An Act to amend the Federal Public Sector Labour Relations Act and other Acts

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

Sponsor

Scott Brison  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Federal Public Sector Labour Relations Act to restore the procedures for the choice of process of dispute resolution including those involving essential services, arbitration, conciliation and alternative dispute resolution that existed before December 13, 2013.
It also amends the Public Sector Equitable Compensation Act to restore the procedures applicable to arbitration and conciliation that existed before December 13, 2013.
It repeals provisions of the Economic Action Plan 2013 Act, No. 2 that are not in force that amend the Federal Public Sector Labour Relations Act, the Canadian Human Rights Act, and the Public Service Employment Act and it repeals not in force provisions of the Economic Action Plan 2014 Act, No. 1 that amend those provisions.
It 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 Federal Public Sector Labour Relations Act, terms and conditions of employment related to the sick leave of employees who are employed in the core public administration.

Elsewhere

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

LabourStatements By Members

June 17th, 2019 / 2 p.m.


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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

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

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

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

The Speaker Geoff Regan

I have the honour to inform the House that a communication has been received as follows:

November 26, 2018

The Honourable

The Speaker of the House of Commons

Ottawa

Mr. Speaker,

I have the honour to inform you that Ms. Assunta Di Lorenzo, Secretary to the Governor General and Herald Chancellor, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 26th day of November, 2018, at 8:33 p.m.

Yours sincerely,

Christine MacIntyre

Executive Director, Events, Household and Visitor Services

The bills assented to were Bill C-62, an act to amend the Federal Public Sector Labour Relations Act and other acts, and Bill C-89, an act to provide for the resumption and continuation of postal services.

(Bill C-21. On the Order: Government Orders:)

May 9, 2018—Third reading of Bill C-21, An Act to amend the Customs Act—The Minister of Public Safety and Emergency Preparedness

(Bill, as amended, read the third time and passed on division)

(Bill C-68: On the Order: Government Orders:)

June 13, 2018—Third reading of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence—The Minister of Fisheries, Oceans and the Canadian Coast Guard

(Motion for third reading deemed moved, bill read the third time and passed on division)

(Bill C-62. On the Order: Government Orders:)

June 11, 2018—Consideration at report stage of C-62, an act to amend the Federal Public Sector Labour Relations Act and other acts, as reported by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities without amendment—The President of the Treasury Board.

(Bill concurred in, read the third time and passed on division)

(Bill C-64. On the Order: Government Orders:)

June 19, 2018—Third reading of Bill C-64, an act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations—The Minister of Transport.

(Bill read the third time and passed)

(Motion No. 24. On the Order: Government Orders:)

May 28, 2018—Ways and Means motion to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting.

(Motion agreed to on division)

(Bill C-82. On the Order: Introduction of Bills:)

May 28, 2018—First reading of Bill C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting—Minister of Finance

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

(Bill C-46. On the Order: Government Orders:)

June 14, 2018—Consideration of the amendments made by the Senate to Bill C-46, an act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other acts—The Minister of Justice.

(Motion agreed to on division)

(Bill C-50. On the Order: Government Orders:)

June 14, 2018—Consideration of the amendments made by the Senate to Bill C-50, an act to amend the Canada Elections Act (political financing)—The Minister of Democratic Institutions.

(Motion agreed to on division)

June 4, 2018—That the 64th Report of the Standing Committee on Procedure and House Affairs entitled, “Code of Conduct for Members of the House of Commons: Sexual Harassment between Members”, presented to the House on Monday, June 4, 2018, be concurred in.

(Motion agreed to)

June 19, 2018—Notice of Motion—That, pursuant to Standing Order 111.1(2) and in accordance with subsection 79.1(1) of the Parliament of Canada Act, R.S.C., 1985, c. P-1, the House approve the appointment of Yves Giroux as Parliamentary Budget Officer for a term of seven years—Leader of the Government in the House of Commons.

(Motion agreed to on division)

Business of the HouseGovernment Orders

June 19th, 2018 / 9 p.m.


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Waterloo Ontario

Liberal

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

Mr. Speaker, on a point of order, there have been discussions among the parties and I believe if you seek it you will find unanimous consent for the following motion.

I move:

That notwithstanding any Standing Order or usual practice of the House, following routine proceedings on Wednesday, June 20, 2018:

(a) Bill C-21, An Act to amend the Customs Act, be deemed read a third time and passed on division;

(b) Bill C-62, An Act to amend the Federal Public Sector Labour Relations Act and other Acts, be deemed concurred in at the report stage on division and deemed read a third time and passed on division;

(c) Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations, be deemed read a third time and passed;

(d) Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, be deemed read a third time and passed on division;

(e) Ways and Means No. 24 be deemed adopted on division, and that the Bill standing on the Order Paper in the name of the Minister of Finance entitled, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting, be deemed read a first time;

(f) the motion respecting Senate Amendments to Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, standing on the Notice Paper in the name of the Minister of Justice, be deemed adopted on division;

(g) the motion respecting Senate Amendments to Bill C-50, An Act to amend the Canada Elections Act (political financing), standing on the Notice Paper in the name of the Minister of Democratic Institutions, be deemed adopted on division;

(h) the 64th Report of the Standing Committee on Procedure and House Affairs entitled, Code of Conduct for Members of the House of Commons: Sexual Harassment between Members, presented to the House on Monday June 4, 2018, be concurred in;

(i) the following motion be deemed adopted on division: “That, pursuant to Standing Order 111.1(2) and in accordance with subsection 79.1(1) of the Parliament of Canada Act, R.S.C., 1985, c. P-1, the House approve the appointment of Yves Giroux as Parliamentary Budget Officer for a term of seven years”; and

(j) the House shall stand adjourned until Monday, September 17, 2018, provided that, for the purposes of any Standing Order, it shall be deemed to have been adjourned pursuant to Standing Order 28 and be deemed to have sat on Thursday, June 21 and Friday, June 22, 2018.

Human Resources, Skills and Social Development and the Status of People with DisabilitiesCommittees of the HouseRoutine Proceedings

June 11th, 2018 / 4:30 p.m.


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Liberal

Bryan May Liberal Cambridge, ON

Mr. Speaker, I have the honour to present, in both official languages, the 10th report of the Standing Committee on Human Resources, Skills and Social Development and the Status of People with Disabilities, entitled “Main Estimates 2018-19: Vote 1 under Canada Mortgage and Housing Corporation, Vote 1 under Canadian Centre for Occupational Health and Safety and Votes 1 and 5 under Department of Employment and Social Development”.

While I am on my feet, I have the honour to present, in both official languages, the 11th report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities in relation to Bill C-62, an act to amend the Federal Public Sector Labour Relations Act and other acts.

The committee has studied the bill and has decided to report the bill back to the House without amendment.

Notice of Closure MotionExtension of Sitting HoursGovernment Orders

May 28th, 2018 / 5:45 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, I am rising to challenge the notice that was given by the government House leader of a closure motion concerning government Motion No. 22. It is my view that her notice was premature and therefore is out of order.

I raised a point of order earlier today disputing the correctness of House records concerning debate on government Motion No. 22, and we are still awaiting a ruling on that point of order.

Standing Order 57, which governs closure, reads, in part:

Immediately before the Order of the Day for resuming an adjourned debate is called, or if the House be in Committee of the Whole, any Minister of the Crown who, standing in his or her place, shall have given notice at a previous sitting of his or her intention so to do, may move that the debate shall not be further adjourned....

Page 663 of Bosc and Gagnon puts this into plain English. It states:

Regardless, debate on the item which is the subject of the notice must have begun before notice of closure may be given.

The related footnote points to a ruling by Speaker Fraser in December 1988 during debate on the Canada-United States free trade agreement. Members with a passion for politics will recall that this was the immediate wake of that autumn's general election, sparked by the resistance of Liberal senators to a previous Conservative government's free trade agreement with the U.S. After the election, Parliament met quickly in order to pass the free trade agreement before a New Year's Eve deadline.

To aid the bill's passage, the government proposed a series of temporary procedural rules, not unlike the intention of government Motion No. 22. When the 1988 procedural motion was called, Liberals and New Democrats rose to challenge every fibre of it, because at that point they were still fighting against the free trade agreement with the United States. To make a long story short, those procedural arguments continued throughout the day.

In any event, the then government House leader gave notice of a closure motion. That notice, too, was challenged, which brings me back to Speaker Fraser's ruling. On December 15, 1988, at page 78 of Debates, the Chair said:

From a careful reading of this Standing Order, it is clear that the closure motion may only be moved “immediately before the Order of the Day for resuming an adjourned debate is called”.

In addition, this may only be done if notice of the intention to move closure has been given orally in the House by a Minister of the Crown at a previous sitting. While the Standing Orders specify when the motion can be moved, and how notice is to be given, they are silent on when notice may be given.

The Hon. Member for Ottawa-Vanier argued yesterday that notice could only be given after debate had begun. Standing Order 57 does not specify this. However, a search of numerous previous instances where notice of closure was given—going back to 1913 when the rule was first introduced—has failed to reveal an occurrence where notice was given prior to debate having begun.

It can be argued that merely because this has not happened previously that does not prevent it from being allowed in this instance; that the Standing Order does not specifically prohibit this and therefore it should be allowed.

After a very careful consideration of this point, I am more persuaded by the weight of precedent and practice. Taking into consideration the gravity of the measure to be invoked and the necessity of protecting the rights of the minority, it is my feeling and decision that the intention of the Standing Order as drafted and as it has been applied is to allow a majority to impose closure only after debate on the question has begun. This is to ensure that such debate is not unfairly or prematurely curtailed. In this instance, debate on the motion had clearly not begun when the Hon. Minister served notice.

In resumé therefore I find that the motion standing on the Order Paper in the name of the Hon. Minister of State is in order and may be moved and debated. However, I cannot accept the notice of closure on that motion as proposed by the same Hon. Minister yesterday. Such notice can only be given once debate on the motion has commenced.

Next, let me anticipate a counter-argument from the government pointing to time allocation proceedings concerning report stage consideration of Bill C-62, the GST bill, in April 1990. It is critical to distinguish between the two rules that govern time allocation and closure.

Earlier, I quoted Standing Order 57 with its reference to an adjourned debate. Time allocation, on the other hand, is regulated by Standing Order 78. Section 3 of that Standing Order, which applies to most time allocation motions, reads:

A Minister of the Crown who from his or her place in the House, at a previous sitting, has stated that an agreement could not be reached under the provisions of sections (1) or (2) of this Standing Order in respect of proceedings at the stage at which a public bill was then under consideration....

We have a critical difference here between “adjourned debate” for closure, and “under consideration” for time allocation.

Because a lengthy and complex ruling on the grouping and voting of report stage motions on the GST bill had been delivered and the various motions themselves had been proposed from the Chair, it could be clearly said that Bill C-62 had been under consideration when notice was given of a time allocation motion.

A critical maxim, applied judicially in statutory interpretation cases would be instructive here. It is that "Parliament does not speak in vain". That touchstone is elaborated upon in various entries in Sullivan on the Construction of Statutes, the leading Canadian authority on the interpretation of laws. I will simply offer two short quotes from the sixth edition. First is paragraph 8.14, which says:

Although ordinary speakers or writers require much co-operative guesswork from their audience, a legislature is an idealized speaker. Unlike the rest of us, legislatures are presumed to always say what they mean and mean what they say. They do not make mistakes.

Then there is paragraph 8.32, which reads:

It is presumed that the legislature uses language carefully and consistently so that within a statute or other legislative instrument the same words have the same meaning and different words have different meanings. Another way of understanding this presumption is to say that the legislature is presumed to avoid stylistic variation. Once a particular way of expressing a meaning has been adopted, it is used each time that meaning is intended. Given this practice, it follows that where a different form of expression is used, a different meaning is intended.

In summary, “adjourned debate” and “under consideration” are two different expressions and, as a result, carry different meanings. The use of closure requires an item to have been debated, not simply to have been proposed or otherwise placed under consideration. Government Motion No. 22 has not been debated and, therefore, closure on Government Motion No. 22 is premature and out of order.

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 1:25 p.m.


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Winnipeg North Manitoba

Liberal

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

Madam Speaker, first off, I would like to acknowledge, and express that we do appreciate the support coming from the New Democrats on this very important piece of legislation. I often find the NDP members are very quick to criticize the government in terms of the whole issue of timing. It does not matter what piece of legislation it is, they always say it is not fast enough.

I can assure the member across the way that whether it is the Prime Minister or the government as a whole, restoring balance and respect to Canada's public service has been a priority. In fact, I am standing beside the former minister of labour who brought in labour legislation. These are commitments that have been given to the labour movement in Canada.

We have seen humongous attempts to make sure our civil servants are receiving their agreements. When we took office, 0%, not one federal worker was under a negotiated agreement. Since taking office, we have been able to bring it from 0% to 90% of our civil service in two years. We compliment those who have been sitting at the table, sitting down in good faith.

This is a government that works hard to build that level of respect, and appreciation for the importance of our labour movement. We recognize that in order for Canada to advance, and to add to the strength of our middle class, we need to have healthy labour relations.

Would my colleague across the way agree that a healthy Canadian economy involves having good, positive relationships with the labour movement, and that Bill C-62

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 1:15 p.m.


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NDP

Scott Duvall NDP Hamilton Mountain, ON

Madam Speaker, I rise today to speak to Bill C-62, an act to amend the Federal Public Sector Labour Relations Act and other acts. I have heard some good feedback on this.

What struck me this morning were some of the statements made by the member for Louis-Saint-Laurent. He is a good friend. I really respect the person, but obviously, we have different ideas. He made statements about union bosses and union leaders and about the Liberals just saying “thank you” because some of the unions were putting money in and campaigning against the Conservatives in the last election. I want to say that I totally disagree with that. The unions were campaigning against the Conservatives, yes, but they were also supporting anyone who could beat the Conservatives, and that was because they have a very bad reputation for taking away gains from labour that people have fought for all their lives, and they wanted to make sure that those people never got back in power until they got their act together and started to respect what labour could do.

We are pleased that the government is finally moving forward to repeal legislation based purely on a backward ideology that forces public servants to go to work sick and that totally undermines the principle of collective bargaining. We have to ask what took the Liberals so long to bring this bill forward. What took them so long to act? Of course, this is a question many Canadians are asking more and more often about the current government. Why are the Liberals not keeping the promises they made during the election, and why are they so slow to act or are not acting at all?

The list of broken promises is far too long to list in the time I have today, but we all know about the Liberals' failure to support electoral reform, their failure to restore door-to-door postal delivery, and the failure to keep the promise to make government more transparent. We also know about their failure to support pay equity legislation, anti-scab legislation, and measures to increase retirement security. One of their most shameful failures is the unwillingness to protect workers' pensions.

We have heard over and over again expressions of sympathy from the Prime Minister and his Minister of Innovation, Science and Economic Development for Canadian workers, like those at Sears Canada who have lost severance and termination pay and health care and life insurance benefits. They now face reduced pension benefits.

Canadians need and expect more than their sympathy and their shallow talking points. They need action. They need the government to change Canada's inadequate bankruptcy and solvency laws. We have shown the Liberals how this can be achieved, but still the government fails to act or move to protect millions of vulnerable Canadians. As my friend from Timmins—James Bay is fond of asking, when is the government going to put the protection of Canadian pensions ahead of Bay Street profits? It is a very good question and a question millions of Canadians would like to know the answer to.

Let me come back to Bill C-62. New Democrats want to undo Harper's anti-labour legacy and build a fair framework for collective bargaining. We welcome the introduction of Bill C-62, which would formally put an end to measures introduced by the former government. We know that the government Bill C-5 and Bill C-34, both introduced last year, have been languishing on the Order Paper since their introduction. We hope that their being amalgamated into Bill C-62 means that the government is finally ready to move forward.

Bill C-62 would reverse the attacks by the former Conservative government on the collective bargaining rights of federal public service employees, and it should be passed without delay. This bill would repeal the power given to the government to remove sick leave from federal public service collective agreements so that it could be changed unilaterally, outside of the bargaining process. The bill would also restore some of the changes to the Federal Public Sector Labour Relations Act affecting collective bargaining, which the Conservatives had included in one of their budget implementation bills in 2013, such as those affecting the designation of essential services. New Democrats rallied against the Conservatives' agenda to curtail public service workers' right to strike. The Federal Public Sector Labour Relations Act was amended in December 2013 to remove the choice of dispute resolution being available to essential services.

In our 2015 platform, we promised Canadians we would stand up for public sector workers in light of the lost decade of Harper's union abuse. Supporting this bill makes good on that promise. A respectful relationship with the public service starts with safeguards to free and fair collective bargaining, not stacking the deck in favour of the employer.

Bill C-62 is aimed at repealing two blatantly anti-labour pieces of legislation introduced by the former Harper government: division 20 of Bill C-59 and Bill C-4. The first of these sought to unilaterally impose an inferior disability and sick leave management system on public servants, which was an unwarranted and significant attack on the rights of public service workers.

Bill C-4 would have drastically changed the rules for collective bargaining within the public service, giving the government full control over union rights, such as the right to strike and the right to arbitration. The government would have also determined what positions would be considered essential.

A key provision in the collective agreements of public service workers is sick leave, which allows full-time workers 15 days per year of leave for use in case of illness or injury. The previous Conservative government was determined to unilaterally change this provision by reducing the number of sick days from 15 to 6, eliminating banked sick days, and imposing a short-term disability plan for federal public servants.

The previous government claimed this change would have saved $900 million, despite evidence to the contrary. According to the 2014 parliamentary budget officer's report, “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 most employees who call in sick are not replaced, resulting in no incremental costs to departments.

Under the Conservative legislation, workers would have been forced to choose between going to work sick or losing pay for basic necessities. Its legislation would eliminate all accumulated sick leave for public servants, reduce the amount of annual sick leave to 37.5 hours per year, subject to the absolute discretion of the employer, and institute a seven-day waiting period without pay before people could access short-term disability benefits.

I want to comment that, because I come from a union background. I served the union for 36 years. We had that seven-day waiting period also, and we made great gains. We proved to the company that having a waiting period of seven days would bring in workers who were sick, causing other workers to be sick, which actually caused a downturn in production because there were not have enough workers on the job to produce the machinery. Therefore, doing that was a step backward.

Both the NDP and the Liberals committed to reversing the changes during the last election. Bill C-62 would repeal the offending legislation, thus restoring sick leave provisions to public servants for the time being.

Bill C-62 would also revoke some of the more offensive Conservative legislation, including: giving government, as the employer, the right to unilaterally define essential services instead of negotiating an essential services agreement with the bargaining agent; undermining 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; removing the bargaining agent's right to choose arbitration as a means of resolving collective bargaining disputes, making conciliation the default process, and undermining the workers in cases where the employer consents to arbitration by requiring arbitrators to give priority to Canada's fiscal circumstances relative to its stated budgetary policies. It also removed discrimination-based complaints by public servants from the jurisdiction of the Canadian Human Rights Commission. That to me is a shame.

While we fully support Bill C-62, we also know there is more to be done to dismantle the Harper government's legacy of anti-labour legislation. Some of those measures include restoring the Canada Labour Code provisions pertaining to the rights of Canadians to refuse dangerous work. That was gutted by the Harper government, a right that everybody wants when they go into a workplace. Too many deaths have happened, and it should not be determined by the employer. The Fair Wages and Hours of Labour Act should be reinstated, bringing forward pay equity legislation, as well as the federal minimum wage, bringing Bill C-7 back to the House of Commons, and respecting the right of RCMP members to associate and bargain collectively.

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 1 p.m.


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NDP

Wayne Stetski NDP Kootenay—Columbia, BC

Madam Speaker, I am pleased to be sharing my time today with the hon. member for Hamilton Mountain.

I am very proud to speak to Bill C-62. I congratulate the President of the Treasury Board for listening to Canadians and introducing this important legislation. I would also like to thank the NDP's labour critic, the MP for Jonquière, for her excellent work in supporting the bill.

When the former Conservative government chose to go after public sector workers' bargaining rights, it was certainly not a surprise. Conservatives are long-time opponents of democratic institutions like collective bargaining and freedom to associate. They see workers as a resource to be exploited and potentially thrown away, not deserving of fairness or respect.

The NDP fought the Conservatives when they introduced legislation to rob bargaining rights from our public servants, and we promised to work to restore those rights. Today, we are helping to keep that promise.

Still, for the Harper government to attack public servants' sick leave provisions, of all things, was shocking, and in the end, self-defeating. It is well established that workers who have sick leave protection will stay home when they get sick, and conversely, workers without sick leave will go to work, spreading disease among their co-workers. There is a cost to having a sick workforce. That cost, lower productivity and lost services, is higher than the cost of paying a worker to stay home.

A 2016 study quoted in Business Insider magazine said that evidence suggests that paid sick leave is tied to increased job stability and employee retention following illness, injury, or birth of a child, increased worker productivity, decreased worker errors, decreased accidents or injuries on the job, and when used to augment maternity leave, paid leave increases healthy babies, maternal health, and the duration of breast feeding, while also decreasing infant mortality.

That is why 128 nations around the world have paid sick leave for all workers, not just public servants. In fact, Canada is one of the few nations that lacks such a provision, putting us far behind many industrial and even non-industrial nations. According to the Center for Economic and Policy Research only three countries, the United States, Canada, and Japan, have no national policy requiring employers to provide paid sick days for workers who need to miss five days of work to recover from the flu.

Many states and cities in the U.S. have the same legislation as is in place in Europe. In Europe, the debate is not if a country should have mandated sick leave, it is how much the government should pay out, and nations compete to show they have not fallen behind.

I have a personal story. In my riding of Kootenay—Columbia, one of my staff was sick before Christmas with that flu and cold that was going around. She was off for six days. When she came back to work, she expressed how fortunate and pleased she was to have sick leave coverage included in the union contract. If we look at what the Conservatives had proposed, which was a maximum of six days of sick leave, it would have used up all of her sick leave before the year really even got going.

My daughter, Kellie, works in Vancouver at a private company where it is 90 days before employees get sick leave. She was sick last week, and in the end, will have very little money to cover her bills coming up over the next week or so. Sick leave is very important certainly to our young people, and having that in place is critical to both their job satisfaction and their financial security.

Sick leave is not the only provision the government is putting back into our public service labour laws. Conservatives also took away basic bargaining rights by giving themselves the power to unilaterally define essential services. This meant that public sector unions lost their biggest tool in negotiations: the right to strike. When an employer is not worried that their workers may walk off the job, they have little reason to negotiate fairly. The International Labour Organization, which is an agency of the United Nations, published a statement of principles concerning the right to strike. It said:

Without freedom of association or, in other words, without employers’ and workers’ organizations that are autonomous, independent, representative and endowed with the necessary rights and guarantees for the furtherance and defence of the rights of their members and the advancement of the common welfare, the principle of tripartism would be impaired, if not completely stripped of all meaning, and chances for greater social justice would be seriously prejudiced.

A similar provision in the province of Saskatchewan was struck down by the Supreme Court of Canada in 2015, with the court saying:

The right to strike also promotes equality in the bargaining process. This Court has long recognized the deep inequalities that structure the relationship between employers and employees, and the vulnerability of employees in this context.

While strike activity itself does not guarantee that a labour dispute will be resolved in any particular manner or that it will be resolved at all, it is the possibility of a strike that enables workers to negotiate their employment terms on a more equal footing. What would be the result of taking away democratic and fair bargaining mechanisms? It would be a workforce that has little reason to stay, little reason to succeed. It is a policy that defeats itself and hurts all Canadians, so I am pleased to see the government repeal this provision.

Before our government colleagues pat themselves on the back too strenuously, however, I must again remind them about the terrible state of negotiations, currently, for many of our public servants. As I have said in the chamber before, Canada's border security officers have been without a collective agreement now for almost four years. These officers, who protect our nation from smugglers, illegal arms, and drugs and who provide compassion and aid to returning Canadians and refugees alike, are being treated with disrespect by the Liberal government.

I have quoted before from a letter I received from a border security officer who lives in my riding of Kootenay--Columbia, and I will repeat that now:

It is further hoped that that current Liberal Government will engage in good faith bargaining and rightly recognize that the CBSA, along with its hard working employees, are indeed legitimate Law Enforcement Officers employed by a legitimate Law Enforcement Agency. All told, we are only seeking what a reasonable person would consider fair and just, and trust that the Liberal Government will come to the same conclusion.

Like the border security officers, RCMP officers are suffering under the neglect of the government. It is losing members to provincial and municipal forces, where they receive better pay, better equipment, and better treatment. It takes incredible commitment, and I really commend any officers who stay with a force that cuts their benefits and will not keep up with critical equipment and training needs or offer them the respect they so rightly deserve. RCMP members are forbidden from taking their grievances to the public service labour relations board, and they are forbidden from engaging in negotiating tactics such as strikes.

Finally, let us look at our own Parliamentary Protective Service officers. Every day we come to work on Parliament Hill, they are here to protect us, to greet us, and to put themselves between members of the House and those who potentially wish to harm us. On top of that, they provide assistance to our visitors and to tourists, Canadians who want to come to this place out of pride and respect. Sadly, the Liberal government is not treating our House of Commons security personnel with respect. The government has refused to negotiate in good faith, and we are once again seeing these officers wearing green hats with a banner that says “Respect” to protest their treatment.

My NDP colleagues and I will support Bill C-62, as we have always supported fair and democratic workers' rights. This legislation, however, does not solve all the problems created by the former Conservative government, nor does it answer the urgent need for the Liberal government to return to the bargaining table with its law enforcement and security officers, a problem that is quickly creating a crisis across this nation and one the Liberals can solve by respecting fair negotiations everywhere.

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 12:40 p.m.


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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, it is a privilege to stand in the House today and speak to Bill C-62, an act to amend the Federal Public Sector Labour Relations Act and other acts. This legislation and the subject matter with which it deals is not only important to me as a parliamentarian and a legislator, but also professionally. I was fortunate enough to spend 16 years working as director of legal resources for Teamsters Union Local 31, where I represented workers and the union in all facets of labour relations and human resources. I am well aware of the very strong need to have fair and balanced labour legislation in this country.

To that end, New Democrats are very pleased to see this legislation introduced and will be supporting the government as it moves the legislation through the House. As with all pieces of legislation from the Liberals, it is not exactly what we would like to see and it does not go quite far enough, but it definitely goes a large distance in re-establishing that balance in Canadian labour law that Canadians by a large majority want to see.

Specifically, Bill C-62 is aimed at repealing two blatantly anti-labour pieces of legislation that were introduced by the former Harper government. That was division 20 of Bill C-59 and Bill C-4. The first of these, the former Bill C-59, sought to unilaterally impose an inferior disability and sick leave management system on public servants, an unwarranted, unjustified, and significant attack on the rights of public sector workers to freely and collectively bargain their benefits. Bill C-4 would have drastically changed the rules for collective bargaining within the public service, giving the government full control over union rights such as the right to strike and the right to arbitration. The government would have also determined what positions would be considered essential, again, unilaterally.

The New Democrats fought vigorously against the government's attempt to introduce that legislation in the previous Parliament and we have fought vigorously in this Parliament to repeal the Conservatives' move to take those regressive steps.

To examine these provisions in a bit more detail, a key provision in the collective agreement of any worker, and in particular public service workers, is sick leave, which allows full-time workers, in the case of the public sector, 15 days per year of leave for use in case of illness or injury. The previous Conservative government was determined to unilaterally change that provision regardless of the wishes or desires of the majority of employees whose benefit it was, by reducing the number of sick days from 15 to six; eliminating entirely all accumulated banked sick days, in other words, wiping out accumulated benefits that public servants had accumulated for years; and imposing a short-term disability plan for federal public servants.

I pause here to say that many people in workplaces in Canada do have short-term disability plans. Others have accumulated sick days and each of those systems has its pros and cons. The point, however, is that in a unionized environment the way to come to a determination about what those benefits are is through collective bargaining. It is the employer and the union sitting at a table engaging in free collective bargaining and doing the inevitable trade-offs so that they come to a negotiated settlement. It is not by one side, in this case the employer, bringing down the unilateral hammer to impose its will on the other side regardless of the wishes or interests of the other side, but that is what the Conservatives did in the last Parliament.

The previous government also claimed that this change would save $900 million despite evidence to the contrary. According to the 2014 parliamentary budget officer:

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

In practice, of course, the PBO found that most employees who call in sick are not replaced, resulting in no incremental cost to departments. The punitive reason given by the previous Conservative government, that it would save money, once examined by an independent officer of Parliament, was found to be completely unsubstantiated.

I am going to pause here and just say there is something else the previous Conservative government said would save about that same amount of money, and that was the introduction of the Phoenix pay system. The Conservative government laid off, I think it was approximately 800 or 900 payroll workers across this country in the federal civil service, and instead bought a computer program that was developed by an outside private contractor. It then concentrated a much smaller workforce in New Brunswick to handle payroll issues for the entire country.

At that time the Conservatives, with their ideological mantra of privatization and smaller government said we would save money. How did that work out? Here we are, three or four years later, and the federal public payroll system is in utter chaos. Hundreds of thousands of public servants have had errors in their pay, have not been paid at all, or have been overpaid. Any time a federal public servant changes their status, whether they move up a category to fill in for someone on a temporary basis or to take a promotion, their pay inevitably gets completely confused.

We now know that it will cost somewhere in the billions of dollars to repair this colossal, irresponsible undertaking. Conservatives always try to convince the Canadian public that they are best managers of the public purse. I hope Canadians remember this. Here are examples where the Conservatives made moves, punitively, to save money that ended up costing taxpayers billions of dollars and implementing decisions that actually made the situation worse.

I am going to pause here for a moment. I want to talk a little about unionization. My friends on the Liberal side of the House are standing up and strenuously advocating for the right to unionize. I heard my friends in the Conservative Party asking what stops anybody. In this country, what stops people from unionizing is the law.

It is currently the law in Canada that employees who work on Parliament Hill are prohibited from unionizing, by law. There are certain groups that have always been prohibited from being certified at labour boards, people like articling students in law firms, interns in hospitals, and other groups. However, on the Hill, successive Liberal and Conservative governments, for decades and decades, have made it impossible for MPs' own staff to unionize.

When Canadians watch this and see Liberal and Conservative MPs stand up and say that they believe in unionization and the right to free collective bargaining, one might ask why they do not believe in that right for their own employees.

The New Democrats, in contrast, have recognized this right by voluntarily recognizing a union to represent the employees of members of Parliament here, and have done for decades. We have signed successive collective agreements that give superior wages, superior benefits, superior job force protections, and safer workplaces, because New Democrats have voluntarily extended the benefits of unionization to our staff.

I say it is time for the Liberals and Conservatives to jump into the 21st century. I call on them to repeal that law that prohibits their own employees from applying to a labour relations board and being certified.

I also want to talk generally and philosophically about different approaches to our economy, and where workers and legislation like this may fit in. It has been my experience, and it is my assertion, that the best performing economies in the world have three features. They have strong, responsible governments, strong business communities, and strong labour movements. All three of those factors come into play and I believe are key foundational elements of not only strong economies but just societies.

One only has to think of countries like Norway, Sweden, Germany, or any of the European countries that, year after year, top all metrics and measures of happiness and prosperity. When we look at what the core features of those countries are, it is always those three features: a strong democratic government, strong business communities that are innovative, and strong labour movements whose rights are respected. That is why this legislation, which seeks to undo some of the most egregious anti-labour and anti-union initiatives of the previous Harper government, is so timely and overdue.

I want to talk a bit about what this legislation would do for essential services. I think everybody recognizes that there are some jobs in society that are just so essential to the safety of the public or the functioning of our society that we accept there are some limitations put on the right to strike. However, the mechanism of determining who those people are and in what numbers is left to negotiation between the parties and, ultimately, to an independent third-party arbitrator at a labour board if there is disagreement. What the Harper government did, and what this legislation seeks to change, is that it allowed the employer to unilaterally determine who is essential and in what numbers, again tilting the balance of the management-labour relationship completely in favour of the employer and upsetting years and years of established labour tradition and law in this country.

This legislation would also fix a problem where the previous legislation sought to undermine workers by limiting the opportunity for unions to refer differences and collective agreement disputes to arbitration for ultimate resolution. All in all, I am pleased to see this legislation come forward. I am pleased to see legislation that, once again, puts some respect back into the public service so that the federal government, of whatever stripe, Liberal, Conservative, New Democrat, Green, it does not matter, is compelled to treat the civil servants of this country in a manner that is fair and respectful.

Many features go into a democracy. It is not just about putting a piece of paper in a ballot box every four years. There needs to be an independent judiciary, a non-corrupt police force, a free and diverse media, an informed electorate, and a professional civil service. The civil servants of this country perform an invaluable service, not only to the people of this country and the taxpayers who pay their bills, in delivering the services that people need, but they play an integral role in upholding our democracy, because governments come and go but the civil service stays. It is its job to professionally serve the government of the day and faithfully administer and execute the policies that the government, which is democratically elected in our country, may choose. Therefore, treating those employees with the upmost respect, respecting them as workers, respecting their ability to engage in normative collective bargaining in this country, is a principle that must always be respected, and this legislation would do that.

I congratulate the government for bringing it forward and New Democrats will support it wholeheartedly.

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February 1st, 2018 / 12:35 p.m.


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NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Madam Speaker, I know that my colleague is quite fond of constitutional questions. I have one for him.

In a recent decision, the Supreme Court of Canada struck down Saskatchewan's essential services law as unconstitutional. That law contains provisions that are similar to those in Bill C-34 and Bill C-62.

Does my colleague agree that it is important to have essential services legislation that respects the opinion of the Supreme Court of Canada and, accordingly, that we should update the measures of the previous Conservative government?

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February 1st, 2018 / 12:25 p.m.


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Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Madam Speaker, I am very pleased to speak in this august House for the first time in 2018. We were elected in 2015 and here we are in 2018 already. Life goes so fast. I would like to wish all of the citizens of Beauport—Limoilou, many of whom are tuning in today, a very happy New Year, health, prosperity and happiness. I am very happy to have seen them throughout Parliament’s winter break and during door-to-door events and various activities, including the Christmas gala at my constituency office. I thank them for attending in large numbers.

It is unfortunate that the member across the way has left, but in February 2016, the Gartner report said quite clearly that the Phoenix system had major problems and should not be implemented. The report also featured some important recommendations that would have allowed us to avoid the considerable problems now facing public servants, if only the Liberal government had shown as much wisdom as we have, and followed those recommendations and if it had not given the project the green light in February 2016.

I would like to respond to certain allegations by my Liberal colleagues today, but I must first say that Bill C-62 is an outright abdication by the executive for electoral gains. In 2015, we Conservatives were forced to call an election four months early because the major unions in Canada would not stop making electoral expenditures day after day, week after week, to help either the New Democratic Party or the Liberal Party, because those parties had apparently given them what they wanted. They absolutely wanted to defeat the Conservatives and were spending millions of dollars on advertising against us on television, on the radio and in print media. That is why it was the longest election in Canadian history. We were honourable and we had to respond to those daily frontal media attacks from the unions. We therefore triggered the election campaign to be able to use electoral funds ourselves to respond to those attacks.

Without even realizing it, the member for Vaughan—Woodbridge accurately described this bill when he said that his government is working hand-in-hand with the major unions. He could not have said it better. With Bill C-62, the government is not only abdicating its responsibilities to the benefit of big union bosses, who claim to be great leaders who want to protect workers, but it is also returning the favour to the major unions that supported the Liberal Party in 2015 to bring down one of the best governments in the history of Canada. In 10 years, the previous Conservative government got Canada through the biggest economic crisis in world history since the Great Depression in 1929 and 1930. In short, it is shameful that these unions interfered in an election campaign without the support of their members.

Furthermore, I am fed up of hearing our colleague from Winnipeg North portray himself as the paragon of universal virtue, as if the Liberal government was the only one to have good intentions and to work for the well-being of public servants, for Canadians and for humanity. It is completely ridiculous. Every Canadian government, be it Liberal or Conservative, works for the well-being of this country. Will they one day stop harping on about these platitudes, telling us that Conservatives do not work for the well-being of all Canadians or all of humanity? It is utter nonsense, and I am starting to get really fed up. It is extreme arrogance. We respect public servants, and that is why we had two objectives when we introduced Bills C-377 and C-525.

First, we wanted to ensure the sustainability of public service pensions. If there is one thing we can do to show respect for our public servants, who work very hard for Canada, and keep the government apparatus running smoothly, it is to ensure that, when the day comes, they will retire with honour and dignity, and have access to a sustainable, vital pension that really exists.

When we came to power after the era of Paul Martin and the Liberals from 1990 to 2004, we had to face the facts. Not only had millions of sick days been banked, be we could foresee some major deficits in the public service pension fund in the following decades. Together, both of these things threaten not only existing pension funds as they now stand, but also access to these pension funds for any public servant retiring in the next 10, 20, 30 or 40 years.

We have so much respect for public servants that we made difficult decisions for them. They are not the executive, the government is. We made decisions to ensure that they could retire with dignity when the time came. That was Bill C-377. There was also Bill C-525 to promote democracy in labour organizations and unions in Canada.

This House is one of the most democratic in the world, if not the most democratic. Is it any wonder that we did everything in our power to further promote democracy within unions?

It is unfathomable that one of the first things the Liberals did after arriving on Parliament Hill was to try to repeal the provision of Bill C-525 that allows for a secret vote at union meetings. There are sometimes thousands of people at union meetings. There is intimidation. There is strong-arming. Things get rowdy. Not all Canadians have the courage to voice their opinion, as they may be afraid of being bullied. Have we not been talking for weeks and months about the many types of bullying in Canadian society? In the world of unions, there is bullying. It is no secret. It is a huge factor.

We were working not only for public servants, but also for workers. We wanted to give them a secret ballot so they could vote transparently and without fear of recrimination to determine the direction of their union leadership and the decisions made.

With the Liberals, we are dealing with a party that is completely blind. It is blind to the sustainability of pension funds in the public sector and sometimes the private sector. It is even blind to the sustainability of insurance for seniors in Canada. We made a decision that I found to be very interesting as a young man. I am now 31 years old and was 27 at the time. We decided to raise the age of eligibility for old age security from 65 to 67. That was probably one of the most courageous decisions for an OECD country, for a G7 country. It was clearly something that needed to be done.

When he was a Bay Street tycoon in Toronto, the Minister of Finance wrote a fantastic book in which he said that this was exactly what needed to be done and that Mr. Harper’s government had made a very good decision.

The member for Winnipeg North should set a better example for all his colleagues. He should stop being arrogant, truly work for public servants, resolve the problems with Phoenix, and stop claiming he has the moral high ground.

We worked for workers with Bill C-525 to give them a secret ballot. We worked with public servants to ensure the sustainability of their pension funds with Bill C-377.

I will close by saying that Bill C-62 is an abdication by the executive in favour of the major unions. The purpose of this bill is to reward them in order to obtain electoral gains in 2019.

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February 1st, 2018 / 12:20 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I listened to my colleague's intervention, and there was little substance that had to do with the issue at hand. In fact, this morning, all we have been hearing about from the other side of the House is Phoenix. We know the reality of the situation is that the previous Conservative government fired 700 compensation advisers whose direct jobs were responsible for what Phoenix was overtaking. It is like leading me to the front door of a house that is burning behind me and saying that I can always go back in if I want, but that is literally impossible because we are too far down the road.

Let us talk about the actual legislation, because that is clearly what the other side is avoiding. Bill C-62 specifically seeks to make changes to Bill C-59, introduced by the previous government, which had to do with removing a federal employee's ability to bank sick days. To make matters even worse, before that bill was even passed, they put it into the budget for 2015 as a decreased liability.

I want to ask the member across the way if she thinks that is a responsible and fair way to be negotiating and working with our federal employees and their unions.

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February 1st, 2018 / 12:10 p.m.


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Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I am always pleased to take part in the debate in the House. First, I would like you to know that I will be sharing my time with my hon. colleague, the member for Beauport—Limoilou, who is a strong champion of Canada’s two official languages. I thank him for the exceptional work that he does for us and for the Constitution.

Today, we are discussing Bill C-62. My Liberal colleague spoke about the big difference between the Conservatives and the Liberals. That big difference is the code of ethics. The Conservative Party could never be accused of not behaving ethically. One of our ministers had such respect for ethics that she had to resign over a $16 glass of orange juice. If some people across the way find that funny, maybe it is time they asked their Prime Minister to reimburse taxpayers for his trip, which was deemed illegal by the Ethics Commissioner. Maybe the man I see laughing on the other side of the House should read all the newspapers published this week.

If the Liberal government opposite truly wants to defend public service workers, it should begin by putting an end to its outrageous expenses. When the Prime Minister travels and 400 bottles of wine are purchased on the aircraft, the taxpayers pay for that. It makes no sense. Whether Conservative, New Democrat, Liberal, Block, whatever else, it is unacceptable to make taxpayers pay for 400 bottles of wine on an elite trip on a government aircraft.

It is also unacceptable that the Prime Minister, who was found guilty not two, not three times, but four times by the Ethics Commissioner, refuses to answer questions in the House and repay taxpayers. It is outrageous.

Then, there are the two omissions in Bill C-62. While we debate this bill, thousands of workers are still without pay because of Phoenix. There are members here who are prepared to provide evidence to show that, beginning in 2016, giving the green light was deemed counterproductive. It was not us who did it, it was the Liberals. They have been in office for two years and they have spent two years accusing others and refusing to assume their responsibilities.

Accordingly, I will obviously be opposing Bill C-62 for two reasons. First and foremost, I am much closer to ordinary workers than union leaders who fill their own pockets. We still do not know where that money goes, and that bothers me. It also bothers me that people across the House claim to be great defenders of workers and then table this type of bill that aims primarily to thank the unions for spending so much money to defeat the Conservatives in the last election. In my opinion, this is a terrible bill, as it serves to thank the friends of the party in office, a party with so many friends that new lists keep popping up, whether on the subject of marijuana or these abhorrent unions.

This party is becoming truly vile. We are used to it since Gomery; this is nothing new.

I will get back to Bill C-62. If the Liberals truly want to help people, if it is really in their DNA to help average people, maybe it is high time that they solve the Phoenix problem.

People have come to my riding, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, because they work for the federal government in the neighbouring riding of Beauport—Limoilou and have not been paid for eight or nine months. People who have been overpaid have also come to see me. They are trying to return the money, but they do not know where to go, because no one will answer their questions. There are actual people living through this every day.

As the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, I will not support Bill C-62 because it goes against ordinary people, the middle class, and it helps the big union bosses more than average people. For that reason, I will be voting against this bill.

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February 1st, 2018 / 11:50 a.m.


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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, the Prime Minister, prior to the last election, met with and listened to a large number of public servants and a number of individuals that were leading the bargaining process. What we found was that when the Conservatives brought forward Bill C-59 in the insensitive manner they did, there was a great deal of resentment toward the government and a great deal of harm done to labour relations. The Prime Minister acknowledged that a Liberal government would commit to repealing those actions by the Conservative government. That, in good part, is what today's legislation is all about. Bill C-62 is the result of a campaign commitment made by the Prime Minister and this government.

I am wondering if my colleague could tell us how important it is that we fulfill that commitment, therefore re-establishing a healthier relationship with labour.