bargaining process. We believe in collective bargaining. Today's bill is a testament to our belief in that right.

We also believe in fair and balanced labour relations. Unfortunately, over the past few years, many basic labour rights have been undermined. Consider Bill C-377 and Bill C-525, for example, which will change how unions can be certified or decertified and will impose new financial reporting requirements on them.

Those bills were passed without the usual consultation process involving employers, unions, and the government, which was used during the reform of the Public Service Staff Relations Act. As a result, it is now harder for unions and employers to bargain in good faith.

Instead we must ensure that workers are free to organize, bargain collectively in good faith, and ensure safe workplaces for themselves. To make that happen, the Minister of Employment, Workforce Development and Labour introduced a bill to repeal Bill C-377 and Bill C-525.

Bill C-4 restores the bargaining agent certification and decertification processes that were in place before June 16, 2015. Bill C-4 also amends the Income Tax Act to get rid of unnecessary requirements imposed on labour organizations and labour trusts with regard to releasing certain financial information.

As hon. members know, legislative measures are already in place to ensure that unions make that financial information available. Under section 110 of the Canada Labour Code, unions are required to provide financial statements to their members upon request and free of charge, which makes these requirements to produce extra reports unnecessary.

In conclusion, the bill being introduced today is consistent with our belief in fair and balanced labour relations. Every other police force in Canada has had the right to engage in collective bargaining for quite some time. This bill respects that right, while recognizing the particular circumstances of the RCMP as a national police force.

It is time for us to give RCMP members and reservists the respect they deserve. To that end, I am calling on all hon. members to show their support for RCMP members and reservists by voting in favour of this bill.

[David Graham, Liberal, Laurentides—Labelle, QC]

Mr. Speaker, I am pleased to have the opportunity to rise today to support Bill C-7.

It is an honour to participate in this debate and take a stand on behalf of the members and reservists of the Royal Canadian Mounted Police, the RCMP.

Today's bill seeks to uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in meaningful collective bargaining. Collective bargaining is a right that other police officers in Canada have enjoyed for many years.

However, RCMP members and reservists have been denied that right, despite the significant contribution they have made to our proud, strong, and free nation over the past 143 years. My personal connection to this file dates back to almost the very beginning. My great-great-grandfather, Dr. Louis Paré, was the assistant chief surgeon for the Royal Northwest Mounted Police.

This bill will remedy that situation. It is a clear and reasoned response to the decision rendered by the Supreme Court on January 16, 2015, which indicated that section 2(d) of the Canadian Charter of Rights and Freedoms “protects a meaningful process of collective bargaining that provides employees with a degree of choice and independence sufficient to enable them to determine and pursue their collective interests”.

The court stated, “The current RCMP labour relations regime denies RCMP members that choice, and imposes on them a scheme that does not permit them to identify and advance their workplace concerns free from management’s influence.”

I thank the Supreme Court for this ruling, and I am pleased to support this bill today, which would give RCMP members and reservists freedom of choice and independence from management, while recognizing their unique operational reality.

This bill was carefully developed from the results of consultations held with key stakeholders. The initial consultations were held with regular members of the RCMP. The next round of consultations were held with the provinces, territories, and municipalities that have police service agreements with the RCMP.

There are some important features in Bill C-7. First and foremost, it gives access to independent, binding arbitration when the bargaining dispute resolution process reaches an impasse.

Members of the RCMP bargaining unit will not have the right to strike, which is in line with the practices of other police forces across the country. Those who participated in the online consultation expressed a strong preference for this provision.

The bill will also create a single, nation-wide bargaining unit composed of RCMP members appointed to a rank as well as reservists. In order to be certified, an RCMP bargaining agent must have as its primary mandate the representation of RCMP members.

Once again, regular members have shown strong support for these provisions. The bill also provides for the exclusion of officers at the inspector level and above from representation.

Lastly, the Public Service Labour Relations and Employment Board will act as the administrative tribunal for matters related to the RCMP bargaining unit, as well as grievances related to the provisions of the collective agreement.

This bill is in line with the government's efforts to restore fair and balanced labour rights in this country. Consider, for example, Bill C-5, which repeals division 20 of Bill C-59, the bill to implement budget 2015, introduced in April of last year by the previous government. That bill gave the government the power to unilaterally override the collective bargaining process and impose a new sick leave system on the public service.

The Public Service Staff Relations Act was first introduced in 1977 in order to give public servants the right to organize and to bargain collectively. Guaranteeing collaborative efforts between the parties is crucial, as is increasing the capacity of the public service to serve and protect the public interest.

Our government has made it abundantly clear that it will not adopt an approach that does not take into account the bargaining process between an employer and a group of employees who want to reach agreements on employment conditions.

By repealing these provisions of Bill C-59, we are demonstrating our respect for the collective bargaining process. We believe in collective bargaining. Today's bill is a testament to our belief in that right. We also believe in fair and balanced labour relations. Unfortunately, over the past few years, many basic labour rights have been undermined.

Consider Bill C-377 and Bill C-525, which will change how unions can be certified or decertified and impose new financial reporting requirements on them.

Those bills were passed absent any of the usual consultation involving employers, unions, and the government, which took place during the Public Service Staff Relations Act reform.

As a result, it is now harder for unions and employers to bargain effectively in good faith. We must ensure that workers are free to organize, bargain collectively in good faith, and ensure safe workplaces for themselves.

To make that happen, the Minister of Employment, Workforce Development and Labour introduced a bill to repeal Bill C-377 and Bill C-525. Bill C-4 restores the bargaining agent certification and decertification processes that were in place before June 16, 2015.

Bill C-4 also amends the Income Tax Act, in order to get rid of unnecessary requirements imposed on labour organizations and labour trusts with regard to filing certain financial information.

As hon. members know, legislative measures are already in place to ensure that unions make that financial information available. Under section 110 of the Canada Labour Code, unions are required to provide financial statements to their members on request and free of charge, which makes these requirements to produce extra reports unnecessary.

The bill being introduced today is consistent with our belief in fair and balanced labour relations. Every other police force in Canada has had the right to engage in collective bargaining for quite some time.

This bill respects that right, while recognizing the particular circumstances of the RCMP as a national police force. It is time for us to give RCMP members and reservists the respect they deserve.

To that end, I am calling on all hon. members to show their support for RCMP members and reservists by voting in favour of this bill.

Business of the House

[Dominic LeBlanc, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue with debate on the opposition motion that we began this morning.

Tomorrow, we will have the final day of debate at second reading on Bill C-4, concerning unions. I would like to note that the votes relating to this bill will be deferred to the end of the day on Monday, March 7, pursuant to an order adopted earlier today.

I want to sincerely thank my colleagues in the House for their co-operation in finding an agreement on this matter, and also on the ISIL motion, which was debated earlier this week.

Next week, as my colleague indicated, members will be working in their ridings.

On Monday, March 7, we will resume debate, at second reading stage, of Bill C-2 concerning a tax cut for the middle class. I would like to inform the House that Tuesday, March 8, will be an allotted day. On Wednesday, we will begin debate at second reading stage of Bill C-6 on citizenship, which was introduced this morning by my colleague, the Minister of Immigration, Refugees and Citizenship. On Thursday, we will begin consideration of Bill C-5 concerning public servants' sick leave.

Finally, Mr. Speaker, I know that you have been looking forward to this. Pursuant to Standing Order 83 (2), I would ask that an order of the day be designated for the Minister of Finance to present the budget at 4 p.m., on Tuesday, March 22, 2016.

Canada Labour Code

[Erin O'Toole, Conservative, Durham, ON]

Madam Speaker, the member always has very insightful questions in this House.

I cannot put myself in the shoes of the new government, and I certainly would not want to be in those shoes. However, if we look at the first 100 days—and there is a snazzy video out on the first 100 days—we can see the legislative agenda.

Bill C-1 is a formulaic administration-of-oaths bill; Bill C-2 was tax increases and the elimination of the TFSA; Bill C-3 was a massive injection of spending, in large part to cover a promise on the Syrian refugee resettlement; Bill C-4 is the unwinding of labour modernization from the previous Parliament, clearly a quid pro quo for support during the election; and Bill C-5 is undoing the sick day negotiation with the public service.

If we look at the legislative agenda of the new government in the first 100 days, it is tax, spend, and support the friends who got them into office. Contrast that with the previous government's first 100 days. There was the Federal Accountability Act, child care benefits for all families, and a GST reduction. It was about giving back to Canadians, not taking away.

[Larry Maguire, Conservative, Brandon—Souris, MB]

Madam Speaker, I rise today to speak against Bill C-4, which would roll back the rights of hard-working union members and repeal transparency legislation that finally allowed some sunshine to be let into the financial ledgers of opaque unions.

I respect the Minister of Employment. I have had the pleasure of getting to know her over the past 16 years and enjoyed the time we spent together in the Manitoba legislature. I remember that my hon. friend and her NDP colleagues at the time introduced a similar bill in 2000 and rammed it through the Manitoba legislature, a bill that massively favoured the interests of union elites and took away the ability of union members to stop their union dues paying for their union bosses' political agendas.

I also noted her comments in the House about how Bill C-4 would improve Canada's economy. I only pray that her now Liberal government does not increase Canada's debt by over 500% as her former NDP colleagues have done in Manitoba since her days in government. It is also interesting to note that at that time, former Liberal MP Jon Gerrard and leader of the Manitoba Liberal Party not only spoke against this legislation but he voted against it as well.

Today I want to talk about three things: first, the flawed motivation the Liberals have for introducing this legislation at this time; second, the importance of a secret ballot as a pillar of our democratic institutions; and third, the principle of fairness for certification and decertification.

The timing of this legislation leads me to believe that the new Liberal government is on manoeuvres. The fact that even the Liberal minister who introduced this legislation admitted that the bill was quickly tabled leads me to believe that ulterior motives are behind it.

It is too easy to just assume that this legislation is a reward for all the unions that backed the Liberals in the last election. Not even the Liberal government would change the law to remove mandatory secret ballots for union workers as a quick “thank you” to the unions that actively and publicly supported them but also spent thousands upon thousands if not millions of workers' dollars attacking the Conservative Party.

The big issue here is not Bill C-4 itself. It is not even Bill C-5, the bill the Liberals introduced next to settle their union debts. We have to look at the big picture here. It is not just that the Liberals owe some of their election victory to the thousands of workers' dollars the union spent against us, it is that the Liberals are using the rights of workers across the country as a bargaining chip, literally.

The lightening speed of the bill's introduction can only be explained by the looming spectre of collective bargaining the Liberals have coming with their own public service unions. Quite simply, they are trading the rights of hard-working Canadians in the hope of a smoother ride at their own negotiating table. It leads me to ask: did the Liberals care about union rank and file or only about making their own lives easier? It is clear that the Liberals are introducing this legislation for their own ends and not to solve a problem that actually exists.

This leads me to my second point: the importance of the secret ballot as a democratic principle. Each hon. member in the chamber is here today because residents in their ridings chose to give them the most personal thing they possess, their vote. We have no higher duty in our role as members than to safeguard the democratic principles that hold our country together. The secret ballot is the highest pillar of this process. It seems absurd to me that a member of the House could get up and argue that we need less voter protection, that we need less transparency, that we need less democracy. It seems absurd to me that a member of the House could get up and argue that we need more secrecy, that we need more union intimidation, and that we need more power for big union bosses.

The Liberals are creating a problem that does not exist. Nobody is banging down my door, nobody is calling my office, and nobody is emailing me saying they want workers to be stripped of the right to a secret ballot. Even the national president of the Public Service Alliance of Canada Robyn Benson said so much herself when she testified in committee in 2014, “Contrary to what you may have heard, PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action, as examples.”

The old card check system allowed for a workplace to be unionized without letting all employees have their say. In fact, unionization could proceed with a significant portion of the workers having no idea unionization is even going on.

As many of my hon. colleagues will know from their experience in electoral campaigns, candidates often spend their time going door to door, asking for support of their friends and neighbours. Most say yes. Sometimes they mean it, and sometimes they just want them to get off the porch or do not feel comfortable saying no to their face. It is a good thing that candidates cannot force people to vote at the door when they are canvassing; otherwise, the potential for voter intimidation would be disturbing, indeed. It is a good thing we have a secret ballot vote later to decide who the MP will be.

The former card check system, without a mandatory secret ballot, was ripe for intimidation, intentional or not. In this system, workers could be pressured by unions or their colleagues in the signing of a union card. I ask colleagues to imagine what it feels like in a workplace full of tension, where a worker is on the fence about joining a union but is bombarded by peer pressure from all sides.

The only true way to safeguard the rights of these workers is to let them express their true wishes through a vote, and the only way to do this properly is through a secret ballot. This notion enjoys widespread support across Canada and 5 of 10 Canadian provinces have mandatory secret ballot vote legislation. The Liberals have absolutely no good reason to get rid of this vital check.

Finally, let me now turn to one specific detail in the bill, that which deals with the number of votes it takes to certify or decertify a union. Before Bill C-525, it took the signatures of 35% of the bargaining unit to trigger the process to certify a union, while it took 50% to decertify it.

Bill C-525 is grounded in the core principle of creating an equal and fair playing field for supporters and opponents of unionization. We believe that it should be up to the workers to decide, not the employers, and not the union bosses. This was achieved by setting the bar for both certification and decertification processes at 40%; a wholly reasonable number to trigger a vote that necessarily involves wide-ranging consultation.

Now, the Liberals are trying to narrow the circle of people that unions and employees need to involve to make decisions; ultimately, making the process less democratic.

The bill is all about narrowing the democratic legitimacy of unions and scaling back the rights of workers to select their representatives and to determine their own fate. It is truly an affront to democracy for elected members of this chamber to demand that other institutions in their country be made less democratic, that they be made more exclusive.

As the representative of the residents of Brandon—Souris, I cannot support the legislation. It is clearly designed to settle Liberal debts to unions from their last election campaign, to strip workers of their right to a secret ballot, and to create an uneven playing field for workers to determine their own fate.

I encourage all members of this House to vote against the bill.

Economic Action Plan 2015 Act, No. 1

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

moved for leave to introduce Bill C-5, An Act to repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1.

(Motions deemed adopted, bill read the first time and printed)