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

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

Sponsor

Scott Brison  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

Elsewhere

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

Votes

May 16, 2017 Passed Motion respecting Senate amendments to Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures
May 16, 2017 Passed Time allocation for Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures
May 30, 2016 Passed That the Bill be now read a third time and do pass.
May 11, 2016 Passed That Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
May 11, 2016 Failed
May 11, 2016 Passed That, in relation to Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.

Resignation of MemberRoutine Proceedings

June 12th, 2023 / 4:55 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, it is a pleasure to rise to pay some words of tribute to the member of Parliament for Durham, who I first encountered when I was a newly minted MP. The member for Durham was his party's critic at the time for Bill C-7, which had to do with RCMP collective bargaining.

It was my first assignment on a bill. I sat in on the public safety committee, and I have to say that debating that bill with the member for Durham gave me an unrealistic expectation about debate in this place because it was principled, sophisticated and well executed. Even though we did not agree on all of the points of that bill and, in fact, disagreed on many of them, he carried out parliamentary debate in the style I thought was appropriate. Things got so downright collegial that it earned him a quote in one of my very first householders. It was not an authorized quote, but it was on the public record, so it was fair game. Now that he is leaving public life, I feel it is time to reciprocate, so I may have a few nice things to say.

That relationship further developed later in the 42nd Parliament when I had the honour of sitting in on a study of Canadian sovereignty in the north. We were able to travel to northern Canada together. That was a great trip in its own right and I learned a lot, but one of the things I really enjoyed about that trip was the opportunity to get to know the member for Durham better and to discuss some of the issues of the day in a less public forum. That was certainly a pleasure.

One of the lessons of that experience for me, and for the folks who looked at that report or the joint all-party press conference we did at the end of that study, was that it was a fine example of when parliamentarians, who come from different political movements with different ideas about where the country should head, roll up their sleeves and immerse themselves in the study of an important issue together, they can find ways to find common ground instead of just finding ways to wedge and divide. That report showed nicely how the priorities of maintaining Canada's sovereignty in the north and some of the military components of that can dovetail nicely, with an emphasis on investing in the people of the north and making sure that their needs are met. I was very proud of the work that we all did together to make that case to Parliament and, more widely, to Canadians.

As I say, one of the great contributions, which was demonstrated later when the member for Durham became leader of the Conservative Party, was his ability to state differences of opinion in a principled way and in a way that promoted the kind of debate that Canadians want from their politicians. They do not need to see us agree on everything all the time or to cover over important differences, but to explore them in ways that are far more constructive than we sometimes explore those differences in this place.

He talked earlier about the tendency toward division that we are witnessing in politics right now and the dangers of performance politics. I think we can say with hindsight that the member for Durham exhibited a refreshing lack of demagoguery in the way that he presented the Conservative position, and for that I am grateful, as I know many Canadians are. There are a lot of lessons for all of us to learn in how we carry ourselves in public debate.

I know that can be a difficult thing to do, not just for members themselves but especially their families, so I too want to add my voice to the chorus of thanks to Rebecca, Mollie and Jack, who supported their husband and father through this journey. I thank, on behalf of New Democrats, the member for Durham for his service in this place, and I offer my well wishes for what awaits him as he exits public life.

Royal Canadian Mounted PoliceAdjournment Proceedings

March 29th, 2022 / 6:45 p.m.
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Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, the Royal Canadian Mounted Police is a cornerstone of policing across much of rural Canada, in the Canadian north and in many towns and large urban areas. Its members keep our communities safe. The RCMP is the frontline police service of jurisdiction in the territories, in all provinces except Quebec and Ontario, and in more than 150 municipalities.

The Government of Canada shares the cost of these policing services. In large municipalities, the federal government pays 10% of salary, equipment and other costs. For municipalities with a population of fewer than 15,000 people, the federal government pays 30% of these costs.

I fully agree with the member for Battlefords—Lloydminster that RCMP members deserve fair compensation for their work in keeping our streets safe. That is why, in 2017, our government passed Bill C-7. This historic, first-ever collective agreement between the Government of Canada and the bargaining agent for RCMP members, the National Police Federation, came into effect on August 6 of last year. The agreement provided a reasonable economic increase and market adjustments to address wage differences that existed between RCMP members and reservists and other police services across Canada. It marked the first time RCMP members had received a pay increase since 2017. It also brought their salaries in line with other police services across Canada. The agreement was fair both for our hard-working RCMP members and for Canadian taxpayers.

Our government is mindful that policing represents a significant cost for all communities and local governments. Officials are working hard to engage directly with every contract policing jurisdiction on the costs to implement the new collective agreement. They have written to all partners to provide information, and meetings with individual jurisdictions to discuss their specific situations have started and will continue in the coming weeks.

In closing, let me assure members that our government will continue to work with contract jurisdictions on the financial impacts of the collective agreement, and we will continue to support the RCMP and all jurisdictions to ensure the safety and security of our communities.

June 17th, 2019 / 4:45 p.m.
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Co-Chair, National Police Federation

Brian Sauvé

No, the reason I expressed my interest with the clerk when he called this morning—I appreciate the short timelines that this committee is dealing with—is that any opportunity to have the membership of the RCMP's voice heard with respect to amending the RCMP Act is an opportunity for us to speak on their behalf. If we didn't, it would be an opportunity lost.

In terms of consulting with those who represent the PPS or the membership on the Hill, you know, Bill C-7 kind of precluded any organization that was asking to represent the membership of the RCMP—it's a grey area in Bill C-7—from having any associational activity outside the law enforcement community. We've been very careful in the NPF about how we associate and who we hitch our banner to. Most of that has been within the Canadian police association community—the Ontario Provincial Police Association, la Fraternité des policiers et policières à Québec, and that sort of thing. We haven't really linked up with a PSAC or a CUPE or a UCCO, for example.

June 17th, 2019 / 4:05 p.m.
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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Well, as I said, Monsieur Dubé, we have had an enormous volume of work to get through, as has this committee, as has Parliament, generally. The work program has advanced as rapidly as we could make it. It takes time and effort to put it all together. I'm glad we're at this stage, and I hope the parliamentary machinery will work well enough this week that we can get it across the finish line.

It has been a very significant agenda, when you consider there has been Bill C-7, Bill C-21, Bill C-22, Bill C-23, Bill C-37, Bill C-46, Bill C-66, Bill C-71, Bill C-59, Bill C-97, Bill C-83, Bill C-93 and Bill C-98. It's a big agenda and we have to get it all through the same relatively small parliamentary funnel.

Royal Canadian Mounted Police ActGovernment Orders

May 29th, 2019 / 5:25 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, this is a continuation of my remarks on Bill C-98 from over a week ago.

I would be remiss if I did not note my disappointment with the last vote. This was an opportunity for the government, with a Prime Minister who said that the government would be transparent by default, to release the critical document in the Admiral Mark Norman affair, the memo from Michael Wernick, from the early days, on why Mr. Norman was picked out of 73 people on a PCO list. Mr. Wernick is not a lawyer, so it is not legal advice. Canadians know Michael Wernick and they know the SNC-Lavalin affair.

Unredacting that memo would have been a gesture of goodwill on the part of the government, in light of the fact that the Crown had to admit in court that it had no reasonable prospect of success at trial. After the terrible ordeal Mr. Norman has been through, that would have been a nice recognition. I have to say that I was disappointed.

As I was saying in my previous remarks, one of the main issues I have with Bill C-98, and with some of the bills we are debating now, in the final days of this Parliament, is the fact that if the bill were coming here after robust consultations with the people affected, we might be in a position to say that this is legislation that is in the long-term interest of the RCMP and other groups caught by the legislation, but it is not.

Bill C-98 is another example of legislation related to public safety, related to peace officers and related to police officers that misses the mark yet again. It is unfortunate, because as the minister would know, we tried, in good faith, at the beginning of this Parliament, to work with the government on these issues.

The minister would remember Bill C-7, the RCMP unionization bill. We worked with the government, and thanks to the member for Beaches—East York, it accepted our recommendations to make the provisions of Bill C-7 more equitable for members, regardless of what province they were in with respect to workplace injuries, rehabilitation and supports. On legislation related to the RCMP, we provided substantive input that helped with that legislation.

Canadians see at the end of this parliamentary session that we are getting a little raucous and a little feisty. An election is on the horizon. I will remind them that at the beginning of this Parliament, when it came to the RCMP, in light of a Supreme Court decision—

Royal Canadian Mounted Police ActGovernment Orders

May 17th, 2019 / 1:20 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, it is a privilege to follow my friend from Scarborough—Guildwood, who has had millions of minutes in this chamber. However, I am at a loss to ascribe any real substance to those minutes, despite the fact that I hold him in great affection. He has been very helpful on some projects related to veterans, and on that matter, maybe he can help get the Afghan monument finally done.

I share the comments from a lot of people today in that I have frustration with when the bill is being put forward. I think all members of this chamber have tremendous respect for the men and women who wear the uniform of the RCMP or wear the uniform of the Canada Border Services Agency, CBSA, who would be impacted by the bill. Nothing shows a lack of priority like introducing bills when the tulips are coming up here in Ottawa. This is when we are in the final weeks of the parliamentary sitting, and so when the government introduces something in this time period, it shows how much it has prioritized it. If the Liberals are doing that in the fourth year of their mandate with literally a few weeks left in the session, it actually shows disdain for the underlying issues of the bill when they have had four years related to it.

My friend from Scarborough—Guildwood was suggesting that we needed to stay in our partisan lane and was bemoaning the fact that we are decrying the lack of consultation and lack of prioritization by the government, but the Liberals have left us no choice. We do not even think, at the pace things are going, that this will be substantially looked at in committee, despite his nice offer to take phone numbers of union members who were ignored in the preparations behind the bill. We will not even be able to get time to hear from them, and that is amiss, because our job as an official opposition is to hold the government to account, critique and push for better. I should remind my friend, the Liberal deputy House leader, that better is always possible, and this is an example.

The bill was introduced on May 7, 2019, literally in the final weeks of Parliament, much like Bill C-93, another public safety bill, which was introduced in the same month. What is shocking is that these are areas the Liberals have talked about since their first weeks in government. In fact, the marijuana pledge is probably the only accomplishment of the Prime Minister in the Liberals' four years in government, and they are putting the cannabis records suspension bill to the House in the final weeks. Who have they not consulted on that? It is law enforcement, which is really quite astounding.

Canadians might remember that in the first few months of the Liberal government, back in 2015-16, the Liberals were fond of consultations, which I think my friend from Sarnia—Lambton and others have made note of. In fact, there were little vignettes created saying, “We're going to consult. We're going to have public consultation.” I guess after that the Liberals stopped doing it entirely.

My real concern in the matter of public safety and security bills is that the CBSA alone will be swept into elements of Bill C-98 and the 14,000 people in that department, including the almost 7,000 uniformed people at 1,200 locations across this country, should be consulted on a substantive piece of legislation that would impact them. They were not. In fact, the Customs and Immigration Union has been demanding to be consulted, and not at the committee stage in June, a few days before Parliament may rise and go into an election. They should have been consulted prior to drafting the legislation. That is the real problem I have with this.

It is the same with the cannabis record suspension legislation, which is another public safety bill being thrown into the mix in the final weeks. The Canadian Police Association was not consulted. Tom Stamatakis, the president, had this to say:

Were we directly consulted? Not in an extensive way. We had some exchanges, but we didn't have a specific consultation with respect to this bill.

It is the same now with Bill C-98. The underlying people impacted by it, including members of the Customs and Immigration Union, were not consulted on the bill.

We also see other important pieces of public safety legislation still lingering in the legislative process. For example, Bill C-83, legislation to amend the Corrections and Conditional Release Act, is now at committee. That committee is already charged with other legislation from the final year of the government.

A lot of us are watching Bill C-59 as well, a quite comprehensive, almost omnibus bill on national security. It is in the Senate committee. I have been advocating on that bill with regard to the no-fly list, supporting the good work done by the families of the no-fly list kids to make sure that we can have a system to remove false positives and remove children from this list, which is ineffective in terms of public safety if it has tons of erroneous and duplicative names on it.

It is also substantially unfair to Canadians, especially young children, when they are impacted by being on the no-fly list. We need a mechanism for them to take themselves off the list. That is in Bill C-59. I am publicly urging Senate colleagues to make sure they do a proper review, but get it done quickly.

As we can see, there is already a backlog of public safety and security legislation in Parliament now, not to mention a number of other bills being introduced in May.

Stepping out of the public safety area for a moment, it should also concern Canadians that some of the signature issues for indigenous Canadians also had to wait until the final months of the government. They include child welfare legislation, which I think I spoke about in this place maybe 10 days ago, and the indigenous language bill, which was also tossed in at the end of the year when the flowers are coming up here in Ottawa.

That is a lack of respect. It shows there is a priority given to speech, imagery and photos with the Prime Minister, and a lack of priority given to action on public safety issues and on issues related to reconciliation. Governing is more than lofty language. It is delivering on the priorities for Canadians and the things they need.

To review, I would like to see substantive committee time for Bill C-98 so that the Customs and Immigration Union can be properly consulted. The same goes for the RCMP. In fact, I was the public safety critic before I took a little diversion and a national tour to get into a leadership race. We actually worked with the government on Bill C-7, which was the RCMP union bill. We have tried to work with the government, particularly when it comes to uniformed service members. In fact, we pushed for amendments to Bill C-7 so that there would not be a hodgepodge approach to workers' compensation for our RCMP men and women and so that there would not be different standards in different provinces. These are important bills, and people should be consulted.

I would also urge the former chair who spoke, the member for Scarborough—Guildwood, to make sure that adequate time is given. Despite the government's claim that it would never use time allocation and never use omnibus bills, we have seen it use these measures literally by the week. The government House leader appears to relish it now. My friend the deputy House leader wishes he could erase all the speeches of outrage he gave in opposition about the use of time allocation and omnibus legislation, because now he is part of the government House leader team that the member for Scarborough—Guildwood blamed for the delay that we have with these bills, and he uses it with relish.

Let us make sure we have the proper committee time to look at the changes to the RCMP Act and the CBSA Act to make sure we are doing a service to the people who will be impacted by them, whether it is on a public complaints process or other elements in Bill C-98. The consultation should have been done first, but to do this properly, the committee debate time cannot be rushed. We will work with them, but we want to make sure the people impacted are part of the committee review process.

Motions in amendmentBudget Implementation Act, 2018, No. 2Government Orders

November 26th, 2018 / 12:50 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, early in its mandate the government introduced a bill to repeal Bill C-377, but did not repeal it right away. Then, what we heard on Friday was that every assault by the government since then on collective bargaining, whether the tight restrictions it wanted to put on collective bargaining in Bill C-7 for RCMP members or the back-to-work legislation it rammed through on Friday, should somehow be forgiven because it repealed Bill C-377.

Early in its mandate the government brought in the child benefit, which did something for low-income families. The funny thing is that that is not in keeping with the government's theme either. Looking at the changes to parental leave under EI, how are low-income families going to be able to access that? They already have low incomes and cannot afford to live on 33% of their income. The extended parental leave time is for who? Is it for low-income families that want to spend more time at home with each other, or is it for the high-income families the government said it was taking on when it eliminated the original UCB?

This is the thing. Early on, the Liberals implemented a couple of their election commitments to workers and low-income families, and that is now supposed to forgive everything else they do for their Bay Street buddies and big multinational companies. The evidence does not bear out that they are serious about helping real Canadians who are struggling every day.

Federal Public Sector Labour Relations ActGovernment Orders

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

Scott Duvall NDP Hamilton Mountain, ON

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

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

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

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

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

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

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

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

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

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

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

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

The previous government claimed this change would have saved $900 million, despite evidence to the contrary. According to the 2014 parliamentary budget officer's report, “the incremental cost of paid sick leave was not fiscally material and did not represent material costs for departments in the core public administration.” That means most employees who call in sick are not replaced, resulting in no incremental costs to departments.

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

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

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

Bill C-62 would also revoke some of the more offensive Conservative legislation, including: giving government, as the employer, the right to unilaterally define essential services instead of negotiating an essential services agreement with the bargaining agent; undermining the right to strike by making it illegal to strike if at least 80% of the positions in a bargaining unit provide essential services, as defined by the employer; removing the bargaining agent's right to choose arbitration as a means of resolving collective bargaining disputes, making conciliation the default process, and undermining the workers in cases where the employer consents to arbitration by requiring arbitrators to give priority to Canada's fiscal circumstances relative to its stated budgetary policies. It also removed discrimination-based complaints by public servants from the jurisdiction of the Canadian Human Rights Commission. That to me is a shame.

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

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 11:15 a.m.
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NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I am happy to rise today to speak to Bill C-62, which addresses a key issue for all those who believe in democracy.

The NDP has always defended workers’ rights and the rights of all Canadians in order to ensure that no one is left behind. That is why we believe it is important to continue playing an active role in this debate. Unions are the machinery that make democracy work. They took part in every struggle and are constantly coming up with innovative ideas. They have given workers a voice and a measure of power. I applaud their work and their unwavering dedication, and I want Canada to remain an egalitarian society.

Unfortunately, in the past decade, we have neglected our public servants, violated their rights, and subjected them to dramatic cutbacks and restrictive legislative measures. Today, thousands of employees are still not being paid properly because of Phoenix. Once again, as always, the NDP stood by Canada’s public servants and their unions throughout the process. The NDP would like to see public servants and the government enjoy a relationship based on responsibility, trust, and respect, today and in the future. That is why we are proposing concrete measures to reinstate a healthy working climate and a relationship of trust in the public service.

Among other things, we propose protecting whistle-blowers; granting powers to the Public Sector Integrity Commissioner of Canada; adopting a code of conduct for departmental staff; and restricting the growing use of temporary employment agencies to the detriment of permanent employees.

We are as determined as ever to pursue these important goals. It is not a question of modifying a few policies here and there. We need a real change in attitude. The NDP will continue to demand that the government re-establish a free and fair collective bargaining process in the public service, and that it safeguard acquired protections and rights.

On October 17, 2016, the government introduced Bill C-62, which we are discussing today. Yes, I said 2016. The bill is more than welcome. It is aimed at re-establishing fair framework legislation for labour relations in the public service, and it is raising a lot of expectations. In December 2013, the Federal Public Sector Labour Relations Act was amended to eliminate the procedures for the choice of process of dispute resolution, including those involving essential services. The NDP vigorously opposed these amendments, which the Liberals are now looking at.

In our 2015 platform, we promised Canadians that we would defend the interests of public sector workers.

It is because of this promise, which we intend to keep, that we are supporting Bill C-62 today. The bill repeals various sections of the two profoundly anti-union legislative measures adopted by the former government, namely Bill C-59 and Bill C-4. The Harper government’s first legislative measure attacked by Bill C-62is the former Bill C-59, in particular section 20. The bill unilaterally imposed an inferior system for the management of disability and sick leave on public servants, which was an unjustified and major attack on the rights of public service workers.

That bill also abolished employees' right to good faith bargaining, taking sick leave out of federal public sector collective agreements so that the employer could unilaterally modify that leave outside the bargaining process.

One of the key provisions of current public sector collective agreements relates to sick leave. It gives full-time employees 15 days of leave per year to be used in case of accident or illness.

The Conservatives' Bill C-59 also took away accumulated unused sick leave days and imposed a short-term disability plan on public service employees. To make matters worse, the Conservatives introduced a seven-day unpaid waiting period before employees would receive their short-term disability benefits.

This is unacceptable. The previous government had the nerve to claim that these measures would save $900 million, despite overwhelming evidence to the contrary.

According to a 2014 report by the parliamentary budget officer:

...the incremental cost of paid sick leave was not fiscally material and did not represent material costs for departments in the CPA.

The quotation speaks for itself. It means that most employees who are on sick leave are not replaced, resulting in no incremental cost to departments.

The parliamentary budget officer confirmed that public service employees use sick days at about the same rate as private sector employees. An average of 11.52 days were used in the public sector, compared to 11.3 in the private sector. A difference of 0.2 days is pretty minor.

Division 20 of part 3 of Bill C-59 also authorized the Treasury Board of Canada to nullify terms and conditions in existing collective agreements. It gave the employer the authority to override many provisions of the Public Service Labour Relations Act, including the statutory freeze provisions that maintain the status quo during the collective bargaining process.

Members may be surprised by what I am about to say. Under the provisions of Bill C-59, employees would be forced to choose between reporting for work even if they are sick and losing a percentage of the salary they need to survive.

Robyn Benson, the national president of the Public Service Alliance of Canada, denounced these measures. According to PSAC, the sick leave plan for federal public servants is essential, and it must ensure that employees do not have to work when they are sick. That seems obvious to me, and I agree with PSAC.

I worked as a manager in various government and community organizations for 25 years. I managed a number of teams and a hundred or so employees. As a manager and as a member of Parliament, I believe that it is totally ineffective to make employees report for work when they are sick. It is even worse to cut employees’ sick days by more than half.

The second legislative measure of the Harper government addressed by Bill C-62 is former Bill C-4, in particular section 17, which radically changes the collective bargaining rules in the public service by giving the government full control over union rights, such as the right to strike and the right to arbitration. Bill C-4 takes away bargaining agents’ right to choose arbitration as a means of resolving collective bargaining disputes, making conciliation the default process. However, arbitration is a valid solution in situations where members want to avoid a strike, and the right to arbitration should therefore be maintained.

Section 17 of Bill C-4 also undermines the right to strike by making it illegal to strike if at least 80% of the positions in a bargaining unit provide essential services, as defined by the employer. Under Bill C-4, it is up to the government to designate which positions are essential, rather than working with the bargaining agent to negotiate an agreement on essential services.

This same section 17 infringed on workers rights in cases where the employer consents to arbitration by requiring adjudicators to give priority to Canada's financial situation in relation to its budgetary policies.

Discrimination complaints filed by public servants to the Canadian Human Rights Commission were simply erased. These measures are unacceptable.

That is why it is time to take action. This sets aside or amends changes that were made to four statutes during the last lost decade when the Conservative government violated union rights. I am referring to the Federal Public Sector Labour Relations Act, the Public Sector Equitable Compensation Act, the Canadian Human Rights Act, and the Public Service Employment Act.

The NDP always made a point of opposing the former Conservative government's attempts to limit union rights, mainly the public sector workers' right to strike.

We are therefore happy to support the government's efforts to undo the Conservative Party's damage and make Canada's public sector labour code equitable once more. The NDP is also happy to support Bill C-62.

We do not support it blindly, however. My job as an opposition MP is to scrutinize the bill and identify elements of it that need fixing. By expressing opposing views, sharing knowledge, and engaging in dialogue, we will come up with ideas to refine this bill and make sure it does everything it is supposed to, and it certainly needs help on that front. That is why I will now take a critical look at the bill's weaknesses.

After all the back and forth on this, Canada's workers deserve an ironclad law that will level the playing field for everyone involved and restore the balance of power. Although Bill C-62 is progress, it is just the first step toward instituting all the measures we want to see.

We should never legislate easy solutions to the problems we face. We have to avoid that. The NDP fought very hard to have the government abolish the previous government's initiative that attacked provisions governing public servants' sick leave. Bill C-62 can do that by repealing Division 20 of former Bill C-59 on sick leave.

Why is the government concurrently working on a new health regime that has short-term disability provisions similar to those proposed by the Conservatives in the past? That is the first reason why Bill C-62 does not allay all of our concerns.

Other points have me wondering. The greatest weakness of Bill C-62 is that it does not reverse all the negative changes made by the former government to our labour legislation. While this bill seeks to restore the rights C-62 stripped from public sector unions under Stephen Harper's tenure, Bill C-62 falls short of addressing some elements of Bills C-4 and C-59. I am referring to Division 5 of Part 3 of Bill C-4.

The Liberal government seems to be taking half-measures in an area where expectations are monumental. If we are to truly do away with the Harper government’s anti-labour legacy, Bill C-62 must do better, first by re-establishing the provisions of the Canada Labour Code respecting Canadians’ right to refuse dangerous work, such as changing the definition of “danger”, now limited in scope to situations of imminent threat.

We are also concerned about another point that Bill C-62 ignores: the removal of health and safety officers from the process of refusing dangerous work. As it stands now, the employer assesses the safety of the work, and the worker must appeal directly to the Minister of Labour. The minister can simply refuse to investigate if he or she deems that the matter is trivial or vexatious, or that the employee’s refusal is in bad faith. This measure implemented by the Harper government should be permanently struck down by Bill C-62.

Lastly, we believe that we should take this opportunity to re-establish a federal minimum wage and to reinstate the Fair Wages and Hours of Labour Act repealed by the Conservatives in 2013.

We also need to advance gender equality in the federal public service. That is why Bill C-62 should include a proactive federal legislative measure on pay equity in order to counter the effect of labour market forces on women’s wages.

The government claims that Bill C-62 demonstrates its commitment to fair collective bargaining for public servants. However, the exclusions to collective bargaining in Bill C-7 show that the Liberals have not always defended fair collective bargaining.

The government must commit to eliminating the exclusions in Bill C-7 in order to respect the right of members of the Royal Canadian Mounted Police to meet and bargain collectively, just as public servants do.

That is why, in light of all the previous explanations, we deplore Bill C-62's lack of ambition. This lack of ambition restricts the scope of a bill that deserves more than what the Liberals are proposing.

Our disappointment appears to be shared by the national president of the Public Service Alliance of Canada. She recently called on the government to do more than simply introduce a bill to correct the Conservative bills aimed at restricting public servants’ bargaining rights.

It is imperative that we continue to work on this bill. We must go much further and take advantage of its full potential. I explained which measures should be retained, which measures need to be taken much further, and which measures should be eliminated. The Liberal government really needs to repeal all of the Conservative measures.

This morning, I heard the President of the Treasury Board mention some lofty principles. If the Liberals wish to follow these principles, they must repeal all of the anti-labour measures the Conservatives introduced. We must take advantage of this opportunity.

We know that this bill was introduced in the fall of 2016, which was quite some time ago. People have very high expectations. The federal public service is dedicated to serving Canadians. We just marked the second anniversary of the problems with the Phoenix pay system. We need to take Bill C-62 as far as we can in order to resolve these problems that we have been grappling with for far too long.

We have amendments to propose. I outlined the measures that we want to implement. I hope that we will all be able to work together so that, when Bill C-62 passes, we can all proudly say that we accomplished our mission and that we implemented proper working conditions for federal public servants, working conditions in which they can feel secure. I hope that we can allay the concerns related to the Phoenix pay system and that public servants will have working conditions that will allow them to do their jobs properly.

We know that front-line work is demanding. That is what everyday life is like in some departments. Those employees listen to Canadians who are in difficult situations and who come to them for help or to get the their file sorted out. We are therefore asking federal public servants to do very demanding work.

Here, we pass bills. The next step is to implement them. We need to make sure that public servants feel that we parliamentarians here in the House are collaborating to provide them with the working conditions they need to do their job properly.

Budgetary considerations have been mentioned. All elected officials, at all levels of government, always need to ensure their decisions stay within budget. As I explained, a number of measures cost nothing. As we know, employees who are off sick are not even replaced, so their sick leave does not cost us anything.

For this reason, we are eager to collaborate in perfecting and completing this bill, which will officially reverse the anti-union measures of the past.

Bills C-5 and C-34 have been languishing on the Order Paper since they were tabled by this government. We hope that merging them with Bill C-62 is a sign that the government is finally ready to move forward.

That is why I want to make an appeal, an appeal to set partisanship aside and implement an infallible law that genuinely protects the rights of all workers, an appeal for teamwork and collaboration to make sure the proposed amendments I have presented here can be considered and approved.

November 9th, 2017 / 12:40 p.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

I'm going to ask Yaprak to intervene. One thing is that Bill C-7 is quite recent, so there are going to be a lot of changes in the coming months and even years as this shift occurs.

Yaprak might have some thoughts on this.

November 9th, 2017 / 12:40 p.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

Bill C-7 was groundbreaking in that it provided for the first time an opportunity for the RCMP to unionize, and of course, whether it's in the RCMP or any department or agency of the Government of Canada, we want to see respectful, progressive labour relations. Bill C-7, as I said, is a significant step forward, and it will most definitely have an impact, as you're now building a labour management regime wherein there will be union representation.

I believe that in the last two years we've made progress writ large in terms of our relations with the public sector unions as a government and—

November 9th, 2017 / 12:40 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Thank you very much,

Thanks to Mr. McCauley.

I want to come back to some issues related to the RCMP, and thank you again for your commitment not to transfer civilian members of the RCMP on to Phoenix before the system has been fixed.

In the estimates, and we touched on this briefly, there is money, just under $400,000, for the Administrative Tribunals Support Service of Canada to support the implementation of a new labour relations regime within the RCMP. Of course, that funding is for what we could call back-end issues, or it's funding for when things go wrong and they need to be resolved between management and labour.

I wonder if you could comment on the efficiency.... I don't see money allocated to help train RCMP management on how to successfully implement a new labour relations regime in terms of learning how to deal with a union in the workplace and trying to have good labour relations. I wonder if some of the money that's allocated here for the back-end problems perhaps wouldn't need to be spent if RCMP management had training from outside the organization on how to do labour relations right.

This is an evaluative judgment that I don't particularly expect you to endorse, but my experience through the process on Bill C-7 and seeing the attitude of RCMP management in terms of how they treated RCMP members trying to organize was that this is not a management that understands what it means to have a union in the workplace, and they are not really ready to work constructively with a union. It seems to me that some upfront investment in training would be appropriate and would hopefully mean that we would see fewer line items in estimates related to resolving disputes.

I wonder if you could comment on the lack of money for that upfront bit.

November 9th, 2017 / 10:10 a.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Do you expect any other expenses following the outcome of ongoing discussions regarding the implementation of Bill C-7, and in light of what is going on currently, that is to say the fact that members wish to unionize?

November 9th, 2017 / 8:45 a.m.
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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Peter Hill is the associate vice-president in the programs branch of CBSA.

Anne Kelly is the senior deputy commissioner for the Correctional Service of Canada.

I am happy to have this opportunity to speak to you this morning on supplementary estimates (B). We are requesting these authorizations in order to continue to ensure the safety of Canadians, while protecting our rights and freedoms.

Before I get into the estimates, though, Mr. Chair, I want to take a moment to recognize that we are meeting this morning only a few days after Constable John Davidson of the Abbotsford Police Department was shot and killed in the line of duty.

In our jobs, we are privileged to meet police and other public safety officers and to deepen our appreciation of the difficult, dangerous, and absolutely indispensable work they do. We certainly share in the pain and in the profound sense of loss when an officer falls in the line of duty. I know that all of you join me in offering our sincere condolences to Constable Davidson's family and friends, to Chief Rich and his colleagues on the police force, and to the entire community at Abbotsford.

Now we turn to the matter at hand. The public safety portfolio in these estimates is requesting adjustments resulting in a net increase in authorities of $223 million. As always, our objective is to keep Canadians safe, while at the same time safeguarding rights and freedoms. In my remarks this morning, I will briefly explain how the authorities we are seeking in these supplementary estimates would do that.

The largest chunk of this funding will go to the RCMP, including over $60 million to implement the salary increases announced in April, which will be paid retroactively going back to January 1, 2015. We are also seeking over $28 million in integrity funding. I was pleased to note that the recent economic update also included an additional $100 million to support RCMP operations and the RCMP External Review Committee. This funding reflects some of the remedial measures that we took after the RCMP underwent over half a billion dollars in cuts between 2011 and 2015, to ensure RCMP members have the resources and support they need to keep doing their job of protecting communities and the country.

As you know, we've also passed Bill C-7, to bring the RCMP labour relations regime into compliance with the charter and with a judgment of the Supreme Court of Canada. That will, for the first time ever, give members of the force the right to bargain collectively. That legislation received royal assent in June, and the process of certifying a bargaining agent is now under way.

As all members will know, two studies on harassment in the force were completed earlier this year, one by the Civilian Review and Complaints Commission and the other by former Auditor General Sheila Fraser. Both of these reports are informing our way forward as we continue working to ensure the RCMP provides its employees with a safe and healthy workplace. Of course, that objective applies to every department and agency of the Government of Canada.

We've stepped up recruiting, with the RCMP training academy in Regina graduating 938 new officers in the fiscal year 2016-17. That's almost triple the number from 2013-14. The current year should generate another 1,100 new graduates, and then more than 1,200 in 2018-19. I've had the privilege of attending several graduation ceremonies at Depot, and welcoming Canada's newest Mounties to an organization with a long and proud history. You can be assured that I will keep doing everything I can to make sure that the RCMP's best days lie ahead of it, despite its fantastic history.

The RCMP is also included among the recipients of the $274 million over five years that we announced this past summer to support law enforcement bodies in their efforts to combat impaired driving.

In these estimates, Public Safety Canada, CBSA, and the RCMP are seeking a combined total of $20.1 million for the implementation of an initiative to build capacity to address drug-impaired driving.

We also recognize the importance of public education. That's why my department is seeking an additional $2.5 million to raise awareness about the risks and consequences of drug-impaired driving. This funding will support an upcoming advertising campaign to discourage Canadians, especially young and new drivers, from driving after using drugs. It will also build on a social media campaign we ran last March targeting young drivers and their parents.

Driving while under the influence of alcohol or drugs is the leading criminal cause of death and injury in Canada. This funding and the important new legislative measures in Bill C-46 are important parts of our efforts to prevent, detect, and punish impaired driving and to keep our roads safe.

Some $9.2 million is also being sought for the Department of Public Safety, the RCMP, and CBSA related to the new cannabis framework to be implemented next year. These include measures to ensure that organized crime is kept effectively out of the new legal system for dealing with cannabis and to beef up interdiction at the border.

Mr. Chair, we are also seeking authorities related to some of the extreme weather events Canadians have experienced this year. Severe flooding caused a great deal of damage to homes and communities in several provinces across Canada this past spring, particularly in Quebec and Ontario. As well, this summer's wildfire season in British Columbia was, as we know, one of the worst in recent memory. We are deeply grateful to the brave firefighters and other first responders who answered the call, as they always do, as well as the many ordinary—or, rather, extraordinary—Canadians who filled sandbags, volunteered at shelters, and generally stepped up to help friends, neighbours, and strangers in need.

When a natural disaster strikes, one of our key partners is always the Canadian Red Cross. The organization contributed greatly to a number of relief activities this year, including distributing immediate financial assistance to evacuees. We are pleased to contribute to the Red Cross, including $1 million to support its flood relief efforts across Canada this past spring and $38.6 million to support its relief efforts related to the B.C. wildfires. These transfers account for a portion of the total authorities we're requesting today.

Finally, Mr. Chair, the Correctional Service of Canada is requesting $12 million to address the needs of vulnerable offenders in the federal corrections system. Over 70% of male offenders and almost 80% of female offenders meet the criteria for some type of mental disorder, including substance abuse and misuse. To ensure that they receive proper care, you will recall, budget 2017 proposed investing $57.8 million over five years, starting this fiscal year, and then $13.6 million per year thereafter. These funds are for the expansion of mental health care supports in federal correctional facilities and follow up very specifically on advice we have received over time from the correctional investigator. CSC's requests for additional funding in these estimates are part of upholding this important commitment.

We also included in the budget over $110 million to support the reintegration of previously incarcerated indigenous people and to advance restorative justice approaches, and we have introduced, as you know, Bill C-56 on administrative segregation.

As you can see, we are focused on ensuring that federal correctional institutions provide safe and secure environments conducive to inmate rehabilitation, staff safety, and the protection of the public.

Mr. Chair, it's a big portfolio with lots of detail. I'll leave the detail at that and look forward to the next period with some questions.

Thank you.

Royal Canadian Mounted PoliceAdjournment Proceedings

October 4th, 2017 / 8:10 p.m.
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Vancouver Quadra B.C.

Liberal

Joyce Murray LiberalParliamentary Secretary to the President of the Treasury Board

Madam Speaker, the government takes its responsibility to keep Canadians safe and secure seriously, and that is reflected in Bill C-7.

As I mentioned, our government has made a huge step forward in restoring a culture of respect for and within the public service. We have rescinded some of the provisions the previous government put in place that were essentially an attack on collective bargaining and on unions. We have gone forward with collective agreements with 85% of public servants. We will continue to work on that until they are complete, and we will always respect our first responders and do our very best on their behalf.