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.

Public Service Labour Relations Act

[Kelly McCauley, Conservative, Edmonton West, AB]

Madam Speaker, I am sharing my time today with the member for Mégantic—L'Érable.

I am very pleased to be following the wonderful speeches made earlier today honouring our colleague, the Leader of the Opposition.

I am pleased to speak to the government's motion respecting amendments brought forward by the Senate to Bill C-7.

I want to acknowledge, in the same manner that my colleague from Brandon—Souris did, that the Conservative Party respects the Supreme Court's decision that RCMP officers are entitled to organize and bargain collectively. We recognize the great work of the men and women of the RCMP.

In much the same manner as Bill C-4, which is currently back before the House, the Senate has demonstrated a willingness to apply democratic principles to flawed legislation. I welcome this attention to democracy from the Senate and I am pleased to speak in favour of the Senate amendment regarding secret ballots, which the government has chosen to ignore in practice and attack in debate.

I have to openly wonder why it took the government 11 months to respond to amendments from the other place. The amendments from the Senate are substantially similar to the amendments to Bill C-7 last year when it was before committee. Last year, the government ignored the amendments as this legislation was deemed, in its words, too critical, so critical, in fact, that the government invoked time allocation to rush it through this House. Now, though, it appears that every bill is critical, of course, as time allocation seems to be used on every bill that the government bumbles through the House.

Upon receiving amendments from the Senate on this so-called critical bill, the government then promptly sat on the bill for almost an entire year. The Parliamentary Secretary to the President of the Treasury Board claims the government was “doing the thoughtful, careful analysis required to explore the whole portfolio of amendments made by the other place and to come forward with our response to have a robust regime for collective bargaining for the RCMP.”

I was personally shocked that she missed mentioning a whole-of-government approach and helping the middle class and those working to join it as an excuse for the delay. Let us rush the bill through because it is absolutely critical and then sit on it for an entire year because the government needs to carefully and thoughtfully consider the analysis. Why the government did not do that originally when drafting the bill or when similar suggestions were made in committee is beyond me.

Funnily enough, though, in spite of the government's odd stalling, Bill C-7 was, for the most part, a reasonable response to the Supreme Court's ruling on RCMP officers' rights to collectively bargain and organize. I cannot, however, endorse any bill that refuses to grant union members the right to vote in a secret ballot on whether to unionize.

I asked the Parliamentary Secretary to the President of the Treasury Board if she could tell us specifically why she thinks a card check system is better than a secret ballot system. In my question, I noted that secret ballots are used to elect members in this place, all the way down to simple acts like choosing high school student councils. On a question as important as whether or not workers want to join a union, why should those workers not be given the same priority?

In response, the parliamentary secretary criticized me for comparing the critical work of the RCMP to high school student councils. I do not take offence to such inane criticism from the member as it was evident she did not have a response to the uncomfortable reality that the government is endorsing anti-democratic principles.

In a follow-up question from my colleague from Calgary Rocky Ridge, the parliamentary secretary claimed that it is fairer to “restore the choice...for the Public Service Labour Relations Board to ensure whether the secret ballot or the card check system is in the interests of the members in a particular situation.” She also questioned why the RCMP should be “singled out for a more restrictive certification process than all the other groups that bargain with the government in labour relations.”

I have two responses to that. First, it is a poor justification for maintaining an anti-democratic system. It is an argument for keeping things the same because nothing else is changing. It is, frankly, a remarkably nonsensical excuse for denying democratic rights to workers and prospective union members. Second, we are not trying to single out the RCMP. We have consistently argued for the rights of union members and for the transparency of unions. Bill C-7 is one in a long line of examples where Conservatives have argued for greater transparency enshrined in law, which unions must follow.

Unions are like any employer organization. By virtue of their position, they necessarily have coercive power over their members and workers in a workplace. There is no logical reason why members opposite should argue that employers, through their scale and resources, possess undue power and influence over workers, but that unions, with their scale and resources, do not. Secret ballots balance out the power structure and ensure that workers come first.

The government has provided no indication that it recognizes the power imbalance and heavy entrenchment of unions, nor has it demonstrated any indication that it supports transparency in unions. On this side of the House, we believe in transparency, and we believe in legislation that strengthens the rights of individuals to make a choice free from intimidation.

When the parliamentary secretary asks why Conservatives want to single out the RCMP, the simple answer is that we will happily single out any organization for greater individual rights and greater transparency. RCMP members would be a good start, but all workers should know that this side of the House will stand up and defend their rights.

In a speech to the House last week, the member for Brandon—Souris reminded the House as follows:

...that in a briefing presented to the public safety committee, it was told that all previous certifications of public sector unions were done by secret ballot. By accepting this amendment, [the government] would actually treat the RCMP equally in terms of certification or decertification, as other public sector unions.

The parliamentary secretary is wrong for trying to justify anti-democratic legislation because current unions do not use secret ballots. She is wrong to argue that Conservatives are trying to single out the RCMP, because we have long argued for greater democracy and transparency. She is wrong to single out the RCMP because previous certifications of public sector unions were done by secret ballot, meaning that the Liberal government is actually singling out the RCMP for non-democratic treatment.

This is the second union-related bill that the Senate has sent back to the House with amendments calling for protection of the secret ballot certification process. It might be because the Senate has a point. Secret ballots are the only way to ensure union members can choose their future free from intimidation. The excuses put forward by the Liberal government do not justify denying democratic rights to workers.

I want to quote my friend and colleague the hon. member for Durham, who stated:

...my friends in the other parties are in Parliament not through a card check of their voters and their constituents but by their secret ballot vote, which is a fundamental tenet of our democracy.

It bothers me that we would suggest the federal government and the federal government's unionized work environment would have the same sort of intimidation stories you hear in relation to some private sector unionization efforts from years ago with unfair labour practices....

He is correct. The importance of the secret ballot cannot be understated, and must be upheld.

In researching some of the history of the secret ballot, I was reminded of the history of voting in the U.K., reading about the People's Charter written by the London Men's Working Association. As late as the mid-19th century, voting was still done by public show of hands at hustings. Given the prevalence of intimidation of voters, the demand for a secret ballot was one of the six key points of the People's Charter and the chartists' 1838 petition that “suffrage, to be exempt from the corruption of the wealthy and the violence of the powerful, must be secret”. The charter's points were not passed into law at that time. Unfortunately for all, the voting process was not made secret until the Ballot Act was passed in 1872. Voters in the U.K. fought for decades for secret ballots because it was the only method to protect their votes from intimidation. That the Liberal government is stuck in the mindset of the 19th century is quite disheartening.

In closing, I want to reiterate the comments made by my colleague from Brandon—Souris in quoting the hon. member for Carleton, who originally spoke on the legislation. He said that, in removing the right of a secret ballot, it was important to be very clear on what this meant. It meant that a union could take over a federally regulated workforce without there ever being a vote by a member from that workplace, and that thousands of employees from any number of federal employers could be forced to pay dues and be represented by a union for which they never had a chance to vote.

He noted that this would be particularly alarming when it related to the RCMP, an organization composed of members who put their lives on the line each and every day, in part to defend our democratic lifestyle. Therefore, it is great irony that members of the RCMP would be deprived of the most basic democratic right, which is the right to vote in secret on whether to certify a union, while they stand and defend our democratic rights.

I will reiterate my support for the Supreme Court's decision, and I firmly believe that RCMP members should be given the right of a secret ballot. I cannot support legislation that removes the ability of workers to choose their future, of their own volition and without fear of intimidation from anyone.

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

Madam Speaker, I thank my colleague for his speech.

I certainly do not have the legal knowledge that he does, however, what really struck me with respect to Bill C-7 was the report that the Civilian Review and Complaints Commission for the RCMP released on May 15 concerning workplace harassment in the RCMP.

According to the report, the RCMP does not have an appropriate appeals policy. Unlike public service employees, who have the right to appeal a decision on a harassment complaint in accordance with the procedure established in their collective agreement, RCMP members still do not have access to an impartial and independent appeal body.

The motion being studied would reject a Senate amendment making all grievances subject to the Public Service Labour Relations Act rather than the Royal Canadian Mounted Police Act.

Does the member disagree with the commission's findings?

[René Arseneault, Liberal, Madawaska—Restigouche, NB]

Madam Speaker, I am delighted to have the opportunity to participate in the debate on the motion presenting the government's proposed response to Bill C-7.

This bill takes a historic step in labour relations for the RCMP and in Canada. If the bill passes, RCMP members and reservists will for the first time have the same right to collective bargaining as other Canadians. RCMP members have a long tradition of exceptional dedication to their country. We just celebrated the 100th anniversary of the Battle of Vimy Ridge and it is fitting that we point out that many valiant RCMP officers fought in that battle.

In fact, during the First World War, the Canadian government initially refused to send RCMP members overseas. However, a good number of them did not accept this decision. They decided to leave the North West Mounted Police in order to join the Canadian Expeditionary Force. During the Battle of Vimy Ridge, these members fought with the Canadian Armed Forces and many of them served with distinction.

A century later, RCMP members are just as courageous. Whether fighting drug trafficking on the ground or dealing with organized crime in the trenches, they are on the front line of public safety and we must ensure that they are working in a safe environment.

As far as harassment is concerned, I can assure my colleagues that the government is taking this issue very seriously. The government and the RCMP are determined to create a workplace free from harassment. We want to ensure that there are solid processes in place to deal with allegations effectively and safely.

I want to thank Ms. Fraser and the Civilian Review and Complaints Commission for the RCMP for their work on the reports on harassment in the RCMP that were released this week. I also want to thank the courageous people who agreed to be interviewed for these reports. It is important that we all support the work of RCMP members and that we take all the appropriate measures to help them exercise their right to collective bargaining, which brings us to Bill C-7.

The Government of Canada is proposing this bill in response to an important ruling issued by the Supreme Court of Canada in January 2015. In that ruling, the Supreme Court found that the provisions that exclude members of the RCMP from the application of the Public Service Labour Staff Relations Act were unconstitutional because they prevented members from deciding on their own, like all other Canadians, whether they wanted to be represented by a bargaining agent.

I want to thank the Supreme Court of Canada for rendering that important decision, which has given us the opportunity to modernize the labour relations regime for RCMP members and reservists.

Bill C-7 gives members of the RCMP the freedom to choose, if they so desire, to unionize and bargain collectively through that union to make their needs known to their employer. It is the same freedom of choice enjoyed by all other police forces in Canada, which I think is important to point out.

The bill sets out to protect the rights of RCMP members while protecting Canadians and keeping them safe. The bill has been subjected to rigorous scrutiny by experts, stakeholders, and Senate and House of Commons committees, and we acted on their recommendations by making changes very early on in the process to things like how work-related injuries are handled.

In its response, the government accepted some of the amendments proposed by the Senate, amended some, and rejected others. Among other things, the government agreed to strike the RCMP-specific restrictions on bargaining and arbitral awards from Bill C-7 and to adopt a more targeted management rights clause.

These amendments will enable the employer and any future bargaining agent for RCMP members to hold good-faith discussions about issues that matter to RCMP members and reservists. This approach will preserve the commissioner's authority to manage the RCMP and ensure the operational integrity of the police service and the broader accountability of the RCMP for the safety of Canadians.

Certain limitations regarding issues that can be included in collective agreements and arbitral awards have been maintained. They are in line with existing provisions in the Public Service Labour Relations Act that apply to the rest of the federal public service.

The government is also rejecting the requirement regarding secret ballot voting to elect the bargaining agent who will represent RCMP members and reservists.

It is important to point out that Bill C-4 does not deny the RCMP the opportunity to hold this vote by secret ballot. All it does is allow the Public Service Labour Relations and Employment Board to decide what is best based on the circumstances, either a secret ballot or a card check procedure.

In addition, if the bill does pass, the chair of the Public Service Labour Relations and Employment Board must take into account the need to have at least two board members with knowledge of police organizations when making appointments.

Nor does the government want to expand the mandate of the Public Service Labour Relations and Employment Board to have it hear grievances on a broader range of issues relating to working conditions. This would be inconsistent with how the Public Service Labour Relations Act is applied to the rest of the public service and would create an overlap of appeal and grievance procedures that are established under the Royal Canadian Mounted Police Act.

Thanks to the government's proposed response, we have maintained the best bill possible because it takes into account countless hours of debate and healthy discussions. Accordingly, we must not delay any further.

As currently worded, the Public Service Labour Relations Act does not fully take into account the concerns and interests of RCMP members or their operational reality.

That is why we must move forward with Bill C-7 and implement a labour relations regime that provides RCMP members and reservists the freedom to choose to be represented by a bargaining agent and that takes into account the specific needs of a national police force.

[Nicola Di Iorio, Liberal, Saint-Léonard—Saint-Michel, QC]

Madam Speaker, as a member of the Standing Committee on Public Safety and National Security, I am pleased to have this opportunity to speak in support of the government's proposed response to the amendments to Bill C-7.

I will be sharing my time with the member for Madawaska—Restigouche.

Our proposed response to the amendments is in line with our stated position. In this response, we demonstrate our support for the dedicated and proud members of Canada's national police service. Who could be more deserving of such support than the dedicated and proud members of Canada's national police service who protect Canadians on so many fronts?

Members of the RCMP come to work every day with the goal of serving Canada and protecting Canadians. They are the people who protect the Governor General, the Prime Minister and other ministers of the crown, visiting royalty and dignitaries, and diplomatic missions. They are the people who participate in international policing efforts, who safeguard the integrity of our borders, and provide counterterrorism and domestic security. They are the people who enforce our federal laws against commercial crime, counterfeiting, drug trafficking, and organized crime. They are the people who provide policing services under contract to eight provinces, the three territories, and more than 150 municipalities.

This bill, with amendments, helps support those who protect us, and these men and women who are recognized as a symbol of Canada around the world deserve our respect.

In addition, over the past few years, the RCMP has taken action to promote a respectful and healthy workplace. For example, a new code of conduct was implemented that specifically identifies harassment as a contravention of the code. Harassment in the workplace is an issue the Government of Canada takes very seriously. Discrimination based on gender or sexual orientation, as well as bullying and harassment, is simply unacceptable.

What is more, in February 2016, the Minister of Public Safety asked the Civilian Review and Complaints Commission to undertake a comprehensive review of the RCMP's policies and procedures on workplace harassment, and to evaluate the implementation of the recommendations the commission made in 2013.

In addition, in July 2016, the Minister of Public Safety announced the appointment of Sheila Fraser as a special adviser. Her role has been to provide advice and recommendations to the minister regarding the application of various policies and processes by the RCMP after the filing of legal proceedings against the organization in four specific cases. The recommendations by Ms. Fraser and the commission will be carefully reviewed, and will inform further work on improving the workplace of the RCMP. I would like to thank Ms. Fraser and Ian McPhail for their work, as well as the many individuals who agreed to be interviewed and who provided information that led to the findings and recommendations.

I should also mention that the RCMP has launched the informal conflict management program and a five-year mental health strategy for all employees.

The RCMP has made great strides with the initiatives, programs, and policies it has implemented. These steps are important not only to the RCMP but ultimately to Canadians who rely on them for integrity and effective policing. Our proposed response to the amendments increases the scope of what can be discussed and potentially included in a collective agreement to include issues such as harassment.

Let me turn to the specifics of the government's response to these amendments. As I just stated, our government accepts the amendment to remove the restrictions on what may be included in collective agreements and arbitral awards that are specific to the RCMP. This amendment ensures that the employer and any future RCMP member bargaining agent can engage in meaningful discussions in good faith on topics of importance to RCMP members and reservists. This amendment increases the scope of the issues that could be discussed at the bargaining table, issues that now include transfers and appraisals, and matters commonly associated with harassment, and general aspects of workplace wellness, such as the promotion of a respectful workplace and early conflict resolution.

It is in support of our national police service that we also accept, with some modifications, the amendment to include a management rights clause as part of the new labour relations regime for RCMP members and reservists. We have the utmost respect for the commissioner's authority to manage the RCMP and to ensure the operational integrity of the police service.

What is at stake here is the safety and security of Canadians. Keeping Canadians safe is a serious responsibility, and our government takes this responsibility seriously. We propose a more targeted management rights clause to focus on the authorities that the RCMP commissioner needs to ensure effective police operations. We do this because we also value the rights of the RCMP members and reservists, the dedicated men and women who risk their lives every day to keep Canadians safe.

With these two measures alone, I am confident that the motion before us today addresses the key concerns with the bill. We must preserve the restrictions on what can be negotiated that replicate those that have applied to the rest of the federal public service for over 40 years. We must also maintain the current mandate of the Public Service Labour Relations and Employment Board. Expanding this mandate to include all matters pertaining to terms and conditions of employment would result in two different grievance processes that might lead to conflicting decisions.

Finally, the government cannot proceed with the amendment requiring a secret ballot vote to certify a bargaining agent to represent RCMP members and reservists. The secret ballot amendment is contrary to Bill C-4, an act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act.

Bill C-4, which was introduced in the House of Commons on January 28, 2016, seeks to repeal legislation adopted in 2013 that sought to undermine unions' organizing efforts. Bill C-4 puts the discretion of certification with the Public Service Labour Relations and Employment Board. Whether there will be a secret ballot or a card check, the board will make sure the members' interests are reflected in the choice made.

To conclude, as we celebrate Canada's 150 years, let us not forget one of Canada's most venerable police services, which is why our government urges all members to proudly support the proposed response to the amendments to Bill C-7.

[Tony Clement, Conservative, Parry Sound—Muskoka, ON]

Mr. Speaker, it is an honour to be here this afternoon to participate in the debate on Bill C-7, which is about labour relations within the RCMP.

For those watching at home, if they just joined this mini melodrama involving the bill, we are debating the Liberal government's response to amendments that were made in what we call the other place, in other words, the Canadian Senate.

To begin, I would like to say that Conservatives do accept the Supreme Court decision in the Mounted Police Association of Ontario v. Canada case. It is clear that members of the RCMP, despite the force's paramilitary heritage, have the right to collectively bargain. The key, however, is making sure it is done right. That is where I believe that the Liberal government has failed the test. It is completely unacceptable that we are considering denying RCMP members a secret ballot vote on the decision of whether and how to unionize.

Why could this be problematic? Let us look at the report that was released yesterday from Ian McPhail, the chair of the Civilian Review and Complaints Commission for the RCMP. May I say that I have known Mr. McPhail in various capacities for over 40 years? I know that is hard to believe, but it is true, and he has done a great deal of service to the Canadian public, I should say at the outset. Mr. McPhail and his team reviewed numerous complaints of workplace harassment, intimidation, and bullying within the RCMP. He even found that “the RCMP lacks both the will and the capacity to make the changes necessary to address the problems that afflict its workplaces”.

Of course, this report is of great concern. We believe that the government must take action now to restore the confidence of front-line officers in the RCMP in their management, and to restore the confidence of Canadians in the RCMP as a federal organization. That means a number of things. It means making sure that RCMP pay is in line with the pay of other police forces. It also means working to ensure the appropriate recruitment and retention programs.

There are many ways in which we can work toward this goal. Many ideas have been put forward in this regard. For instance, we could explore separating the RCMP into two forces, one that deals with contract policing on the ground and one that deals with federal policing. We could explore new recruitment methods that allow experts in various fields to move laterally into similar positions in the RCMP without having to start at the bottom. We could explore new ways of allocating caseload so that the level of burnout is not nearly as high as it is currently.

Unfortunately, the legislation before us today does none of these things. What these amendments will do is to strip the approximately 28,000 members of the RCMP from the right to vote in secret on unionization. As I said before, it is completely unacceptable that rights that serve as the cornerstone of our democracy are being taken away from those who get up every day and go to work to keep us safe.

Why is the secret ballot so important? It is because that is the only guaranteed way to ensure there is no coercion, no intimidation, applied from any side of the argument. It would be to ensure that, no matter the rank and file or the seniority, all members of the RCMP are treated equally and fairly and, most of all, without any fear of repercussions on how they proceeded on collective bargaining.

A report was just tabled on the bullying culture that goes on in the RCMP, and yet the government is moving full steam ahead to deny the secret ballot, which of course guarantees further bullying in the future.

Many members in the House represent constituents who have been or who are currently serving members of the RCMP. In fact, there are currently RCMP members posted to Parliament Hill. They are part of our daily lives while the House is in session.

It seems passing strange to me that we would take action that would limit the rights of these people. There is no particular reason that the government would want to take away this democratic right of these members of the RCMP. It almost causes me to wonder whether there is some sort of ulterior motive, whether the government is using RCMP unionization as a bargaining chip with other public sector unions, which of course would be unfortunate.

Studies have shown that, when Canadians are given the right and the opportunity to choose by secret ballot whether to unionize, more often than not they choose to represent themselves. It seems that this old Liberal philosophy that, because workers may not make the same choice the government-knows-best Liberals in Ottawa want them to, they should not be entitled to make that choice at all.

We have seen this on many different files. From my perspective and the perspective of my colleagues, this is an intrinsic right that should be found in our legislation to make sure that the RCMP members have access to the secret ballot. This is not new law. This is not something that has come out of the mind of the caucus on the Conservative side that has no precedent. This is the precedent to allow the secret ballot on issues of importance that affect people's daily lives as employees, and certainly as people who wake up every morning to protect their community.

In closing, while there are some meritorious aspects of this bill—and let me explain again that we accept the Supreme Court decision with respect to the allowing of collective bargaining with the RCMP; we respect that decision; we accept that decision—this is a fatal flaw in the legislation that has been put forward to us, a fatal flaw in the legislation put forward by the Liberal government that denies a simple and well-accepted standard right, that of the secret ballot. This should not be allowed to happen.

I encourage my colleagues to vote against this piece of legislation. I encourage those on the other side to have a last-minute change of heart.

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

Mr. Speaker, it is actually disappointing that the member opposite strictly narrowed his remarks to the secret ballot issue. Is there nothing else important to the RCMP? Wait, in fact, that is not something that was asked for by the members themselves. In fact, the discussion on the secret ballot is well served in the debate on Bill C-4. That bill would put the discretion as to the certification methodology into the hands of the labour board.

How will the member explain to RCMP members in his riding that all the benefits of collective bargaining they would be acquiring through Bill C-7 are being rejected by his no vote because of a matter that is actually being handled under Bill C-4, different legislation?

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Mr. Speaker, I will be sharing my time with the member for Parry Sound—Muskoka.

Mr. Speaker, my colleagues and I have tremendous respect for the RCMP and appreciate and admire its work. We do not question the wisdom of the Supreme Court when it ruled that the current labour regime for the RCMP needs reform to comply with RCMP members' section 2 charter rights, which is why we supported the bill at second reading when it was first introduced.

What we disagree with is the disregard for democratic governance Bill C-7 contained when passed at third reading. We also disagree with the government's choice to reject important amendments to Bill C-7 wisely passed by the Senate.

This bill would enable RCMP members to unionize for the purpose of collective bargaining if they see fit to do so. This bill is not about whether the RCMP should or should not unionize, and I take no position on that question. Most of this bill is agreeable, but it does contain one pitfall.

As the official opposition's deputy critic for Treasury Board, my opposition to the bill, as passed at third reading, and my support for the amended version, which the Senate has returned to the House of Commons, arises from concern about the working environment it would create for members of the RCMP if passed without amendment.

Bill C-7 would not require a secret ballot to certify or decertify a union to represent RCMP members in labour negotiations. My fellow Conservatives and I cannot support the bill unless the issue is corrected.

I supported the bill at second reading, as did my Conservative colleagues, for one purpose. We wanted to send it to committee, hoping that the majority of members would accept sensible amendments to protect the RCMP members' right to privacy as well as their freedom of association. Conservative members argued that any decision to certify or decertify a union to represent RCMP members must include a secret ballot to protect members from undue pressure or reprisal. I will return to that point in a moment.

The Liberals rejected this amendment at committee and returned the bill for third reading, and now the Senate has sent it back to the House with amendments. Two of these amendments would require a secret ballot vote for certification.

The motion before us today states that the government:

respectfully disagrees with amendments 2 and 4(a) because the government has introduced legislation to repeal secret ballot provisions for other public servants...;

The motion also disagrees with other amendments the Senate made in recognition of the RCMP's unique structure and circumstances, which would require modifications to existing labour laws.

I am going to focus my remarks on the amendments on secret ballots and let other members speak to the merits of the other amendments.

Canadians should never feel unduly pressured when exercising their democratic rights as citizens of a free country. None of us should worry that third parties will keep track of our voting choice or seek to reward or punish as a result. As members of Parliament, we should know this well. We were all elected by secret ballot. Voters took their ballots behind a privacy screen, filled them in, alone with their conscience, folded them so no one could see their selection, and put the ballot in the box.

It is not too difficult to imagine how different Canada would be if political organizers, neighbours, ethnic or religious community leaders, employers, union leaders, friends, or even family members hovered over a voter's shoulder when voting in an election.

As my friend, the member for Carleton, mentioned on March 22, 2016, the rate of success for unionization drives appears demonstrably higher with a card check system alone than with a secret ballot, as workers who would prefer not to unionize appear to give in to pressure to sign petitions that would not be present under a secret ballot.

When members of Parliament selected Speakers of this House, they did so by secret ballot, in part to shield the Speaker from any appearance of partiality and to remove any doubt Canadians might have when the Speaker rules on any issue regarding a particular member.

Protecting individuals from undue pressure, recrimination, and reprisal should apply to Canada's national police force even more so than to parliamentarians, and certainly more so than at other workplaces.

Decisions to certify or decertify unions or associations significantly affect workplaces. How one votes or how one chooses can determine the course of many relationships if the choice is known.

In a hierarchical organization like the RCMP, which is modelled as a paramilitary force, with a clear chain of command, trust and confidence between ranks is even more important than in other workplaces. Superiors must know that their subordinates will dutifully follow orders. Subordinates must know that their superiors will exercise good judgment and not put them in harm's way without cause. Trust and undivided loyalty to the force is essential to police morale and the safety of its workers.

A card check system for union certification, in which everyone knows who signed the petition, creates rifts within the hierarchy. Such divisions have serious repercussions, especially for police morale. Secret ballots avoid these risks by protecting all members' privacy. Unless members discuss their positions with others or disclose how they voted, no one can be certain what a given member has chosen.

Secret ballots also better fulfill the spirit of the Supreme Court's case that gave rise to Bill C-7. Among other points, the court emphasized the need for meaningful representation, choice, and independence from management. A secret ballot enables meaningful representation by allowing workers to select the union they believe will best protect their interests. It shields them from undue pressure to vote for whoever pushes the hardest.

As my colleague from Carleton discussed when Bill C-7 came up at second reading, the bill gets it right in requiring any union representing the RCMP to do so as its primary mandate. Such a union could not be affiliated with another bargaining agent or association with a different primary purpose, and it could not be certified to represent any other group of employees.

Since the association would be composed of RCMP members representing their colleagues, secrecy at the ballot box would be essential to avoid resentment in the ranks if the association failed and needed to be decertified and reconstituted.

Secret ballots facilitate individual choice as the basis for consent to corporate decisions. They also facilitate representation independent from management by ensuring that members can freely reject a proposed representative if they consider the person to be too close to management.

I understand the reasons behind the government's rejection of amendments 2 and 4(a). I simply disagree. The rule of law demands that laws be consistent and treat similar things in a similar fashion. Since the Liberals are stripping other workers of secret ballot protection via Bill C-4, they say that it is therefore consistent for Bill C-7 to reject the secret ballot requirement for the RCMP.

The Liberals' decision today may be consistent, but it is wrong. They are wrong on Bill C-4, and the reasons they are wrong on Bill C-4 are amplified in Bill C-7 because of the very nature of the RCMP.

Instead of seeking to be consistent by refusing to extend secret ballot protection to the RCMP while repealing secret ballot provisions for everyone else, the government should do exactly the opposite. It should restore secret ballot protection for all federal workers and agree to amendments 2 and 4(a) to extend it to the RCMP.

If the Liberals value consistency, they should not argue that secret ballots for workers are somehow undemocratic. Each of them was democratically elected by secret ballot. Instead, they should acknowledge that secret ballots to certify unions are both democratic and consistent with secret ballots to select union leaders. They should join British Columbia, Alberta, Saskatchewan, Ontario, and Nova Scotia, which all require secret ballots for certification decisions. They should lead the way in having a consistent standard for workers across provincial and federal jurisdictions.

I conclude by encouraging all my colleagues in this House to protect the democratic rights of RCMP members by voting against today's motion and insisting that the government adopt the amendments from the Senate.

[Sven Spengemann, Liberal, Mississauga—Lakeshore, ON]

Mr. Speaker, I stand today to offer my support to the government's motion regarding Bill C-7, a bill that provides a new labour relations framework for RCMP members and reservists.

Since its beginning in 1873, when Prime Minister Sir John A. Macdonald introduced in this very House the act establishing the North-West Mounted Police, the RCMP has been an integral part of Canada's development.

As my talented and tireless legislative assistant, Adrian Zita-Bennett, advises me, we need only read our history books. When it came to bringing law and order to the Northwest Territories, the RCMP was ready and willing with its march west in 1894.

During the Klondike Gold Rush, the RCMP rose to the challenge of policing the stampede of people looking to get rich, and when it came to being the first ship to completely circumnavigate North America, the RCMP schooner St. Roch claimed that honour.

In World War I and World War II, the RCMP played vital roles, but despite their long and storied contribution to Canada, these members did not have full freedom of association with respect to collective bargaining. However, that has changed. The Supreme Court has removed the barriers that RCMP members face in exercising this right.

Bill C-7 provides the appropriate framework of labour laws that would govern the RCMP and ensures that RCMP members and reservists can be represented and bargain collectively, like other police services in Canada.

Bill C-7 has several key elements that reflect the clear preferences expressed by RCMP members during the consultations that occurred in the summer of 2015. Specifically, members indicated that they wanted a labour relations framework that provided for a single national bargaining unit, a union that is primarily focused on representing RCMP members, and the recourse to binding arbitration if a collective agreement could not be negotiated.

Bill C-7 creates this framework. It would do this by amending both the Public Service Labour Relations Act and the Royal Canadian Mounted Police Act to create a new labour relations regime for RCMP members and for reservists.

I rise today to offer my support to the government's response to the amendments of the Senate.

To begin, the government's motion accepts the removal of all restrictions on what may be included in collective agreements and arbitral awards that are specific to the RCMP. This includes matters such as harassment, transfers and appointments, and appraisals of RCMP members.

Harassment in the workplace is an issue that the Government of Canada takes very seriously. Discrimination based on gender or sexual orientation, bullying, and harassment are flatly unacceptable. I believe quite strongly that this one concession, in and of itself, addresses the chief criticism of the bill.

The government's motion also accepts the management rights clause adopted by the Senate and proposes targeting it to focus on protecting the authorities that the RCMP commissioner needs to ensure effective police operations. This also goes a long way to meeting the concerns raised by the Senate.

The government's motion proposes retaining the restrictions that replicate those applying to other areas of the federal public service, such as restrictions preventing pensions from being bargained. It does not agree with the requirement for a mandatory secret ballot vote as the only option for the certification of a bargaining agent to represent RCMP members and reservists. Our government believes that there should be choice between secret ballots and a card check system. The issue of secret ballots was not an issue specifically related to addressing the Supreme Court's decision. Moreover, an organization wanting to represent RCMP members should not be subjected to certification processes different from those of other organizations under federal labour relations legislation.

Bill C-4 reflects the principles of fairness and balance, and also gives proper recognition to the role of bargaining agents.

Finally, the government proposes not proceeding with expanding the mandate of the Public Service Labour Relations and Employment Board to hear grievances on a wider range of matters, including many that are outside of a collective agreement. This would be inconsistent with the application of the Public Service Labour Relations Act to the rest of the federal public service, and it would create overlap with the appeal and grievance processes established under the Royal Canadian Mounted Police Act.

I believe that we now have the best possible legislation, given all the competing interests that must be accommodated. It is therefore important that we act now to put in place a new labour relations framework to minimize disruption for members, reservists, and RCMP management.

There is currently an overlap between the Royal Canadian Mounted Police Act and the Public Service Labour Relations Act, which could result in confusion and conflicting interpretations. In addition, members could be represented by multiple bargaining agents, which would make it difficult for the RCMP to maintain a cohesive national approach to labour relations. Also, there would be more uncertainty among RCMP members about their collective bargaining rights.

Bill C-7 would effectively provide RCMP members and reservists with a process that ensures independence and freedom of choice in labour relations matters. The bill would also recognize the specific requirements of a national police service and the unique attributes of the RCMP as set out in the Royal Canadian Mounted Police Act. It would balance these with the need for consistency with the broader public service labour relations regime of which it is a part.

The government has taken important steps to ensure that workers can organize freely and that unions and employers can bargain collectively and in good faith. Bill C-7 is one part of that, and it honours the right of the RCMP members and reservists to freedom of association with respect to collective bargaining.

The time for talk is over. Now is the time to give RCMP members and reservists the respect they are due. I for one am proud to vote for this motion, which does just that.

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

Mr. Speaker, my colleague mentioned that the management rights clause would be consistent with the labour relations approach in the rest of the public service. She specified that means if there were something that management believed is contrary to the effectiveness of police operations, if it were to be bargained, it would then go to the Public Service Labour Relations and Employment Board to determine whether it would be in or out of the scope of the bargaining.

The NDP member who spoke previously implied that these management rights could be akin to reinstating the original exclusions, which would put a lot more power as to what to negotiate or not into the hands of the RCMP commissioner. However, we heard in the member's speech that it is actually the PSLREB that would determine whether something was in or out of the scope of bargaining.

I would ask the member to comment on whether this new management rights clause in what is hopefully the final version of Bill C-7 actually provides a neutral party determining what is in or out of the scope of bargaining.

The House resumed consideration of the motion in relation to the amendments made by the Senate 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.

Resuming Debate

[Mary Ng, Liberal, Markham—Thornhill, ON]

Mr. Speaker, I will be splitting my time with the member for Mississauga—Lakeshore.

It is my pleasure to rise today to speak in support of the government's proposed response to amendments made by the Senate to Bill C-7. I applaud this bill and the process that has led to where we are today. It is clear that the government and members of the Senate both agree that we need to support regular RCMP members and reservists by creating a labour relations regime that promotes their right to collective bargaining.

Who could be more deserving of such support than the dedicated and proud members of Canada's national police service? These heroic men and women combat organized crime and defend our country against terrorists. They guard us from those who deal in illicit drugs and those who commit economic crimes. They provide contract policing services in eight provinces and three territories. This is by no means an exhaustive list of what these brave individuals do to protect Canadians. These men and women, recognized as a symbol of Canada around the world, deserve our respect.

The motion before us today would give members the respect they are due while addressing the key concerns of the Senate.

The first way the motion does that is by removing the RCMP-specific restrictions on what may be included in collective bargaining and arbitral awards.

Second, it would implement a more targeted management rights clause, which focuses on the authorities that the RCMP commissioner needs to ensure effective policing operations.

Together, these two amendments would broaden the scope of what can be debated and included in collective bargaining and constitute an effective response to the main criticisms regarding Bill C-7.

These amendments would ensure the employer and any future RCMP member bargaining agent could engage meaningfully in discussions in good faith on subjects of importance to RCMP members and reservists.

Allow me to provide a few examples of subject matter that could be included in a collective agreement or an arbitral award: first, matters commonly associated with harassment and workplace wellness, including, for example, the promotion of a respectful workplace, early conflict resolution, and workplace remediation; second, general aspects associated with the appointment and appraisals of RCMP members; third, criteria and timing for conducting the appraisals of RCMP members; and fourth, measures to mitigate the impact of discharges and demotions of RCMP members, including workforce adjustment provisions.

Clearly, the government has listened to the concerns raised and has expanded on what may be included in a collective agreement or an arbitral award. As is the practice for other negotiations in the public service, a wide range of other matters can be bargained and included in a collective agreement or an arbitral award. These include rates of pay, hours of work, and leave provisions, such as, designated paid holidays, vacation leave, sick leave, and parental leave.

I would also like to take this opportunity to comment on the management rights clause related to the RCMP commissioner's human resources management responsibilities. This clause was first suggested and adopted in the Senate, and we believe there is much merit to such a clause. In fact, it is proposed that the government adopt a more targeted management rights clause to focus on the authorities that the commissioner needs to ensure effective police operations.

The amended and more targeted management rights clause would allow all proposals related to matters that were covered by RCMP-specific restrictions in Bill C-7 as originally proposed to be discussed at the negotiating table. It would also allow the parties to potentially incorporate these matters in a collective agreement, except where the employer considers that they infringe on the authority of the RCMP commissioner to ensure effective police operations. Should the bargaining agent seek to go to arbitration, the chairperson of the Public Service Labour Relations and Employment Board would decide whether the proposal infringes on management rights before the matter could be referred to arbitration.

The adoption of a management rights clause for the RCMP is consistent with the labour relations regime that applies to the rest of the federal public service.

Let me now turn to why it is important to preserve the restrictions that replicate those applying to other areas of the federal public service. Since 1967, matters that are a broad cross-sectional interest, such as pensions, are included for bargaining and dealt with under the legislation to ensure that the public interest is taken into account. Pensions for the rest of the public service are dealt with under the Public Service Superannuation Act. Pensions require a high degree of stability to assure pension plan members that their benefits are secure and will be delivered as expected.

However, the federal government has traditionally consulted with employee representatives on pension issues and is committed to continue this practice. In the case of the RCMP, the RCMP Superannuation Act requires that an RCMP pension advisory committee be established.

The RCMP is a national police service operating within the federal public administration. This is why the proposed labour relations regime for the RCMP was designed to align with the existing federal framework for labour relations and collective bargaining.

Unfortunately, I will not have time to speak to the government's proposed response to the other two amendments, one which concerns the secret ballot votes, and the other which addresses the mandate of the Public Service Labour Relations and Employment Board, but I would like to close with a clear and unequivocal statement.

The government is committed to supporting RCMP members and reservists by providing them with a meaningful process for collective bargaining. Our proposed response addresses the key concerns of the Senate. It also takes into account the RCMP's role as a police organization. Finally, it ensures that its labour relations regime is aligned with the regime that applies to other federal public servants.

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

Mr. Speaker, we have heard a number of times from the government that we have had ample time to debate this issue. The Liberals have said that we have had 16 hours of debate on this legislation. What I find interesting about that claim is that it has a presumption buried in it, which is that the conversation that happens in the House is simply for the benefit of the Liberals, and they listen only when they want. They can leave and come up with their answer, and that is what we have to deal with.

The conversation that happens in Parliament is not just for the benefit of government legislative drafters. It is for Parliament, with the idea being that Parliament might want to weigh in and make some changes. The idea that we have been debating the content of this motion for 16 hours, or whatever number the government wants to use, is false. I wonder if my hon. colleague wants to speak to the veracity of that claim.

I mentioned some issues earlier, and the member has mentioned some others, around how the grievance procedure is going to work, whether it is consistent with the CRCC recommendations that came out yesterday, and how exactly we are going to define the scope of the commissioner's power to maintain effective operations. These are all things we do not know and we are not part of the debate, to my memory. Perhaps the member has a different memory of events. Those were part of the original debate on Bill C-7, so there is genuinely new material for us to study and discuss to make sure we get this right, as the government claims, in the House anyway, that it would like to do.

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

Mr. Speaker, I listened with interest to my Conservative colleague's comments.

The background to Bill C-7 that we are debating today is that the Conservative Party is essentially against appropriate collective bargaining rights, and those members showed that when they brought in anti-labour bills such as Bill C-525 and Bill C-377. Our government tabled Bill C-4 to put the discretion of certification back with the Public Service Labour Relations Board, where it used to be, to determine whether a secret ballot or a card check is the most appropriate. The board is committed to making sure that members' interests are reflected in the choice made.

That was the system we had until the previous Conservative government made those anti-union changes. When RCMP members were extensively consulted by the previous Conservative government, narrowing down the certification method to exclude a card-check system was not on their list of priorities.

The Conservative member is not reflecting the desire of RCMP members. He is not reflecting the fact that the dual system arbitrated through the Public Service Labour Relations Board has been in place successfully for many years.

Why would the member let this one element convince him to vote against all of the positives, like providing RCMP members with a labour relations opportunity, to be represented by a union, which is what they want and is what the Supreme Court ruled that they deserved to have? Why would he vote against that?

[Phil McColeman, Conservative, Brantford—Brant, ON]

Mr. Speaker, let me remind the House that the official opposition respects the Supreme Court's decision that the RCMP officers are entitled to bargain collectively. The Conservative Party supports the role of the mounted police and we thank the members for the great work they do on the front lines, serving Canadians every day.

It was interesting to hear the prior speaker from the government side say that we needed to move fast. It has taken the government almost 12 months, since June 2016, to bring the legislation to the House in response to the Senate amendments. RCMP families and members have been waiting that 12 months.

It is well known within policing circles across Canada that RCMP members have fallen behind significantly in their remuneration and their benefits as a result of that 12 months and the fact that this issue has taken so much time to come back to the House.

When members across the aisle say that they meet with members and that they will be happy, of course they will be happy because we are finally dealing with it. However, since the time of the decision, it has taken the Liberals two years to get to here. Clearly, this could have happened a lot sooner. Today we are told that we will only have five days of debate, that the Liberals are shutting the debate down. The reality is that we will have only two days of debate.

I will give a quick background on what is known as the RCMP unionization bill.

The Supreme Court ruled, in the Mounted Police Association of Ontario vs. Canada, that the existing labour relations regime violated the rights of the RCMP members under section 2(d) Freedom of Association of the Charter of Rights and Freedoms. The court ordered the government to remedy this charter breach.

As the official opposition, we took the position that the original bill, while a reasonable response to the court's ruling, could not be supported as it denied the RCMP members the right to vote or, as some people refer to it, a secret ballot in the certification process.

In June 2016, the Senate returned a significantly amended Bill C-7 to the House. Let me talk about those Senate amendments. These Senate amendments came back, after the Senate's scrutiny and study. They were unanimously supported by all members of all parties on all sides within the Senate. The amendments included: first, the right to vote or the secret ballot certification process; second, confirmed and clarified the existence of management rights for the RCMP commissioner; third, removed a number of items excluded from negotiations in the original bill, such as transfers, relocations and dismissals, uniforms and equipment; and fourth, enabled an arbitrator in a decision to consider not only the collective agreement but the legislative context as well.

Here is the government's response to those four amendments, which we received late last Thursday, early Friday. I will go at those four issues one at a time.

First, the government disagrees with the creation of the right to vote through a secret ballot. Second, it agrees with the RCMP commissioner, management rights and amendment. Third, it agrees with the removal of all exclusions. Fourth, it disagrees with the broader interpretation of grievances.

Clearly the government must take action to restore the confidence of the front-line police officers in the RCMP's management and restore the confidence in Canadians in the RCMP. That means ensuring the RCMP pay is in line with the pay of other police forces. it also means working to ensure appropriate recruitment and retention programs.

As mentioned, in January 2015, in the Mounted Police Association of Ontario vs. Canada, the Supreme Court said that the labour relations law violated the rights of RCMP members under the Charter of Rights and Freedoms. The majority ruling stated, “What is required is not a particular model, but a regime that does not substantially interfere with meaningful collective bargaining and thus complies with” the freedom of association.

I remind the House that in its ruling the court gave the government 12 months to remedy the charter breach.

In January 2016, the government requested and received an extension from the court until April 2016. To be fair, this was not an unreasonable request as there had been a general election in the interim. The government did after all deserve an opportunity to get it right. Well, the Liberals did not get it right.

Again to be fair, the bill in its original form was, for the most part, a reasonable response to the court's ruling. Members on this side of the House did take the time to point that out when it was originally debated almost a year ago. I will discuss how we did that later.

We also expressed our willingness to move this legislation quickly and to work constructively with the government. All of us as members of Parliament represent members of the RCMP in our ridings. Some of us know them closer than others, but we all had heard from them through our constituency offices as to what the issues were with respect to their importance.

In fact, there was some discussion, anecdotally, in my riding of the reason why we was here. It was not because the bill had been delayed even further. It was because of the yellow ribbon campaign of the front-line officers who began to take stripes off some of their uniforms and put yellow ribbons to replace them to express the fact that nothing was happening. Suddenly when they did that, we got action.

We also expressed our willingness to move legislation quickly, but it had a fatal flaw. Specifically, it denied the RCMP members a right to vote by secret ballot. By doing so, it denied those RCMP members with a choice free of intimidation from all sides on whether they wanted representation and who would represent them in collective bargaining negotiations.

The bill was returned to the House amended to include that right to vote secret ballot clause. Let us not forget that. The actual mover of the motion in the Senate on the government side, who happened to be, by the way, an RCMP member at one time, unanimously agreed to send it back to the House with that included. Also, this amendment was supported by the government bill in the Senate.

In June 2016, the Senate returned the amended bill to the House. For months, the government told us it was considering the Senate's amendments “as quickly as we can”. Here we are nearly a year later and we are just getting the government's response. It has been nearly two and a half years since the Supreme Court brought down its original ruling. One cannot help but wonder why there is suddenly a rush to get the bill passed after such a long delay.

Perhaps the yellow ribbon campaign was the catalyst, launched in response to an equally long-awaited pay package. Perhaps it is the increasing frustration from more and more RCMP officers who are expressing openly with RCMP management and with the government on a number of issues. Unfortunately, RCMP members had to be brought to the brink before the government finally woke up.

To quote the commissioner,“...I tell you all solemnly: we went to bat and our Minister...went to bat, and there was no better package to be had at this time”.

If true, I give the minister full credit. However, guess who is the only person in a position to strike the minister out when he went to bat for those RCMP members. It was the Prime Minister.

As mentioned earlier, the Senate's amendments introduced a secret ballot or right to vote certification process. As well, they confirmed and clarified the existence of management rights for the RCMP commissioner, they removed a number of items excluded as non-negotiable in the original bill, and they enabled an arbitrator in a decision to consider not only a future collective agreement but legislative context as well.

I am glad to see that the government has finally come forward with its response to the Senate, even if it did take nearly a year or so.

We continue to support the general direction of the bill. However, we simply cannot support any legislation that denies employees, especially RCMP members, their right to vote in a secret ballot, free of intimidation from all sides.

Earlier, my colleague rose on a question to the member who had just previously delivered a speech about this issue and how it is a fundamental right in our democracy for that secrecy of our vote. I could give many examples of how we defend this around the world, as a government. Over the years many members from the current government have asked to go to monitor elections in other countries, to monitor the fact that we hold sacred the right to be able to choose without intimidation from any side. One of the members I personally spoke with on this issue expressed to me his deep disappointment in the fact that the Senate amendment for the right to vote has been turned down by the government. As he relayed it to me, as was mentioned in another answer today, RCMP detachments take all forms, in terms of size, scale, and scope. We have many small detachments around the country and we have large detachments as well.

However, he pointed out that in the small detachments around the country that might have five or six members working there, maybe even less, how much of a role intimidation will play, in terms of how those members are asked to vote in this process, because the office has its superiors, it has members at all different ranks of membership in the RCMP and in their occupation. As he said, they really will not have a choice at all; they will have to be falling in line with their supervisors, essentially.

This is a crime that should not have happened, in terms of the government turning down what the Senate unanimously brought back as an amendment.

We are in support of our front-line members and we would like to see them have the direction that the bill is taking, giving them the collective rights.

I would like to make two last points. Number one, it has taken far too long for the government to get off its heels to bring it to the House, and number two, we will always protect the right to free voting.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, I am pleased to rise today in support of Bill C-7. Let me begin by saying that the government appreciates the thoughtful consideration given by the Senate to this historic piece of legislation that would enshrine in law the collective bargaining rights of regular RCMP members and reservists.

Our national mounted police service has been keeping peace across the land for almost a century and a half. I would like to thank members of the RCMP for their service and also for their advocacy on this legislation.

The only police force in Canada not to have the right to engage in collective bargaining has been the RCMP. The labour relations regime this bill would create would mark the beginning of a new era in the history of the RCMP.

Bill C-7 has several elements that reflect the clear preferences expressed by RCMP members during the consultations with members that occurred during the summer of 2015. Specifically, members indicated that they wanted a labour relations framework that would provide for a single national bargaining unit, a union that would primarily focus on representing RCMP members, and recourse to binding arbitration if a collective agreement could not be negotiated. Bill C-7 would create this framework.

Bill C-7 would also build on previous efforts to implement a robust labour relations regime for the RCMP, efforts that have included a number of measures to promote a healthy and respectful workplace. For example, in support of the 2014 amendments to the Royal Canadian Mounted Police Act, several of the RCMP's human resources management processes, policies, and procedures were updated. Among these were, first, a new investigation and resolution of harassment complaints policy that provides greater clarity and a single streamlined approach for dealing with complaints; second, a process to address misconduct in a more timely and effective manner and at the lowest appropriate level; third, a new code of conduct that specifically identifies harassment as a contravention of the code; fourth, an amended training curriculum that specifically addresses respect in the workplace and harassment; and, finally, an informal conflict management program.

Moreover, in February 2016, the Minister of Public Safety and Emergency Preparedness asked the Civilian Review and Complaints Commission to undertake a comprehensive review of the RCMP's policies and procedures on workplace harassment and to evaluate the implementation of the recommendations the commission made in 2013. The commission reviewed the adequacy, appropriateness, sufficiency, and clarity of these policies, procedures, and guidelines for preventing and addressing allegations regarding workplace harassment in the RCMP.

Further, in July 2016, the Minister of Public Safety announced the appointment of Sheila Fraser as a special adviser. Her role was to provide advice and recommendations to the minister regarding the application of various policies and processes by the RCMP after the filing of legal proceedings against the organization in four specific cases. The recommendations made by Ms. Fraser and the commission will be carefully reviewed and will inform further work on improving the workplace of the RCMP.

While the RCMP has made strides with the initiatives, programs, and policies it has implemented, these two reviews will be useful in helping the minister fulfill the mandate the Prime Minister has given him to ensure that the RCMP is free from harassment. The government is strongly committed to whatever action is necessary to help RCMP members and employees feel safe and respected among their colleagues and supervisors.

As a member of the status of women committee, I and the other members of the committee have studied the issue of gender-based violence and harassment as well as barriers to the economic security and workplace leadership of women. We have heard that harassment in the workplace is a large barrier to women's participation in the economy, so I am very pleased to see the government taking action to ensure that female members of the RCMP can feel safe and respected at work.

Our proposed response to the amendments would strengthen the actions I have outlined by increasing the scope of what can be bargained, including harassment, an issue I brought up with the commissioner at the public safety committee. The government's proposed response meaningfully addresses the concerns with Bill C-7.

The bill we are debating today seeks to accept certain amendments and to amend or not accept others. Let me begin with the government's proposal to accept the removal of all restrictions on what may be included in collective agreements that are specific to the RCMP. As a result, matters associated with transfers, appraisals, harassment, and general aspects of workplace wellness, including the promotion of a respectful workplace and early conflict resolution, could be discussed at the bargaining table and included in the collective agreement or an arbitral award.

With this one change, we would increase the scope of what could be bargained considerably. I am pleased that the government has heard the concerns of the Senate and has acted on them, in particular on the issue of exclusions.

The proposal before us today would also amend the management rights clause adopted by the Senate. It proposes implementing a more targeted management rights clause that would focus on protecting the authorities the RCMP commissioner needs to ensure effective police operations. This approach would preserve the commissioner's authority to manage the RCMP and would ensure the operational integrity of the police service and the broader accountability of the RCMP for the safety of Canadians. The Government of Canada takes the responsibility to protect the safety and security of Canadians seriously. This clause would support that responsibility.

Let me now turn to the proposal to reject the requirement for a secret ballot vote for the certification of a bargaining agent to represent RCMP members and reservists. Our government believes that there should be a choice between a secret ballot and a card check system. A secret ballot only system is inconsistent with providing a fair and balanced process of certification and properly recognizing the role of bargaining agents in that process.

Let me now speak to our proposal to not proceed with expanding the mandate of the Public Service Labour Relations and Employment Board to hear grievances on a wider range of matters relating to terms and conditions of employment. Under the existing Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board has jurisdiction to hear grievances related to the interpretation or application of a collective agreement. Accepting this expansion would be inconsistent with the role of the Public Service Labour Relations and Employment Board in relation to the rest of the federal public service. What is more, there are already specialized grievance and appeal processes established under the RCMP Act to deal with these matters. In fact, such an expansion would create two different grievance processes that would apply to RCMP members, allowing them to file identical grievances under both the Public Service Labour Relations Act and the RCMP Act. This could potentially lead to conflicting decisions and undermine the commissioner's ability to ensure effective police operations.

Instead, and consistent with the rest of the federal public service, Bill C-7 would allow represented RCMP members and reservists, with the support of their bargaining agent, to file grievances pursuant to the Public Service Labour Relations Act on the interpretation or application of a collective agreement or arbitral award. Such grievances would be adjudicated by the Public Service Labour Relations and Employment Board. RCMP members' right to file grievances and appeals to address workplace issues would continue to be administered pursuant to the RCMP Act.

I heard repeatedly from RCMP members about the exclusions contained in Bill C-7. I believe that the proposed response to the Senate amendments would meaningfully address the concerns with respect to Bill C-7 by increasing the scope of the issues that could be bargained. The amendments would also ensure that the employer and any future RCMP member bargaining agent could engage in meaningful discussions, in good faith, on topics of importance to RCMP members and reservists.

At the same time, the proposal would take into account the operational integrity of the RCMP as a police organization. It would ensure alignment with the labour relations regime that applies to federal public service employees. With these amendments, Bill C-7 would continue to respect the 2015 Supreme Court of Canada decision by providing RCMP members and reservists with a meaningful process for collective bargaining.

I thank the RCMP members for their patience as this bill moves through the legislative process.