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.

Federal Public Sector Labour Relations Act

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

Mr. Speaker, while the member was in government there was a decision made by the Supreme Court of Canada. Could he provide some information to the House as to why he believes that there was no legislation brought in by the former government to deal with this issue? There did not appear to be any push from the government at the time to try to get this particular issue dealt with, when it had the opportunity to do so.

[Pierre Poilievre, Conservative, Carleton, ON]

That is a fair question, Mr. Speaker. The ruling came out in January 2015. Parliament rose in June 2015, and that was the last time that this place convened before the election. In that brief interval of four or five months, it was not possible to properly consult RCMP members and police leaders, in order to construct a legislative solution to that ruling.

That is evidenced by the fact that the present government has been in office since November and it is now mid-March, which means that its members took some time to craft a response. Within the confines of the bill itself, notwithstanding the related flawed bill, Bill C-4, the government has done a decent job.

[Nick Whalen, Liberal, St. John's East, NL]

Mr. Speaker, I will be sharing my time today with the member for Laurentides—Labelle.

I thank the House for this opportunity to explain why Bill C-7 is a constructive and responsible development in federal labour relations.

If passed, this legislation would allow RCMP members and reservists to choose whether they wish to be represented by a bargaining agent independent of RCMP management. The key features of the bill include the requirement that the RCMP bargaining agent have as his primary mandate the representation of RCMP members; the exclusion of officers, those of inspector rank and above, from representation; and the designation of the renamed federal Public Sector Labour Relations and Employment Board as the administrative tribunal for matters relating to the RCMP bargaining unit as well as grievances related to the collective agreement, should one be affected.

The bill would provide for binding arbitration as the means to resolve impasses, in light of the essential nature of the work performed by the RCMP.

As a standard in federal labour relations, the bill would require that, to be certified as a bargaining agent, an employee organization would need the support of a majority of RCMP members in a single national bargaining unit.

The labour relations regime that this bill would create marks the beginning of a new era in the history of the RCMP. For the first time, RCMP members and reservists would have the same constitutional rights as other Canadians concerning collective bargaining. It is time the RCMP had the opportunity to decide whether to exercise these rights itself.

Our national mounted police have a storied past in Canada in the settlement and development of our country and in keeping peace across the land for almost a century and a half. Since its beginning in 1873, when the act establishing the North-West Mounted Police was introduced in the House by then prime minister John A. Macdonald, the RCMP has been an integral part of our history, indeed our culture. From the 1874 march west from Fort Dufferin in Manitoba, to policing the Klondike gold rush, to the St. Roch's passage through the Northwest Passage, to the vital roles in World War I and World War II, the RCMP has played instrumental roles in Canadian history.

Yet despite their long history, this legislation would be the first time these employees would have the right to freedom of association with respect to collective bargaining. This is a right guaranteed to all Canadians by our Charter of Rights and Freedoms. It is a right the RCMP defends and should also enjoy.

Members of the RCMP work 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 our neighbours, who participate in international policing efforts, safeguard the integrity of our borders, and provide counterterrorism and domestic security. They are the Canadians who enforce our federal laws against commercial crime, counterfeiting, drug trafficking, and organized crime.

This legislation would help support those who support us.

The bill also acknowledges the importance of collective bargaining in the development of Canadian society. Since it was officially recognized in 1944, collective bargaining has helped lift many Canadians out of economic insecurity and poverty. Working Canadians in both English and French Canada have a long tradition of organizing themselves to negotiate for better working conditions and more secure lives for themselves and their families. Their struggles and triumphs have been essential to Canada's development.

Our government recognizes that collective bargaining and Canadians' fundamental freedoms are vital to a healthy democracy in which people can pursue their livelihoods with a sense of fairness, security, and professionalism.

We promised to restore fair and balanced laws that acknowledge the importance of unions in Canada. That is what we have done, and that is what this legislation would continue to do.

In December, the Minister of Employment, Workforce Development and Labour introduced legislation to repeal Bill C-377 and Bill C-525. These two bills amended the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act, and procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015.

The government has also introduced legislation to repeal Bill C-59, which would have provided the authority to unilaterally override the collective bargaining process. The bill we are considering today, which recognizes the right to collective bargaining for RCMP members and reservists, is another example of our commitment to fair and balanced labour relations.

Fair labour relations need to be available to the brave men and women who put their lives on the line for us. This legislation would do that, and it demonstrates our respect for fundamental liberties and the values at the heart of our democracy.

In 1873, parliamentarians like us voted in this House to establish the North-West Mounted Police. Today, we are here at the beginning of a new chapter in the history of the RCMP. We are considering whether, 143 years later, the men and women in our national police force should have the same fundamental freedoms as so many other Canadians enjoy.

I urge all members to support the bill that would give them those freedoms, and to vote with us to help those who help others.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, I appreciate the member's speech. It was interesting to hear him speak on this legislation and give us a historical perspective of where we have been with the North-West Mounted Police, and how we have come to this point where we are now debating this bill to extend bargaining rights to RCMP personnel.

In a previous life, before I was elected to this House, I was actually the registrar for a human resources profession in the province of Alberta. Many of the members I represented then took care of labour bargaining in that province. One of the things our members always spoke of was how critical it was to have the secret ballot, and how critical it was during negotiations to ensure that it was included at the table or that it was included on behalf of the membership. It meant union members were just as keen to have this as were employers who had one or more unions participating in it.

I would like to hear the member talk about how important it is to have the secret ballot extended to RCMP personnel, if they choose to form a bargaining unit.

[Nick Whalen, Liberal, St. John's East, NL]

Mr. Speaker, I thank the member for his informed question.

As we heard earlier today in the House, the issues regarding whether or not the rights provided under Bill C-525 would continue or not is dependent on separate legislation. It is not the legislation we are talking about here.

What we are talking about here is whether or not the RCMP gets these narrow rights for collective bargaining that are required by the Supreme Court of Canada decision, which needs to be implemented before May 16 in order to prevent the application of the current Public Service Labour Relations Act from applying to RCMP members.

In order to avoid that unfortunate result, we are putting forward legislation that addresses that fine point of the collective bargaining rights mandated by the Supreme Court of Canada. The issue as to whether or not the members of the RCMP choose of their own accord to adopt a process within their collective bargaining rights that requires a secret ballot would be up to them, and indeed if the bill currently before the House regarding the repeal of Bill C-525 does not achieve royal assent before this one, my understanding is that the current regime as it exists now would apply to the certification, or not, of any collective bargaining agent being proposed under this new regulatory regime.

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

Mr. Speaker, a part of this bill that has not received much attention is the removal of the exclusion of the RCMP from the Government Employees Compensation Act.

That is some complicated work that needs to be done. I wonder if the hon. member could share with this House if that work has been started. Is it completed? Are they ready to actually transition, because it is certainly a very important transition?

[Nick Whalen, Liberal, St. John's East, NL]

Mr. Speaker, I thank the member for her question regarding the pension issues for the RCMP.

My understanding is that the legislation being put forward now excludes amending a number of bills. There is a number of bills that would not be affected by the labour negotiating rights, and the tribunal would not have the right to review a number of different aspects related to the collective bargaining.

Various issues, including issues related to workplace duties, pensions, roles and responsibilities, right to strike, and a number of issues like these, as set out in the legislation, would not be the responsibility or purview of the Public Service Labour Relations Board in respect of overseeing the bargaining agent in the collective rights. Those would be reserved for the commissioner under the existing RCMP legislation.

As was noted earlier by my colleagues, if the member feels that this is something that needs to be brought forward in this legislation at this time, the best place to raise those issues would be in committee, to see if the committee process could address her concerns. Indeed, there will be further opportunities to address these types of perceived deficits in the regulatory regime as it affects the RCMP over the course of this mandate.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, I want to follow up on my earlier concerns about officer safety.

The fact that officers work alone in rural areas is a workplace safety issue that may well benefit from being included in collective bargaining. Sexual harassment is another workplace safety issue that apparently is not included in collective bargaining, but which is now thankfully being extended to the RCMP. I am curious as to whether the member can inform us if this was an issue that was discussed during the online consultation he had cited, and whether it specifically excluded, and whether he can he give any more rationale as to why this is not something that is a matter for collective bargaining for police officers within the RCMP.

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

Mr. Speaker, I cannot address the specifics of the online participation because I was not involved with it. However, I can say that this was done in consultation with members and relevant stakeholders in response to a specific Supreme Court ruling. This is not something where we said, “Let's just do it”, but something we were required to do and did a very good job at. I am very proud of the work that was done in this bill.

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Mr. Speaker, further to my friend's point, I understand that the consultation process that was initiated involved some 9,000 members of the RCMP. Obviously, in response to the Supreme Court's decision, it is important to get the RCMP members' input.

Perhaps the member could explain why he feels it is so important that this consultation process took place.

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

Mr. Speaker, it is important to do a consultation with the stakeholders to make the best possible decisions. We are a government that believes in evidence-based decision-making and consulting with the people who matter, rather than saying, “This is how we are going to do things and who cares what you think.” This is a very good process and I am proud of it.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I thank the member for his excellent speech and contributions to the Standing Committee on Procedure and House Affairs.

My understanding is that for certain items that are not in the collective bargaining process of this or many other police forces, there are alternative mechanisms in those police forces for addressing some of these types of issues. I do not know if the member is familiar with those, or could outline those, or get back to me with them at a later date.

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

Mr. Speaker, I have been privileged in my life not to have been a police officer, but just take advantage of their protection and help, so I do not know the specific processes they have. I cannot give any details, but I would be more than happy to consult with the very good chair of the procedure and House affairs committee any time on this topic.

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

Mr. Speaker, I want to thank my colleague for his remarks, and to discuss the RCMP Act and the powers of the commissioner under that act to make certain determinations about work, disciplinary measures, working conditions, conduct, and so on. The members have the ability to grieve decisions under the RCMP Act. I would like the member's comment on the concept of having limited the bill to the basic working terms and conditions of employment, which is the requirement of the Supreme Court of Canada, and the very tight timeline to deliver on it.