Postal Services Resumption and Continuation Act

An Act to provide for the resumption and continuation of postal services

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Patty Hajdu  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment provides for the resumption and continuation of postal services and imposes a mediation process to resolve matters remaining in dispute between the parties. It also empowers the mediator-arbitrator to impose an arbitration process to resolve matters that cannot be resolved through mediation.

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

Nov. 24, 2018 Passed 3rd reading and adoption of Bill C-89, An Act to provide for the resumption and continuation of postal services
Nov. 24, 2018 Failed 3rd reading and adoption of Bill C-89, An Act to provide for the resumption and continuation of postal services (amendment)
Nov. 23, 2018 Passed 2nd reading of Bill C-89, An Act to provide for the resumption and continuation of postal services

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:25 p.m.

NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, if I had a dime for every time I heard someone from the government benches today say that they really do not want to do this, it is a last resort, our hands are tied, if only there was some way that we could have dealt with this, I would have a heck of a lot more money than the people on short-term disability at Canada Post who have not received a dime for the last five weeks because the minister did not have the courage to intervene.

The fact of the matter is that had the minister responsible for Canada Post been doing her job all along, then we would not be in this position. If she had appointed management with a mandate to get to the table and to make real changes in the workplace, either through collective bargaining or not, they could have accepted those ideas as good ideas and implement them in the workplace. There are a lot of ways that this could have been headed off and we would not have gotten here.

I cannot accept that from the member when he says that there was nothing else that could have been done. The only person , as far as I am concerned, who needs to be legislated back to work is the minister responsible for Canada Post, who has not been doing her job. I would like to know when she is going to start.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:25 p.m.

Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, this may not come as a surprise that I agree with very little of what the member across has said. I believe that both ministers have been on this file and have been focused on this file. For a year, these negotiations have gone on. Our federally appointed mediators were engaged right from the start. When we saw that the strike had been called and things had been stalled, we went again and appointed another mediator to put a clean set of eyes on this and an impartial set of eyes, and then later appointed a special mediator.

This has been a focus, something that has been top of the heap as far as the focus for both ministers. It just goes to show how entrenched both parties are and how difficult. We could do nothing other than this because both parties have just dug in on those particular issues.

We are doing what is responsible. We are doing what Canadians expect us to do as a responsible government.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:25 p.m.

Bloc

Simon Marcil Bloc Mirabel, QC

Mr. Speaker, I reluctantly rise today, on behalf of the Bloc Québécois, to speak to a bill that takes away one of the most basic rights of honest workers. I would like to begin by stating that I stand with the workers who are facing strong-arm tactics and who are being denied freedom of expression and the power to negotiate. The government is treating them like cattle, but Quebeckers see them as people. We recognize their work, we appreciate the service they provide and we are with them.

Taking away workers' right to strike makes government less democratic and more authoritarian every time it happens. In 2015, the Supreme Court was clear about that in its decision.

The ability to engage in the collective withdrawal of services in the process of the negotiation of a collective agreement is, and has historically been, the irreducible minimum of the freedom to associate in Canadian labour relations....the right to strike is an essential part of a meaningful collective bargaining process...

I am not the only one to have said it today. It is a quote from the Supreme Court.

This is a ruling from 2015, not 1822. Many things have happened since 2015, starting with a federal election that put the Liberals in power. Unfortunately, there is the same corporate culture as there was under Paul Martin. When a party moves to the other side of the House of Commons, it leaves a lot behind on the opposition benches, starting with its honour.

Let us begin by making one thing clear. “A rotating strike is not a strike, it is a pressure tactic used to force a negotiated settlement.” It was a fine, loyal Liberal who said that. The former mayor of Montreal, Denis Coderre, who lost the election, said that on June 23, 2011, when the Conservatives wanted to ram special legislation down postal workers' throats.

I want to clarify something else. Special legislation is the kind of last-resort measure a government uses to end a strike that has been dragging on and on and is affecting essential public services. It is not a measure to be taken lightly before strike action even begins in earnest. The government is not taking a last-resort measure today; it is literally depriving postal workers of their right to strike. Special legislation makes no sense when there is not even a strike on. Others have said so before me. The current Minister of Transport, the member for Notre-Dame-de-Grâce—Westmount, said exactly that on June 16, 2011, when the Conservatives were trampling on postal workers' rights with their own special legislation.

Does it come as any surprise to anyone that the Liberals would say one thing while in opposition and do exactly the opposite when in power? No.

Here in the House and elsewhere, people are used to Liberal ways. The Liberals are always like that. It is really something to see the government spend its time boasting about what a tough negotiator it is with respect to protecting the right to strike around the world in talks with its trading partners, when it is now suspending that right here at home. That comes as no surprise to anyone. Everyone knows that when it comes to workers' rights, the Liberals and the Conservatives are cut from the same cloth. The two parties are one and the same.

By imposing special legislation, they both infringe on workers' rights. It is shameful. By imposing special legislation, they both fail to show a modicum of respect for workers. That too is shameful. By imposing special legislation, they both conduct negotiations in bad faith, and that too is shameful.

Liberal or Conservative, the federal government is and has always been the government that treats its employees the worst. No one in the two major government parties cares about job security. That is what the little people care about. They are elitists. Workplace health is important to people who do physical labour, who work outside. Very little thought is given to that in ministers' wood-panelled offices. The only workplace injury they might get is a paper cut.

It is no coincidence that postal workers have been treated to special legislation in 1987, 1991, 1997, 2011 and today. That is how it works in Ottawa. It is 30 years behind Quebec when it comes to labour law. It is no coincidence that it is only at the federal level that employers still have the right to hire scabs when workers are on strike. It is no coincidence that it is only at the federal level that the right of Quebeckers to work in French is violated.

It is no coincidence that the federal government is the only one that could not care less about the safety of pregnant women and their unborn babies, since it will not let them apply for preventive withdrawal without penalty when the job becomes dangerous.

This is what happens when a government is so high and mighty and so far removed from the real world that it knows nothing about how things work in real life for ordinary people.

I introduced a bill to fix all of this, but even before it was debated, I could already tell what the two federal champions of management were thinking. They always side with the employer, never with honest citizens who simply want to earn a living with dignity.

In the face of so much bad faith in a case like this one, we have every right to wonder why the government will not back down. There are a number of possibilities. The first is that the Liberals are once again beholden to the web giants, and their campaign coffers are filled to the brim with donations from these giants, much like the Prime Minister's bank account was filled with money from Chinese bankers in July 2017.

The second possibility is that the government does not understand the issue, which is improbable, but would not be surprising.

The third possibility is that the Liberal members are, as usual, weak, spineless and gutless in the face of cabinet, which is helping itself to billions of dollars in public money to enrich its buddies, as we saw with the cannabis industry. What a bunch of cowards.

If I were a Liberal member of Parliament, I would be embarrassed to walk down the street and meet my constituents. If this were the wild west, the Liberals would be tarred and feathered. They would be paraded around town so they could feel the weight of the shame and contempt they inspire. A good Liberal MP is an obedient sheep who licks the master's boots. They should be ashamed of what they are doing.

It should come as no surprise that the Bloc Québécois sides with the workers and strikers and will vote against this bill.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:35 p.m.

Liberal

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Mr. Speaker, I listened to my colleague on the other side of the House. I do not really agree with him, but I do have a question for him.

He and I come from the same area, the Lower Laurentians, where there are many small and medium-sized businesses. With e-commerce, more and more parcels are being sent by mail. With the holiday season approaching, how will we make sure that middle-class Canadians get their parcels? Small and medium-sized businesses cannot use courier services like FedEx and UPS because they are too expensive.

What does my colleague have to say about that?

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:35 p.m.

Bloc

Simon Marcil Bloc Mirabel, QC

Mr. Speaker, I cannot help but find it surprising that my colleague wants small and medium-sized companies to have their parcels delivered by Canada Post. I can understand why, but I am somewhat surprised because buying local is also important. It is important to shop at local stores.

I am also surprised that my colleague is giving us lessons in economics, given that her government posted another $16-billion deficit in the last budget.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:35 p.m.

NDP

Karine Trudel NDP Jonquière, QC

Mr. Speaker, I thank my colleague for his speech. The government keeps repeating that it is imposing special back-to-work legislation because postal workers are holding a rotating strike.

In Saguenay—Lac-Saint-Jean, there has been just one day of strikes since the start of the job action. That is like one statutory holiday. The same goes for Sherbrooke and Abitibi-Témiscamingue, where postal workers were only on strike for one day.

I would like to know what my colleague thinks about the fact that the government is exaggerating the crisis fabricated by Canada Post. It has blown the situation out of proportion. What workers really want is to deliver the mail and, of course, to negotiate a collective agreement and settle the safety issue once and for all.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:35 p.m.

Bloc

Simon Marcil Bloc Mirabel, QC

Mr. Speaker, it is actually quite simple. The government decided to use a bazooka to kill a fly. As usual, it is trampling on workers' rights using special legislation when they are not even really on strike.

The real problem is that it is using economic principles as an excuse, while its $16-billion deficit proves that it is definitely not the best money manager. We will take no lessons from the Liberals on the economy. They think they know how it works, but I seriously doubt that special legislation will work to solve such an issue.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:35 p.m.

NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

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

One of the real questions here is whether this situation could have been avoided. A strike could have been avoided if the government had taken its responsibilities seriously and if it had appointed managers to Canada Post who would have taken the rate of illness and injuries seriously.

Does my colleague think the government did everything in its power to avoid the situation we are discussing here tonight?

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:35 p.m.

Bloc

Simon Marcil Bloc Mirabel, QC

Mr. Speaker, clearly, the government did not do everything in its power.

Instead of really working hard and settling the dispute, the Liberals imposed special legislation. They wanted to settle a dispute, but they did not have the guts to really get to work. They decided to pass special legislation instead. It is as simple as that. It was less complicated for them.

They are acting in bad faith.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:35 p.m.

The Deputy Speaker Bruce Stanton

Resuming debate. Before we go to the hon. parliamentary secretary to the government House leader, I will let him know there are only 12 minutes remaining in the time provided for debate at second reading of the motion that is before the House. We will get him started, just the same, and I will interrupt him at that 12-minute mark.

The hon. parliamentary secretary to the government House leader.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:40 p.m.

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, I have had the opportunity, like many members, to listen to the debate over the last 24 hours. At times it can be a very emotional debate and I recognize that. I come at it from a different perspective in that in 2011 when I was on the other side of the House, the Liberal Party had third party status.

What we saw under Stephen Harper was a different approach to Canada Post. It was an approach that my caucus colleagues and I believe did not recognize the true value and contributions made by Canada Post workers for generations in Canada. Whether it is door-to-door delivery or sorting the mail, Canada Post workers' sense of commitment to providing quality service has been there virtually from day one.

We were quite taken aback and disappointed with Stephen Harper when he initiated a number of changes. His back-to-work legislation was profoundly different and cannot be compared with what we are introducing today, or just his government's general lack of respect for the Crown corporation. Many individuals honestly believed that the Conservatives had a hidden agenda, one that wanted to see the demise or the privatization of Canada Post. There were many individuals who were of that opinion.

My colleagues and I were quite upset with the government of the day. We did make some commitments in the last election. I am happy to say that on virtually all fronts, we have acted on those commitments, even the ones related to Canada Post. When I look at what I have witnessed over the last 24 hours, I am somewhat discouraged by how some in the chamber have turned this into a political manipulation of our union movement.

I will compare my 30 years as a parliamentarian, having worked with New Democrat governments in the province of Manitoba, with that of any New Democrat. I do not need to be told about the importance of collective agreements, because I was there during minority governments. My colleague remembers quite well the issue of final offer selection and how the provincial Liberals tried to save that and the NDP in opposition sabotaged it. That is true. I was there when I witnessed other New Democrat regimes bring in back-to-work legislation.

However, if we listened to the debate over the last 24 hours, we would think that there is not a New Democrat member of the House who would ever support back-to-work legislation. That is just not true. That is the impression members are trying to those who provide our fantastic postal services. We need to reinforce how much we appreciate the day-in and day-out service that our letter carriers and mail sorters put in. On this side of the House we appreciate and value that work.

The amount of hypocrisy that I have witnessed from the New Democrat caucus is overwhelming. We have had many NDP premiers, and over a dozen times they have brought in back-to-work legislation. By the way, the New Democrats are the same party provincially and federally. It is only the NDP in opposition who try to give a false impression that they are the only party that cares about unions.

I can tell the House that this government understands and appreciates the importance of harmony within the workplace. That means we are behind our workers in Canada. If members look at the government initiatives we have implemented since virtually day one under this Prime Minister, they will see that these aimed at getting rid of the legislation the Conservatives brought in through the back door to harm our union movement. Some of the very first legislation that we saw introduced in the House was brought forward to deal with that.

When we talk about the working person here in Canada, it was this government that understood the importance of pensions. We negotiated agreements with all of the provinces and territories on the CPP, realizing how important retirement income is.

When we talk about this particular legislation, and I say this to all of our Canada Post workers, it is profoundly different from all of the Conservatives' legislation, and there is still the opportunity to see a sense of fairness at the table. I would tell the Canada Post workers whom I represent in Winnipeg North not to believe the New Democrats, who are trying to hoodwink members, because at the end of the day we believe in protecting our workers' rights. This legislation was designed to ensure a sense of equality and opportunity not only for Canada Post, but also for its workers in particular. We do not need to take a lesson from my New Democrat friend across the way.

I was here when the New Democrats played that little game of trickery during the vote. The member for Hamilton was in cabinet in an NDP government that not once, not twice, but three times voted to bring in legislation forcing teachers back to work. That was back-to-work legislation. He stood in his place and voted for it. He was not the only New Democrat currently on the benches here who did that. The member who sits right beside him also did so. However, in some sort of a principled stand, they then get up and say they are defending the unions. Excuse me for being somewhat skeptical of the actions I have witnessed over the last 24 hours by the party I had always thought was a bit more straightforward.

Maybe it is because I am from the province of Manitoba, but in Manitoba we recognize the important role that our unions have played in society. In 2019, we will mark the 100th anniversary of the 1919 union strike. The organizing committees and much of the organizing took place in my home constituency of Winnipeg North. I am very proud of that. For 30 years I have talked about the importance of the union movement. If we look at many of the positive social programs that we have today, they are in good part because of union activists. It was people within the union movement who said that it was not about political parties, but about the betterment of society.

I have had the opportunity to talk with letter carriers and mail sorters. I can say that no one wants to see a strike. We did not want to see this take place. The NDP are trying to give the false impression that we are biased toward Canada Post. Nothing could be further from the truth. Every member on this side of the House wanted to see a negotiated agreement between Canada Post and the union management representatives. It does not make me happy that we had to resort to bringing in this legislation.

I do not like the fact that my New Democrat friends tried to give the false impression that I am glad this legislation is being tabled. I am not glad, but I do recognize its importance.

The economy has changed, absolutely. Some people across the way might not recognize that. Thirty years ago e-commerce on the Internet was nowhere like it is today. Today, e-commerce generates hundreds if not thousands of jobs here in Canada, good, solid, middle-class jobs. Those are important jobs, as are the jobs in all the different industries in our country.

Think in terms of those seniors or individuals with disabilities who are very dependent on the mail. Imagine how important the Christmas season is for many companies to realize the profits that are so important to carry them over January and February.

To give the impression that our economy is not hurting at all, even from a rotating strike, is somewhat of an exaggeration. The government has to do its job and protect the economy and protect the interests of Canadians so they can receive valuable parcels, whether of contact lenses, Christmas presents, or cheques from insurance companies. All of these things are absolutely critical at this time of the year.

Sometimes governments have to make tough decisions, and that is really what this has been about. This was a tough, regrettable decision that had to be made to ensure that Canada's middle class and those aspiring to be a part of it, as well as those in need, are served by what has been an incredible workforce in Canada, our letter carriers and postal workers.

I will conclude my remarks by paying tribute to what is a first-class Canada Post and those who work for it.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:50 p.m.

The Deputy Speaker Bruce Stanton

It being 10:52 p.m., pursuant to an order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:50 p.m.

Some hon. members

Agreed.

No.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:50 p.m.

The Deputy Speaker Bruce Stanton

All those in favour of the motion will please say yea.

Postal Services Resumption and Continuation ActGovernment Orders

November 23rd, 2018 / 10:50 p.m.

Some hon. members

Yea.