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 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 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.

Elsewhere

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

Votes

May 16, 2017 Passed Motion respecting Senate amendments to 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
May 16, 2017 Passed Time allocation for 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
May 30, 2016 Passed That the Bill be now read a third time and do pass.
May 11, 2016 Passed 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, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
May 11, 2016 Failed
May 11, 2016 Passed That, in relation to 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, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 1:50 p.m.


See context

Liberal

Michel Picard Liberal Montarville, QC

Mr. Speaker, as a result of the RCMP's unique nature, there are police forces at every level: municipal, provincial, and federal. Whether we are talking about contract policing or federal policing with federal laws, the RCMP is a unique entity given its overall national environment, the way it is organized, and the nature of its work.

It is true that the RCMP is seen as a quasi-military organization. There are many reasons we can list as to why the RCMP is a unique entity. However, these men and women put their lives at risk every day to protect the lives of others and, for that reason alone, they deserve exemptions that prevent problems on the ground and keep them safe.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 1:50 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I wish to follow up on something that I was discussing with the Parliamentary Secretary to the President of the Treasury Board earlier, which is the reason why it is so important to have harassment as an item subject to collective agreements in Bill C-7. I am very disappointed it is not there. The reason it should be there is that in a collective agreement there is the possibility and an ability to have it put into a framework. Right now if members of the RCMP complain of harassment they have no access to legal counsel, no support, and no peer support and can be subject to further harassment while awaiting a decision. We really should have a measure in this bill that gives the men and women of the RCMP the ability to set up a free, open collective bargaining framework that protects them if they are being harassed.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 1:50 p.m.


See context

Liberal

Michel Picard Liberal Montarville, QC

Mr. Speaker, I invite the hon. colleague to maintain this question at heart, because we do share the same preoccupation when it comes to harassment.

In terms of this specific issue, we understand that it is part of the exclusion because it is clear in the mandate letter that was addressed to the Minister of Public Safety that we have to address this specific issue. There are solutions to erase this issue, which appears to be imperfect at the moment. However, it is a tough issue and we believe that, with the engagement we have through the Minister of Public Safety, we will address and correct the situation properly without jeopardizing any negotiations with respect to the exclusion aspect.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 1:50 p.m.


See context

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I would like to thank my colleague for the speech he gave today.

According to the comments made by some of the people who are involved in this matter, it would seem that the bill does not quite meet the criteria set out by the court in its ruling on this issue. This will be the second bill introduced in the last short while that does not meet the court's requirements.

Could my colleague at least address the court's ruling? Does he think that the bill before us today meets the criteria established? Some people think that this bill does not fully meet those criteria, as one might have expected.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 1:55 p.m.


See context

Liberal

Michel Picard Liberal Montarville, QC

Mr. Speaker, I would like to thank my colleague for his question.

I would like to remind the House of something that was said by the party opposite and that we completely agree with. The court was very clear on two things: the RCMP must be given the choice as to whether to become unionized and the union must be independent from RCMP management. Those are two criteria that are set out in the court's decision. There are two others, but those are the first two criteria that the bill presents to Parliament.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 1:55 p.m.


See context

Liberal

Anthony Housefather Liberal Mount Royal, QC

Mr. Speaker, I want to commend my colleague on his excellent bill and his excellent speech.

Earlier, I asked the hon. member for Elmwood—Transcona a question about collective agreements for police officers. I do not agree that the majority of police officers in Canada have bargaining rights on issues that we have excluded from this bill.

Can the hon. parliamentary secretary to the Minister of Public Safety and Emergency Preparedness tell us whether these exclusions are different from those that apply to the majority of police officers in Canada?

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 1:55 p.m.


See context

Liberal

Michel Picard Liberal Montarville, QC

Mr. Speaker, I thank my colleague for the question.

Earlier I alluded to my past experiences as a former civilian member of the RCMP. I had the misfortune of monitoring the events at Dawson College over the internal radio, and I completely understand the importance of having a chain of command, which entails many of the things that we find in the exclusions. It is important for the exclusions to be maintained. It is hard to compare the RCMP with other police forces because the RCMP is just different.

Other police forces do not provide all the same services as the RCMP. When we see men and women putting their lives at risk on the ground, the chain of command is so important that it is essential to maintain a certain number of things within management. The work on the ground is what makes the RCMP so unique.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 1:55 p.m.


See context

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, just in relation to the timing of the bill itself, we all recognize the important work that RCMP members do in all regions of our country, and their ability to organize is long overdue. This would not be the first time we had a police organization in Canada being organized to form a labour negotiating board.

I wonder if the member would provide some comment on the fact that this is long overdue and we have nothing to fear because it has already been happening in many different forces in Canada.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 1:55 p.m.


See context

Liberal

Michel Picard Liberal Montarville, QC

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

Indeed, this is not the first time that a police force has unionized. The problem we have is that, considering the unique role of the RCMP, it is crucial that the organization that represents it specialize exclusively in the kind of work that characterizes the RCMP.

If the current vacuum goes on for too long, there is a risk that the agencies that come forward to represent RCMP members could create conflicts of interest if, by chance, a conflict arises whereby two sections of the same agency are in conflict because of any RCMP activity with or in a group that is also unionized with the same agency. In order to avoid that, it is absolutely crucial that they unionize with a specialized group, and the time has come to do so.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 3:20 p.m.


See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, it is indeed an honour to stand before this House and once again speak to Bill C-7, as it deals with our brave men and women of the Royal Canadian Mounted Police.

As I stand today, I was looking over my previous speech. I think it is incumbent that we do that once again. We should always remember the sacrifices, not only of our veterans but of those who put their uniforms on and run toward danger every day when others would run away.

RCMP members are moms, dads, sisters, and brothers. They are volunteers within our communities. They coach minor sports. They work with charities. They contribute to the health and wellness of our communities, not just when they have their uniforms on but every day.

We spoke previously of the legend of the Mountie from 1873, the North West Mounted Police, the 150 first recruits, who had the core values of integrity, honesty, professionalism, respect, and accountability. We talked about the legend of the Mountie always getting his man, Dudley Do-Right and Captain Canuck. We also talked about our national symbols of the red serge and the campaign hat, travelling internationally with Mounties in the promotion of Canada, and how proud we are of our RCMP force. These brave men and women are indeed our silent sentinels, so that we can rest comfortably every night. They face human tragedy and danger every day.

Today, we are talking about Bill C-7 and how it impacts the 28,461 members.

As we talk about the history of our RCMP, we should talk about what our RCMP members face today. Today, the RCMP is among the lowest-paid police force in Canada. It has slipped from the number one ranked police force in the world to well below that.

Mr. Speaker, I should also mention that because I was very excited and very passionate about getting into this speech, I forgot to mention that I will be splitting my time with the member for Barrie—Innisfil. I apologize for not mentioning that sooner.

The RCMP are paid 30% lower than their municipal colleagues. Morale is indeed at a low point. We are seeing the numbers every day. Regular force members are faced with increasing workloads and capacity. Time and again, our RCMP members' rights and freedoms are secondary to that, and to those who are committing the crimes.

Since 1974, RCMP members have worked under a non-unionized labour relations regime. They had a secondary group staff relations representative program, SRRP. This was the group that represented the members' rights to management. That was the only group that was able to collectively represent the interests of the employees and our regular force members to management. Despite the consultative role of the SRRP, management has always had the final say in all human resource matters.

In 2015, the Supreme Court ruled, in Mounted Police Association of Ontario v. Canada, that the existing labour relations program, the one currently in place, violated the rights and freedoms of RCMP members.

Under subsection 2(d), “freedom of association”, of the Canadian Charter of Rights and Freedoms, the Supreme Court found that indeed the rights and freedoms of RCMP members had been violated. Bill C-7 was introduced by this Liberal government in response to this decision last January. It was ruled that the Mounties should have the right to unionize and engage in collective bargaining. It should be noted that the RCMP are the only police force in Canada without that right.

The Liberals took this legislation a little too far. Bill C-7 contains a list of issues that are excluded from the bargaining table, as well as a controversial proposal to ship Mounties hurt on the job to the provinces they are working in. Among the items that were left out of collective bargaining were staffing levels, workplace harassment, sexual harassment, conduct, discipline, uniforms, and scheduling. These are clauses and issues that not just RCMP workers, but any workers should have. They should have the right for a safe environment, a safe workplace. They should have the right to a say in those areas.

The Conservatives and the opposition were able to strike down, through the Liberal majority on the committee, clauses 40 and 42. These are clauses that would have effectively moved RCMP members' health benefits to provincial entities. Indeed, workers' compensation claims would have been dealt with provincially. This would mean that Mounties would have a different standard of benefits, whether health or workers' compensation benefits, depending on the province they work in. Conservatives, through the committee, were able to strike that down. While this is a positive development, sadly, it took the spouses of existing and retired RCMP members to convince the Liberal government to finally see reason.

It was my sincere hope that through debate, the Liberals would listen to the other concerns, not just from the Conservative side but the NDP, and indeed other members in government, who also shared some of their concerns before the bill went to committee. We had hope on this side that by allowing that bill go to committee, there would be further amendments. Sadly, that was not the case.

Bill C-7 fails to support the brave men and women of the RCMP. It will take away their democratic right to a secret ballot and to negotiate other core issues that impact their work environment, their personal lives, and the lives of their families.

Let us talk about the democratic right to a secret ballot. The Conservatives will always stand behind the RCMP. We will always support legislation that allows for the democratic right for a secret ballot vote. However, we will not support legislation that so blatantly violates the wishes of its members.

I have been stopped a number of times on the street and in shopping centres. I have received emails and letters from RCMP members, wishing to be anonymous because they have been told not to speak about this issue. They have voiced their concerns about Bill C-7. Instead of forcing RCMP members to disclose their votes publicly, the Liberals should listen to the everyday rank and file, the RCMP members who are concerned that their vote will impact their workplace situations.

I think I speak for all members in the House when I say that we proudly support and defend the men and women who wear the RCMP uniform. We thank them for their service every day. However, we, as the official opposition, respect the Supreme Court's decision that RCMP officers are entitled to bargain collectively. Some Conservatives even voted in favour of Bill C-7 to get it to the committee, but we were only able to strike down clauses 40 and 42. The Liberal government, in its open and transparent ways, was unwilling to require secret ballot certification, an essential requirement in the democratic process.

We cannot support any legislation that would deny employees that fundamental right to vote in a secret ballot on whether to unionize. We do not use a show of hands or public petition in our democratic elections, nor should we in our workplace.

In closing—

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 3:30 p.m.


See context

The Assistant Deputy Speaker Carol Hughes

I am sorry, but the time is up. You will be able to add more during questions and answers.

The hon. Parliamentary Secretary to the Leader of the Government in the House of Commons.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 3:30 p.m.


See context

Winnipeg North Manitoba

Liberal

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

Madam Speaker, I find it unfortunate that the Conservatives have decided to vote against Bill C-7, given the importance of allowing our RCMP members to organize a union for collective bargaining purposes. I am a bit surprised. On the one hand, the member says that the Conservatives stand behind the members of the RCMP, but on the other hand, the Conservative Party would not support the unionization of RCMP members, which is something other law enforcement officers are already able to do.

Why does the member believe that not supporting the unionization of the RCMP is a good thing for its members?

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 3:30 p.m.


See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, it is not that we do not support the unionization of RCMP members. The fact is, Bill C-7 is such a stripped down piece of legislation that it would not allow our RCMP members, our everyday rank and file, to negotiate simple things, such as staffing, scheduling, or workplace harassment.

One other item is that we trust the 28,461 members to make life-and-death decisions every day. However, the Liberals will not trust that these members are able to vote or have a say on whether they want to unionize. It is not that we are against it, but we are against the non-secret ballot. Allow these members to have a say on whether they want to unionize.

Public Service Labour Relations ActGovernment Orders

May 30th, 2016 / 3:30 p.m.


See context

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, this is another example of what the Liberals have been doing lately. They are implying that if the bills they are putting forward, narrow and restrictive as they are, do not pass, there would somehow be a legal vacuum and RCMP members would lose their right to organize. That is not true. The Supreme Court decision will come into force and will allow the RCMP to unionize.

By the same token, my question is about the mistake I think the Conservatives are making by conflating the secret ballot with the way one organizes a union. Once the union is organized, it would be quite public as to who is a member of the union and who is not.

No one would be forced to join a union. If people do not wish to be associated with a union, they would not be a member of the union. There is no requirement of membership in any of our trade union facilities. There is a requirement to pay dues, because one receives the benefits of membership, but no one is required to join the union.

Therefore, I am not quite sure how the secret ballot for election applies to the idea of membership in a union.