Bill C-7 (Historical)

An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures

This enactment amends the Public Service Labour Relations Act to provide for a labour relations regime for members of the Royal Canadian Mounted Police and reservists. It provides a process for an employee organization to acquire collective bargaining rights for members and reservists and includes provisions that regulate collective bargaining, arbitration, unfair labour practices and grievances. It also amends the Royal Canadian Mounted Police Act to bar grievances related to the interpretation and application of a collective agreement or arbitral award, which are to be filed in accordance with the Public Service Labour Relations Act.
It changes the title of the Public Service Labour Relations Act and the Public Service Labour Relations and Employment Board Act and the name of the Public Service Labour Relations and Employment Board. It also amends that latter Act to increase the maximum number of full-time members of the Board and to require the Chairperson, when making recommendations for appointment, to take into account the need for two members with knowledge of police organizations.

The House resumed from March 22 consideration of the motion that Bill C-7, an act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other acts and to provide for certain other measures, be read the second time and referred to a committee.

Jim Hillyer

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

Mr. Speaker, I rise with a great deal of sadness, given the tragic news of the passing of our colleague Jim Hillyer. I want to add my voice to those of colleagues who have spoken and express my sympathies to his wife and children.

We have had discussions among the parties, and it is my hope that we can dispose of two quick procedural matters before we adjourn the House.

I believe that if you seek it, you will find unanimous consent for the following motion: that notwithstanding any standing order or usual practice of the House, on Thursday, March 24, 2016, the House shall consider Bill C-7, an act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other acts and to provide for certain other measures at second reading, and when no member rises to speak or at the expiry of the time provided for government orders, whichever is earlier, all questions necessary to dispose of the second reading stage of the bill shall be deemed put and the motion for second reading of the bill be deemed adopted on division.

Federal Public Sector Labour Relations Act

[Sheri Benson, NDP, Saskatoon West, SK]

Madam Speaker, I will be splitting my time.

As the labour critic for the New Democratic Party, it is my pleasure to rise in support of Bill C-7. However, as the labour critic, it is also my duty to rise to point out important aspects of the bill that I see are missing and need to be addressed.

Like many opportunities I have had to stand and speak to labour bills, I commend the Liberal government for moving forward, but I would ask it to move forward a bit faster, sooner, and to address issues that are missing.

The RCMP members have been prohibited from collective bargaining since 1918, and to this day remain the only police force in Canada without the benefit of a collective agreement to regulate and protect their working conditions. As we have heard in the House, 2016 is a good year for many things, and it is a good day for collective bargaining and the rights of working men and women in this country.

For our police officers working in the RCMP, the wait is finally over. Unfortunately, this group of police officers had to fight all the way to the Supreme Court to get this right, a right that their fellow officers and working men and women have had for a very long time. Like many victories, it is bittersweet, but it is a victory for these working men and women all the same.

In January 2015, a Supreme Court ruling found that the government had failed to establish permission for meaningful collective bargaining for the RCMP members that would not disrupt the stability of the police force or affect the public perceptions of its neutrality. Therefore in its ruling, it declared that the prohibition of collective bargaining for the RCMP members to be in violation of the Charter of Rights and Freedoms and gave the previous government one year to modify the legislation. I feel that the previous government showed its disrespect for these workers and this decision by not moving on this, leaving little time after the election to respond. Now we find that the Liberals are looking to push the bill through before the May 16 deadline.

The Supreme Court said that the limits on collective bargaining should be acceptable, if it could be shown that those limits are reasonable, demonstratably justified, and necessary to achieve the goal of maintaining an independent and objective police force.

This, of course, brings us to today and Bill C-7, and to my point about what is missing in the bill for working men and women in the RCMP. We have heard from others who have risen to speak and support the bill, but also from my colleagues on this side of the House, of our need to point out the important things that we feel are missing from Bill C-7 and need to be addressed.

They include a number of issues that most working men and women include in their collective bargaining, have a right to be involved in, and have as rights within their workplace. We feel that the most important exclusions are issues around staffing, deployment, unfortunately harassment, and discipline. These issues have the largest impact on the health and safety of RCMP members and are central to most of the public complaints that RCMP members have made about their workplace.

It would not come as a surprise that people would know that as the labour critic and a member of the New Democratic Party, we support and have supported the collective bargaining of the RCMP members. We have always recognized workers' rights to meaningful collective bargaining, and that those issues extend beyond the issues of pay and benefits alone. Good collective bargaining and good collective agreements also include a discussion and decisions with the employer and the employees on important issues around workplace safety and health issues. These can sometimes be as important, if not more important, to employees in bargaining.

As we know from the RCMP members, and from what we know about what is going on within the police force, these are some of the most pressing issues for these particular workers. They are very much linked to their working conditions around deployment, harassment, and discipline.

Instituting a collective bargaining system—

[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.

[Tom Lukiwski, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Madam Speaker, as I said many times in my earlier remarks, we believe that the majority of provisions contained in Bill C-7 are good. In fact, I think if the member took the time to really do a lot of research, he would find out very quickly that some draft legislation that our previous Conservative government was planning on introducing, but we got caught up by time, was eerily similar to the provisions contained in Bill C-7, except for one major provision, which is that the government does not want to allow secret ballots; we would allow them.

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

Madam Speaker, let us recognize why we have Bill C-7 here today. The Supreme Court of Canada made a decision, which in essence said that the RCMP, an institution we all hold very dear to our hearts, needed to be afforded the opportunity for a free collective bargaining process. As a result, we have legislation now that has been introduced by the Government of Canada in recognition of how important it is that we bring it about in a timely fashion.

I understand the passion with which the member talks with regard to Bill C-7, with respect to the secret ballots. I heard many of the very same arguments with regard to Bill C-4.

I would suggest to the member that he allow these pieces of legislation to go to committee—as Bill C-4 has done and, hopefully, Bill C-7 will to too, in a timely fashion—recognizing what we really want to do is to set the framework, something that RCMP officers from coast to coast to coast have been asking for: that is, the ability to have negotiations, free negotiations, which is something in which the Supreme Court has concurred.

I wonder if he could say something positive about the legislation, in terms of answering the call of the RCMP officers in responding to the Supreme Court of Canada.

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

Madam Speaker, I have good news for the member for Moose Jaw—Lake Centre—Lanigan. Under this legislation, Bill C-7, the Public Service Labour Relations and Employment Board will have both tools available—either a secret ballot or a card system—and it can apply the one it believes will give the fairest and most representative outcome.

I do not even want to say how many times the member has made allegations that are simply not true. This is available, and it will be a neutral board. There will not be employer interference or other interference. A neutral board of up to 12 members would determine which of the tools would be appropriate.

I want to ask the member this question. Bill C-525, which he was saying such nice things about, was brought forward by the Conservative government with no consultation, yet with evidence from their own research—which they hid—that suggested that bill was going to undermine labour relations and unions. That was on the one side.

On the other side we have Bill C-7, which would give a neutral board options for how to have the votes held so that they can do it in the interests of the RCMP members and there has been full consultation by RCMP members.

Which one is the more democratic? Which one gives the most freedom of choice of those two options?

[Tom Lukiwski, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Mr. Speaker, I appreciate your assistance in trying to get the chamber a bit more organized and a little more quiet. It is surprising, because normally when I stand to speak, members opposite hang on every word. Therefore, it was a little disturbing to find out here were actually people in here who did not want to hear what I had to say.

When I concluded my remarks prior to question period, I was in the midst of telling all members about my history both with the RCMP and the union movement in Canada.

In particular, with the union movement, I mentioned that my father had been a senior member of the United Steelworkers of America. In fact, he was the western Canadian head of the United Steelworkers of America. He trained Ken Neumann, who is now the national director of the United Steelworkers of America. Therefore, I have an intimate knowledge of the union movement.

I recall my father taking me on many occasions to union meetings when I was extremely young. I was never quite sure why he did that. It was either (a) an obligation to his babysitting commitment to my mother, or (b) he was trying to groom me to become a labour representative or a union representative such as himself. I suppose, in retrospect, if it was (a), he succeeded admirably and if it was (b), he failed miserably. Nonetheless, I was able to observe many things from these meetings, these union gatherings that I went to.

One of the things that struck me then, and it certainly continues to strike me now, was the fact that in the vast majority of cases whenever there was a vote to be cast at a union meeting, whether it would be a local union or a larger gathering of several locals, the votes were always public. I could not understand that because it was obviously something I believed, even at a young age, should be done in private.

However, I also saw the opposite side of the coin. Back in the early 1960s, when my father tried to organize a potash mine in Esterhazy, Saskatchewan, he would go down there with sign-up cards and get a number of the workers in the potash mine to sign those cards indicating their preference to unionize. Then mysteriously many times those same members who signed the cards would no longer be employees of the potash mine. That was pure and simple intimidation.

I have seen intimidation on both sides of the ledger. I have seen union members try to intimidate or at least pressure some of their fellow co-workers into voting in a particular manner. I also know from first-hand experience that there has been pressure or intimidation from the management side to try to influence the vote of certain workers. Quite frankly, that is unacceptable. I think most Canadians would feel that it is as an affront to natural law, justice and absolute fairness in our country.

The way to get over that is to have secret ballots. If union members were able to vote freely according to their own beliefs in a secret ballot environment, intimidation would not play a part in this whole process. Management would be unable to successfully intimidate employees and union members would not be successful in their attempts to pressure or intimidate their co-workers. A secret ballot provides the assurance that each and every union member would be able to vote according to his or her conscience and beliefs.

For example, I have seen strike votes where unions get together in a public environment and have to vote in favour or against a strike by a show of hands. I have experienced first-hand some very serious pressure and intimidation. If union leadership wanted a strike to occur, many members who may not want to go on strike because they could not afford to take a reduced salary or no salary at all because they had mouths to feed at home were pressured into voting in favour of their union boss' belief that a strike was necessary. That is just as unacceptable as it would be if a management member tried to intimidate a union member or a non-union member into voting against certification.

Secret ballots are the absolute solution and remedy to intimidation factors and tactics, yet the government feels otherwise. For some reason, it feels that Bill C-525, which allowed for secret balloting in either union certification or decertification, should be eliminated, and that changes to the Canada Labour Code should be enacted to go back to the old system. I just cannot agree with that.

Although I believe that Bill C-7 is on balance a worthwhile piece of legislation containing many provisions that I agree with, the single provision that does not allow for secret balloting on union certification or decertification makes it impossible for me to support this particular piece of legislation.

One could present an argument that the system that had been in place for many years, whereby petitions could be circulated and cards could be signed, was appropriate, but that certainly has not proven to be the case in the majority of provinces across Canada. In fact, in the majority of provinces in Canada, provincial legislation deems that secret balloting must take place in determining either certification or decertification of a union, and it has worked well.

I could also share from personal experience conversations I have had with many rank-and-file union members, who have expressed the same concern that I am expressing here. That is the concern that their right to vote freely has been impugned because of the public nature of voting within many unions.

Let me simply say that while Bill C-7 contains many solid provisions that support the RCMP and allow its members to determine their own fate when it comes to unionizing and enjoying collective bargaining, and while many of those provisions we heard earlier in debate today protect them on many other fronts, the single fact that the government does not see fit to allow one of the most fundamental tenets in democracy, that being secret ballots, makes the bill absolutely unacceptable to me and, I am sure, to all my colleagues on the Conservative benches.

What is the solution? Frankly, we have heard many times before, particularly from the Parliamentary Secretary to the Leader of the Government in the House of Commons, that committees should take a stronger and more active role in determining legislation in the House. That is a position that I quite frankly agree with and support, so we are simply asking that an amendment be considered at committee that would allow this legislation to include the provision of secret balloting before being presented to the House in its final form for third reading.

I do not know whether or not that is going to happen. I could assume that we will be able to move an amendment at committee and engage in debate, but I sense quite strongly that despite the nice words from the parliamentary secretary to the government House leader, their committee members will be whipped and instructed to vote against any amendment that the official opposition brings forward in relation to secret ballots.

Once again, I find it extremely difficult to stand in this place and completely understand how the government can defend that position. Every one of the members of this place was elected by secret ballot. The Speaker of this chamber was elected by a secret ballot. Why is that the case? Why is it the case that in almost every democracy in the world, secret ballots have been accepted as the norm?

The government seems to be swimming upstream. Why is it doing that? Quite frankly, Liberals made a number of commitments during the election campaign to try to gather support from the union movement in Canada. One of them was the commitment to repeal Bill C-377 on union transparency. Another was the commitment to repeal Bill C-525, which allowed for secret balloting in certification and decertification votes. I suppose on the one hand they are keeping their commitment to their election campaign platform, but it flies in the face of any democratic institution that we know of.

There is one other point I would like to make. It has been mentioned several times in today's debate, primarily by the member for Spadina—Fort York, that Bill C-7 does not disallow the RCMP from determining their own fate when it comes to a secret ballot. He says they are able to vote for certification or non-certification by secret ballot if they so choose. That is factually incorrect. Because of the provisions in Bill C-4, which would change the Canada Labour Code, the RCMP would not be able to choose a secret ballot even if the majority of their members wanted to.

I would point out to the member for Spadina—Fort York that what he is attempting to state in the House as fact is absolutely just the opposite. It is factually incorrect. Because of Bill C-4, the RCMP would not have the ability to vote for union certification, should they desire, in a secret ballot environment.

I would suggest to all members of this place that if one were to poll rank-and-file members of the RCMP and simply ask them if they would be in favour of a secret ballot process for certification, the overwhelming majority of non-union members would state yes, they want a secret ballot.

I have spoken with a great many RCMP members. I have spoken in the House of my close relationship with many members, both present and past. Almost to a person, when speaking about the certification process, these members say they would prefer to have a secret ballot.

I firmly believe that whenever the vote is taken, RCMP members will vote to unionize. I have that sense. However, they should be allowed to do so in a secret ballot environment. They should be allowed to cast their ballot knowing full well that no one else will know how they voted. That is something we hold dear in our country, yet the Liberals seem to be reversing the democratic will of the people by forcing public notification of union certification votes. That is unacceptable.

I can assure the House that on this side, unless an amendment is brought forward to reverse the secret balloting provisions and allow for secret ballots in union certification votes, members on the Conservative side will be voting against Bill C-7, and for good reason.

The House resumed consideration of the motion that Bill C-7, an act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures, be read the second time and referred to a committee.

[Tom Lukiwski, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Mr. Speaker, members in this place who know me and who know me well know that I am an unabashed supporter of the RCMP.

I come by that support honestly, I believe. I have many friends currently in the RCMP whom I still consider to be very close to me, I have many retired members of the RCMP whom I see frequently, and unfortunately I have had many friends in the RCMP who have since passed.

As I am a representative from Saskatchewan and have lived most of my life in the city of Regina, home of Depot, one can understand my affinity for the RCMP and the work it does on behalf of all Canadians. However, to me it is more than just the friendships and the relationships I have gained over the years with members of the force. It is far more personal than that to me. My mother's first husband was an officer of the RCMP who was killed on duty at Depot. That has stayed with me my entire life. It reminds me, and I think it should remind all members in this place, of the inherent dangers that RCMP members face each and every day in the course of their duties.

I, unfortunately, have attended far too many funerals of members who have lost their lives in the course of their day-to-day duties. I was in Edmonton 11 years ago to attend the funeral of those brave officers who died in Mayerthorpe. I can say without equivocation that it is still the most emotional ceremony I have ever attended.

I take no pride in saying that I have attended these ceremonies. It is with great sorrow that I make mention of them, because it reminds me again that we as Canadians, and particularly as parliamentarians, should be doing everything that we can to support the RCMP in all of their endeavours.

The RCMP is iconic. Many members before me have spoken of that. They have spoken of the international acclaim rightly accorded the RCMP. It is the brand that I think most Canadians take pride in. In fact, a survey done not too many years ago indicated that the RCMP had the strongest brand of any organization in the world, second only to Coca-Cola. I would suggest to the House, as I have suggested to many officers within the RCMP, that the brand is so enduring because of the exemplary work that it has done over the years, starting in 1873 with the North-West Mounted Police and continuing on until 1920, when the RCMP, the modern-day RCMP as we know it, was formed.

This national police force of ours is, in my estimation, one of the best, if not the best, police force in the world. Notwithstanding the challenges that the RCMP has faced over the last number of years, most recently about sexual harassment within the workforce, the force continues to be a thriving and very necessary force in our lives. It is part of our culture. That is why I am so pleased to be able to speak on Bill C-7, which fundamentally affects the way the RCMP organizes and goes about its business.

Before I get into some of the details of Bill C-7, let me also say that I have a great background in and a great knowledge of the union movement in Canada. There may be members on the benches opposite who will accuse me and some of my colleagues of being anti-union and say that we are not supporting Bill C-7 because we are fundamentally and ideologically opposed to unions. I can say from my standpoint that this statement is certainly not true.

I was born and brought up in a union household. My father was formerly the head of the western Canadian division of the United Steelworkers of America. In fact, he mentored the current national director of the United Steelworkers, Ken Neumann. I still see Ken very often in the airports. We talk fondly about my father and the influence my father had on Ken and the work he is doing today. I can absolutely say without hesitation and without equivocation that I understand the role and, I would suggest, the necessary role that the union movement and the labour movement has in Canada.

However, there are many aspects of that movement and of unions themselves with which I have very fundamental and profound disagreements. With the Speaker's permission, I will get into those disagreements and into the content of Bill C-7 shortly after question period concludes.

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Mr. Speaker, I am honoured to have the opportunity to speak in support of Bill C-7, a new labour relations framework for RCMP members and reservists.

This legislation marks a significant milestone in the history of both the RCMP and Canadian labour relations. With the passage of this bill, for the first time RCMP members and reservists would have the same collective bargaining rights as other police forces in Canada. They would be able to choose an employee organization to represent them in labour negotiations with their employer, the Treasury Board of Canada.

Specifically, this bill proposes to amend the Public Service Labour Relations Act and the Royal Canadian Mounted Police Act to create a new labour relations regime for RCMP members and reservists.

There are a number of particularly noteworthy aspects of this legislation that I would now like to highlight.

The bill would give RCMP members and reservists the right to have an independent bargaining agent of their own. It would provide for a single national bargaining unit for reservists and RCMP members appointed to a rank. In order to be certified as the bargaining agent for the RCMP bargaining unit, an employee organization would be required to have the representation of RCMP members as its primary mandate. Moreover, the process provided under the Public Service Labour Relations Act would be used to exclude other managerial and confidential positions. This means that the bill would exclude officers at the inspector level and above from representation.

As well, the Public Service Labour Relations and Employment Board would be the administrative tribunal for collective bargaining matters related to the RCMP bargaining unit, and grievances related to collective bargaining would be addressed. The board would be required to take into account the unique operational reality of the RCMP. As members know, due to public safety and security considerations, RCMP regular members are not permitted to strike. This would continue under the new regime. Instead, the dispute resolution mechanism would be binding arbitration, which is consistent with other police forces across the country. That is the essence of the bill.

The bill is a targeted response to a Supreme Court of Canada ruling, and is meant to address its decision. As a government, we respect the Supreme Court and are committed to providing the RCMP with legislation that brings its labour regime in line with the Supreme Court ruling.

Let me provide a bit of background.

The bill is the end result of a decision of the Supreme Court of Canada issued more than year ago in January 2015. At that time, the court ruled in the legal case cited as Mounted Police Association of Ontario v. Canada (Attorney General). It found that some federal legislation and regulations relating to RCMP labour relations were unconstitutional because they prevented the formation of an independent RCMP employee organization. As such, they contravened the freedom of association guarantee enshrined in paragraph 2(d) of the Canadian Charter of Rights and Freedoms, according to the Supreme Court.

The Supreme Court gave the Government of Canada until January 16, 2016, or 12 months, to consider its options and respond with a labour relations framework that is compliant with the charter. The government took steps to bring the law into compliance with the Supreme Court ruling.

This past summer, the Treasury Board Secretariat engaged an independent consultant to survey regular members of the RCMP. The purpose of these consultations was to canvas the RCMP regular members' views on the potential elements of a labour relations framework that would allow them to choose their representatives and bargain collectively.

The process consisted of a survey and town hall meetings. More than 9,000 regular members completed this survey, and more than 650 participated in town hall meetings. Their feedback was then compiled into a report, which was posted on the secretariat's website on December 7, 2015. This report was helpful in contributing to a legislative framework that would be in line with the Supreme Court's ruling.

We have taken a fair and reasonable approach to examining this complex matter. This necessitated careful consideration of the next steps, including consultation with regular members of the RCMP, and with the provinces and territories with RCMP police services agreements. Now, after more than a year of consideration and consultation with the RCMP regular members, and within the Canadian jurisdictions that contract for RCMP services, the government has acted on what it has learned.

The bill we have tabled today is the next step. It would give RCMP members and reservists greater independence from management and freedom of choice in labour relation matters. This is indeed a historical occasion for our national police, and I am proud to speak in support of this carefully considered piece of legislation.

The bill is very much in keeping with our belief in fair and balanced labour relations. Engaging in collective bargaining is a right long since exercised by other police forces in Canada, and we think it is time to extend that right to the RCMP.

I urge all members to support this bill and ensure that those Canadians who dedicate themselves to defending the law have their constitutional rights defended by the law.

[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.

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

Mr. Speaker, it is a privilege to rise in the House today to speak to Bill C-7 as well. I concur with my colleagues who have just spoken in regard to the bill.

I had the opportunity, particularly in the Kamloops area at an earlier age, to work with RCMP members who actually came down to play hockey with us when I worked in that fair city a number of decades ago. The Sakaki family gave me my first opportunity to work in that community and the opportunity to play hockey with these RCMP officers as well.

Of course, that is what we are talking about here today: the RCMP officers who give their lives and work every day on behalf of Canadians to keep us safe.

I rise to express my concern regarding Bill C-7. The bill has some worthwhile and necessary provisions, as has been pointed out by some of my colleagues. However, the bill continues the Liberal tradition of bowing down to unions at the expense of democracy and increasing the power of unions at the expense of some of their members.

The Supreme Court's ruling makes it clear that the current regime must be updated to give RCMP members a greater voice in their workplace while continuing to to ensure public safety. However, certain provisions of the bill are thinly veiled attempts to pay unions back for their support of the Liberal Party in the last election. These are the parts of the bill that make it a bit undemocratic.

I stood in the House recently to speak against Bill C-4, the Liberals' first attempt to pay unions back for their election support. That bill was also deeply problematic. The timing of it could not have been more opportunistic in its attempt to make the government's own collective bargaining process easier at the expense of union members.

That bill also scaled back one of the most important rights of union members, the right to participate in a secret ballot on certification and decertification. We have seen that the government side is afraid of the words “secret ballot”. What are they afraid of? I would suggest they are afraid of democracy in this situation.

The combination of Bills C-4 and C-7 leaves RCMP members without a secret ballot vote on future union drives. The result is that a certification could occur through intimidation and undemocratic pressure tactics that are all too common with card check certifications. I believe strongly in giving workers the right to a vote that is free of intimidation prior to being forced to join, pay dues to, or be represented by a bargaining agent.

As I have said before, each hon. member in the chamber is here today because the residents of their constituency chose to give them the most personal thing they possess, their vote. As elected members of the House, our highest duty is to defend the democratic principles that brought us here. The secret ballot is the highest pillar of this process. It is difficult for me to believe that the Liberals have the nerve to argue that the public servants at the front line of Canadian safety do not deserve their democratic rights.

Our brave RCMP officers put our safety above theirs every day when they get up to go to work every morning and on every shift. Without them, we would not have the rule of law. Without them, many resolutions of the House would be worth less than the paper they are printed on. Without them, Canada would not be the free and safe society it is today.

Our RCMP stand up to criminals in some very dangerous situations. They rely on their fellow officers, their team, to have their backs. Bill C-7 would make our RCMP officers less safe by encouraging internal conflict within RCMP ranks. It creates a climate in which a union could pressure its members into signing their support. This really means that certain RCMP members would be pressuring others, creating tension and conflict while destroying trust.

Just as during election campaigns when candidates ask for the support of their friends and neighbours by going door to door, union representatives would be able to go from officer to officer to try to pressure them. As many of my hon. colleagues will know from their own campaign experience, while many people mean the support they promise, many people on the doorstep just want us to get off the porch or do not feel comfortable saying no to our face.

Without a secret ballot to guarantee the rights of public service workers, the potential for intimidation is disturbing. We all know that the potential for workers to be intimidated by their unions is very real. While this is serious for all workplaces, it is even more serious for a workplace where having a cohesive team can mean the difference between injury and safety, between life and death, as in the RCMP.

The Liberals have absolutely no good reason to get rid of this vital check. With the beginning of an important process for the RCMP, the Liberals are creating a problem that is easily avoided. The card check system allows for a workplace to be unionized without letting all employees have their say, and it could proceed with a significant portion of the workers having no idea that it was even going on.

The bill narrows the democratic legitimacy of an RCMP union and scales back the rights of our hard-working officers to select their representatives and determine their own fate. While the current regime must change to give our officers a greater voice in the workplace, it has to be done correctly.

As the bill currently stands, it sends a terrible signal to the men and women who keep us safe, a signal that the Government of Canada does not care about them. During the Conservatives' time in government, we consistently supported the RCMP, CSIS, and public safety agencies by modernizing legislation and increasing their budgets to ensure that these forces had the right tools to keep Canadians safe.

Right now, the RCMP is contracted to provide police services to eight provinces and over 150 communities. As the representative of the constituents of Brandon—Souris, I represent several such communities. I know first-hand the quality and professionalism that many RCMP officers of my riding bring to the job every day. We depend on them to keep us safe and are grateful to them for their service.

Not only would the officers in my riding have fewer democratic rights as a result of an unamended Bill C-7, but the communities that pay for their services would experience great hardship if labour costs dramatically increased. If our small communities cannot afford policing, nobody wins.

I echo my colleagues in supporting an amendment to this legislation that would explicitly allow RCMP members the right to vote on whether to unionize through a secret ballot.

[Michel Picard, Liberal, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, I would like to thank my colleague for her speech and for sharing her interest in officers' compensation.

The exercise concerns BillC-7, and we have a very limited amount of time as we had to ask for an extension because the deadline had passed. I would like to give my colleague the opportunity to explain in a little more detail the basis on which the court is interpreting the process that the RCMP will use to decide on certification and whether there will be a secret ballot. I hope she will excuse my legal and technical ignorance. The court's simply requested that by May 16 we have a provision that will allow the RCMP to proceed.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I too am glad to rise on Bill C-7.

Before I begin to share some of my comments and thoughts, I would note that I will be sharing my time with the member for Brandon—Souris.

As I believe all of my colleagues have started their interventions on the bill, I would like to thank the RCMP who serve us every day. I am from British Columbia and have worked in rural communities. I do not think we can say enough of how important the RCMP are throughout our country, in terms on our safety and the work they do every day, which is sometimes dangerous. Also, there is the important pride and ceremony that they add to our lives.

Certainly as a nurse who worked in a small rural health centre, I remember many times when the RCMP would stop and check in. They wanted to make sure that we were okay. Of course, we were always very thankful, because it was a small community and we could have difficult patients. At a click of a button or a random stop-in, we knew that they cared about us and were there for us.

I also witnessed some of the horrific things they dealt with. They were at the scene of many accidents, and we would receive these patients in the emergency department. I understand some of the very difficult situations that they have to deal with.

I also want to make note of the danger. It was a little over a year ago in Kamloops, where I live now, when one of our RCMP members was doing a somewhat routine traffic stop. He was following someone who was refusing to stop. He got out of the car and was shot multiple times. Thankfully, he survived.

There is the very dangerous work they do every day, but, as important, I look at the pride when our RCMP members are dressed in the red serge and the tourists come and want their pictures taken. In Kamloops, whenever we require someone for ceremonial purposes, they are always there. We put in a request, and there is someone who is always willing to volunteer. Whether it be Remembrance Day, Canada Day, or special recognition ceremonies, they are there for us. I, like everyone in the House, want to thank them.

Broadly, we do support Bill C-7 and the intervention of the Supreme Court. For the most part, I think the government has done a reasonable job in putting a piece of legislation forward that reflects the Supreme Court of Canada's decision. It has some flexibility, which is very important for the unique role of the RCMP.

Having said “broadly”, I will talk about the one or two issues that we do have with the bill. However, there is a piece that I want to highlight that is perhaps less known, that no one has spent much talking about it, which is the Government Employees Compensation Act. There are some elements of the bill that I would like to reflect upon, as perhaps some people do not know what the situation is currently.

With regard to the Government Employees Compensation Act, what we call GECA, clause 40 of the bill would remove the exclusion of RCMP members from the application of the workers' compensation scheme. Clause 42 of the bill would amend the Royal Canadian Mounted Police Superannuation Act by repealing subsection 34(1). There is a lot of technical language, and I will explain what it means in a minute.

There is also a complementary amendment being made to GECA. The legislation would amend GECA to remove the exclusion of the RCMP members, and amend the RCMP compensation act to ensure full coverage under GECA for RCMP members. This would allow these members uninterrupted access to third-party adjudication, specialized medical and disability claims, and management services for the workers' compensation boards. It is an important element of the bill.

For those who might not know, although I think most people are very familiar with it, every province in Canada has what they call a workers' compensation board or, as we call it, employees' compensation. That is where firemen, loggers, or people in a desk job who are injured on the job or exposed to occupational health and safety hazards have the boards deal with issues of work-related injuries and disabilities.

Actually, until I became a member of Parliament, I never really thought about how our federal government employees were covered in terms of workers' compensation. For a number of years, there have been contracts with every compensation board across the country. People working at a fisheries office in British Columbia are covered by the system in British Columbia. Our Canada Revenue Agency employees working in Prince Edward Island have coverage through the Government Employees Compensation Act. The members of the RCMP have never had that support. They had an internal system that dealt with their issues.

As members might imagine, the workers' compensation boards have developed a lot of expertise in a number of different areas. This is expertise that could not be duplicated in a very small system, such as perhaps a small group within the RCMP. I will give a few examples. The boards have realized that prevention is significant and important, and there are amazing results in terms of prevention. Obviously, there are a lot of medical staff and programs and services, including occupational therapists and physiotherapists with ability and expertise in assessing workplace injuries. Some people would say that the RCMP is unique and would wonder whether this would work. I would argue that the boards deal with police services, provincially and municipally. They deal with firefighters, and a number of others. I think that the expertise that will come to bear is very important expertise.

The adjudication process, the third-party assessment, will be a much fairer system. This is a significant change. It is not a change that we have talked about in this House very often. We have not debated it as part of the legislation. However, I think it is important that we highlight the exclusion of the RCMP to the Government Employees Compensation Act. Not only did we work on it prior to this being introduced, but this is a piece of the legislation that we are very supportive of.

I need to conclude, but I have to talk about the secret ballot. It is ludicrous that the government members cannot even say the words “secret ballot”. The decision on whether to unionize or not is a difficult decision. It is a very personal decision. The RCMP members, in my conversations, have had a lot of struggle with that issue. The card-check method is very public. Someone who might be their friend puts a card in front of their face and wants them to sign it. Pressure comes to bear, and the pressure can come from either the employer or employees.

In my heart of hearts, I truly cannot understand why the government has moved away in terms of its secret ballot. It is not guaranteeing the right for the RCMP to have a secret ballot on an issue that is so divisive and personal. It is absolutely essential that this legislation allow what votes all over do.

My colleague earlier talked about card checks and whether we want a card check for our federal government system. That is the one area that I think Conservatives have particular concerns over. I do think there are some good elements of this bill that appropriately respond to the Supreme Court of Canada's decision.