Bill C-89 (Historical)

Postal Services Resumption and Continuation Act

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

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.

Canada Labour Code

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, I am talking about Bill C-58, but in talking about that bill, we need to put it in a historical context of why the Conservatives have been so anti-worker and so anti-union and have been repeatedly unafraid to use a legislative sledgehammer against workers and their unions in federally regulated sectors. That is what Bill C-58 is designed to protect, and Canadians need to understand they have a long history of being anti-worker and anti-union. This is a chance for them to try to redeem themselves from that shameful history.

Before the Liberals think they are going to get off the hook in my speech, let us turn to the Liberals and back-to-work legislation because both of these parties are equally guilty when it comes to that.

In 2018, the Liberals brought in Bill C-89, which ended the postal strikes and forced the Canadian Union of Postal Workers back to work.

In 2021, there was Bill C-29, which ended the strike of CUPE local 375 and its fight against the Port of Montreal.

Before my Conservative colleagues get a little too high on their horse, I would like to point out for both of those bills the Conservatives supported the Liberals, showing that when it comes to controlling workers and fighting against their interests, these parties more often than not have been voting in lockstep.

This is important, because if we look at the different lines of work that are covered by the Canada Labour Code we are talking about federally regulated workers in air transportation, banks, grain elevators, feed and seed mills, most federal Crown corporations, ports, marine shipping and ferries, canals, bridges and pipelines, postal and courier service, radio and television broadcasting, railways and many more. This legislation would impact thousands of workers, and it is important we show a united front and demonstrate that as members of Parliament we have their backs and are putting in legislative safeguards.

The history of Canada is one of labour fighting for its rights against corporations. There has been too much corporate deference over the last number of decades, and I am proud to see how that pendulum is starting to swing back into workers' favour these days. They are becoming more militant, more assured of their rights and more ready to use their collective bargaining to achieve those more powerful working conditions and better paycheques for themselves. I am proud to be able to stand in this place and offer them support.

Seeing as I am in the closing minute of my speech, I want to take this final opportunity I have in the House to wish all of my colleagues from all political parties a very merry Christmas and a very happy new year. We have had strong and principled debates and arguments in this place, but I hope everyone in this place has the opportunity over Christmas to spend some much needed time with their families and their friends and to reconnect with their constituents. I look forward to seeing everyone back here in 2024 as we continue the hard work of governing this country.

Port of Montreal Operations Act, 2021

[Scott Duvall, NDP, Hamilton Mountain, ON]

Madam Speaker, as I listen to this debate, I continue to become more upset. Not only is the government stripping these workers of their charter right to strike, it issued notice of its intent, through this expedited legislation, to force workers at the Port of Montreal back to their jobs before they even began their strike. What is worse is that the government continues to fearmonger about COVID-19-related supplies with claims that continue to go unsubstantiated. I would like to address this with a quote from an article by FreightWaves published on August 20, 2020. It states:

The union representing longshore workers at the Port of Montreal agreed on Thursday to move some containers holding goods needed in the fight against COVID-19.

“The Maritime Employers Association and the longshoremen’s union have agreed to move containers that contain controlled substances and COVID-19-related merchandise and to unload a ship containing sugar,” the MEA announced early Thursday afternoon.

I hope this puts an end to the reprehensible nonsense. If there is any issue with important pandemic-related supplies not getting to where they need to go, that is certainly not on the union or the workers. Look to the government or the Canada Industrial Relations Board.

The legislation itself would do the following. It would force the employer and the union to extend their expired collective agreement, prevent the employer from locking out workers and prevent the union from striking.

I would like to provide some context to this bill before I give further remarks. In 2019-20, the Canada Industrial Relations Board heard the employer's application for a determination on essential services. The employer's counsel used every trick in the book to stall things at the CIRB, including a motion for the board chair to recuse herself, and forwarded judicial review applications. After the decision was issued, CUPE Local 375 went on strike for 12 days in August 2020. Workers went back to work after a truce agreement was signed, giving the parties seven months to conclude a deal. The union worked with the federal mediation service all this time. On April 16, the union reviewed its strike mandate with a 99.3% vote.

The union finally offered to end the overtime and weekend strike if the employees reverted to the working conditions applicable before April 9. On April 23, members of the union declared their mandate of an unlimited general strike as the employer did not show it wanted to negotiate in good faith. As we know, the minister then signalled before the general strike started that the government would be tabling legislation to force workers back to work, despite their charter right.

The minister should know, if she is speaking to both sides, that this strike can quickly come to an end without the need for legislation. The union has made it very clear that it would cease all forms of work disruption with one fair request to the employer to stop the pressure tactics and collective agreement violations.

I will read what a CUPE spokesperson had to say:

If the Maritime Employers Association (MEA) doesn’t want a strike, all it has to do is let up on its pressure tactics and the union will do likewise. No overtime strike. No weekend strike. It’s straightforward. We want to return to the bargaining table.... We don’t want to hurt the Montreal economy. However, we do want to exercise our fundamental right to bargain collectively.

The minister, in her speech on Government Business Motion No. 5, said the following:

Our government firmly believes that the best deals are reached at the bargaining table. However, intervention is sometimes necessary when the parties are at a significant and long-standing impasse, particularly when a work stoppage is causing significant harm to Canadians. We cannot allow the situation we saw in August 2020 to repeat itself, particularly in the midst of this pandemic. If the current stoppage continues, serious accumulated and negative impacts will continue to be felt all over Canada.

Again, the minister has not provided any concrete examples or data of the direct, significant benefit to Canadians. She continues to fearmonger without concrete facts. Instead of facts and data, all I am hearing is a bunch of quotes from lobbyists about what they speculate may happen. The only relevant fact that I have heard from the government about the actual effect of the work interruption was related to the August 2020 strike. This is relevant. What happened to those ships and the supplies they were carrying? They simply got diverted to other ports.

I have no doubt, and acknowledge, that this has made for significant changes and complications to supply chains and land transportation of goods, but this is part of what happens in a strike. Given the fact that she is the labour minister, I would expect the minister to be aware of this and instead monitor the situation. Her job is not to say that the sky is going to fall and then give notice that she will revoke the charter rights of workers to strike before their strike even begins.

Back-to-work legislation is known to have lasting, negative effects. When we take away the charter rights of hundreds of people by an act of Parliament and force them back to work like this, it really affects the morale of workers. I know. I have seen it. What it also tends to do is sour the relationship between the employer and the employees.

By way of example, let us look at the track record of back-to-work legislation and providing a swift resolution to drawn-out collective agreement talks. Bill C-89, an act to provide the resumption and continuation of postal services, was passed by this same Liberal government in the House of Commons on November 24, 2018. It received royal assent two days later and came into force at noon on the following day. Here is what representatives of the Canadian Union of Postal Workers had to say about being forced back to work to help resolve the situation a whole year after being back.

Though the legislators who passed the bill may have thought it would resolve the situation, nothing is fixed, no contract is in place, and we’re still working without a new collective agreement, without the right to strike, under the dangerous and unfair conditions that we were trying to deal with in negotiations.

They go on to speak very directly about the overarching problems being suffered due to the nature of back-to-work legislation.

Workers pay the price for back-to-work legislation. CUPW members worked two and a half years without new contracts, with the same old problems we were trying to solve through bargaining back in 2018.

After finally getting a contract, though imposed by an arbitrator some 400 days after the back-to-work legislation, significant issues are still not satisfactory. I suspect these will be part of the next round of bargaining next year. This type of legislation is a way of kicking the can down the road via a still drawn-out process all while taking away the employees' right to collective bargaining.

I think it is important for Canadians listening to know that it is not just Liberal governments that impose the harmful and unfair labour practice of back-to-work legislation. In fact, one could say that the Liberal government learned this tactic from the Harper Conservatives and is carrying on the torch of stripping workers of their charter right to strike. Let us have a look at back-to-work legislation by the Conservatives.

The Conservatives legislated the following groups back to work: the Air Canada Pilots Association and the International Association of Machinists and Aerospace Workers, the Teamsters Canada Rail Conference, the Canadian Union of Postal Workers and the United Transportation Union.

Before I end, I do want to raise that the government has still not addressed my concern about a recent development. It is my understanding that there was a proposal put forward last evening to avoid the need for Bill C-29. While I am not privy to all the details of this proposal, I do know the employer, the union and the government were all made aware of the said proposal. This proposal would have involved a return to work, as well as the resumption of the flow of goods.

I am being told it was only the employer that objected to this proposal as a way forward. I think it would be a further injustice and shameful for the government to continue its pursuit of this motion and legislation, given the employer's unwillingness to play ball.

I call on the government to allow the workers to pursue their right to strike.

Canada Post

[Marc Serré, Liberal, Parliamentary Secretary to the Minister of Rural Economic Development]

Mr. Speaker, I thank the member for Elmwood—Transcona for bringing up this important issue.

I am happy to rise today to speak about our government's introduction of back-to-work legislation to ensure the resumption and continuation of services at Canada Post.

Our government has always recognized that unions play an important role in protecting workers' rights and in growing the middle class.

I would remind the House that under the previous government, many of the fundamental labour rights that unions fought to secure were rolled back. It was more difficult for workers to organize freely, bargain collectively in good faith and work in a safe environment.

When we came to power, we restored fair and balanced labour laws that recognize the important role that unions play in Canada. We abolished Bill C-377 and Bill C-525, which weakened Canada's union movement.

We recognize that unions are important in helping the middle class grow and prosper. We also believe in a fair and balanced approach to labour relations.

This is why the government did everything it could to support Canada Post and the Canadian Union of Postal Workers and encourage them to sign new collective agreements.

However, despite our efforts, the parties were unable to reach an agreement. We brought in back-to-work legislation, Bill C-89-, on November 22. The rotating strikes ended and postal services resumed.

On December 10, the Minister of Labour appointed Elizabeth MacPherson, a former chair of the Canada Industrial Relations Board, to help the parties reach new collective agreements.

The most recent collective agreements have been extended until new agreements can be reached. The work stoppage at Canada Post has had significant negative impacts on Canadians, charities, businesses of all sizes, international commerce and Canada Post, its workers and their families.

Canadians and businesses rely on Canada Post and its workers, especially during the busy retail season. We had to take action. Let me be clear that back-to-work legislation was a last resort, but a necessary one after having exhausted all other options. It was necessary to avoid future harm to the economy.

We took these steps, and we continue to ensure that there is fair negotiations between Canada Post and its union to reach a negotiated settlement.

Canada Post Corporation

[Rodger Cuzner, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, I know that my colleague and I can certainly agree on the fact that in the best-case scenario both sides are able to sit down at the bargaining table and come out with an agreement that is of benefit to all. Unfortunately, there are instances that arise where such is not the case and an agreement is elusive. That is when governments have to take action.

As we have previously said, back-to-work legislation is a last resort solution. It is something that this government certainly did not take lightly. We did everything we could to support and encourage Canada Post and the Canadian Union of Postal Workers to reach that negotiated collective agreement. Throughout the process, which was going on for well over a year, the parties were assisted by federal conciliation officers, mediators and a special mediator. Alas, despite these efforts, the parties were unable to reach a new agreement.

As a last resort, the government tabled Bill C-89 in November 22 of last year. This set out the process by which the parties were required to work with an independent mediator-arbitrator and the employees would return to work. On November 26, Bill C-89 received royal assent, the rotating strikes ended and all postal services resumed on November 27.

Since Canada Post and CUPW were unable to agree on a mediator-arbitrator as per the process outlined in the legislation, our government appointed a former chairperson of the Canadian Industrial Relations Board to serve as the mediator-arbitrator to assist the parties in reaching a new collective agreement.

It seems to me that it is worth noting that the member across has conveniently forgotten about the many changes our government has brought forward for workers because this is about workers. We have passed legislation to modernize federal labour standards in this country, which have not been updated since the 1960s. These changes stem from extensive consultations with stakeholders who have told us the same thing, time and time again: The way Canadians work has changed, but federal labour standards have not.

The modern set of labour standards we have introduced will better protect Canadian workers, especially those who are most vulnerable, such as workers who are in part-time, temporary or low-wage jobs and it will help set the stage for good-quality jobs. This modern set of standards will also help ensure employees in precarious work are paid, treated fairly and have access to labour standards by introducing equal treatment protections.

These are just some of the measures that we have taken to show respect in our approach to labour as a government and in developing the labour laws that are needed for today's workforce, but also respecting collective bargaining, making sure that Canadian workers are shown respect and that the Government of Canada is there not to put its thumb on the scale.

[Steven MacKinnon, Parliamentary Secretary to the Minister of Public Services and Procurement and Accessibility, Lib.]

Madam Speaker, during the last election campaign, there was a lot of talk about Canada Post and its future. We promised to destroy Mr. Harper's plan and adopt a new plan. We consulted at length with people across the country, including postal workers. We concluded these consultations with a good plan, a plan for the future that respects Canada Post employees.

I would like to clarify some of the facts about the benefits employees are entitled to in the event of a strike. It is an unfortunate fact that during a strike, some of the benefits that Canada Post employees receive could be affected because the collective agreement has expired. However, this would not be true for all benefits. For example, during a strike, employees could continue to have prescription drugs covered.

Moreover, during the strike action that took place in November 2018, Canada Post put in place a mechanism to make it possible for employees to request an exemption from any denial of benefits on compassionate grounds. I would like to also add that employees continued to keep their EI benefits, such as maternity and parental benefits, during the strike.

Although the employees are now back to work, negotiations on a final agreement are under way. I believe that we will reach a good collective agreement.

Our government urged the two parties to continue with bargaining for more than a year. We believe that a respectful dialogue between the two parties is the best way forward and the best way to reach a fair agreement.

We reached a turning point last year, with the stalled negotiations and weeks of rotating strikes across the country. Jobs, the well-being of the most vulnerable Canadians and our economy were all in jeopardy.

It is our job to do what is right for Canadians. That is precisely what we did when we introduced and passed Bill C-89, which got Canada Post back to work on November 27, 2018, while setting out a process for continuing negotiations with an independent mediator-arbitrator.

I am confident that Canada Post values its relationship with the union. Certainly, that is something that we have encouraged the new management and new board to pursue. I am encouraged that they have been able to find common ground on many issues. Moreover, I know Canada Post values its relationship with Canadians, who more than ever depend on it to deliver.

Both sides of this dispute are working hard to resolve these issues. The arbitration process outlined under Bill C-89 officially began on January 16 of this year.

As the Minister of Labour said when tabling Bill C-89, this was a last resort, something that our government had done everything in its power to avoid. While we did not take the decision lightly, we acted as we always do, with the best interests of all Canadians in mind.

Canadians should expect nothing less from us as parliamentarians. Our objective has always been to restore necessary services to all Canadians in the immediate term and to encourage those involved to find common ground for the long term.

Canada Post

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, today, the Prime Minister is attending an event on gender equality and women's economic participation, yet his unconstitutional Bill C-89 forced rural and suburban mail carriers back to work for less pay than their male counterparts, this despite an arbitrator's award for pay equity that continues to be ignored by Canada Post.

The Prime Minister talks a good game, but actions speak louder than words. Back-to-work legislation forced postal workers back into inequality. What is so feminist about that?

Canada Post Corporation

[Rodger Cuzner, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, Canada Post Corporation and the Canadian Union of Postal Workers had been negotiating collective agreements for unionized urban and rural workers, but they were unable to reach an agreement. Our government has done everything it can to support and encourage Canada Post and CUPW to reach a new negotiated collective agreement.

Throughout the process, which had been going on for over a year, the parties were assisted by federal conciliation officers, mediators and a special mediator. Despite these efforts, the parties were unable to reach new agreements. On November 22, the Government of Canada tabled Bill C-89, which set out a process by which the parties were required to work with an independent mediator-arbitrator while the employees returned to work.

We legislated a fair and balanced process, not a deal, not a one-sided agreement. Our government took action because of the effects the rotating strikes were having on Canadians and small Canadian businesses.

Canada Post and CUPW were unable to agree on a mediator-arbitrator as per the process outlined in the legislation. On the advice of the chairperson of the Canada Industrial Relations Board, Elizabeth MacPherson, a former CIRB chair, has been appointed to serve as mediator-arbitrator to assist the parties in reaching a new collective agreement.

Canada Post and CUPW have seven days to come to an agreement. This period can be extended to 14 days if both parties consent. If agreements are not reached in this period, Ms. MacPherson will be required to arbitrate all outstanding issues based on a number of guiding principles that are fair and balanced to the interests of both parties.

These principles include the need: to ensure the health and safety of employees; to ensure employees receive equal pay for work of equal value; to ensure the fair treatment of temporary, part-time and other employees in non-standard employment as compared to full-time and permanent employees; to ensure the long-term financial sustainability of Canada Post; to create a culture of collaborative labour-management relations; and to have Canada Post provide high-quality service at a reasonable price to Canadians.

Make no mistake that Canadian workers will be heard through this process. The government remains hopeful that the two parties will be able to negotiate new agreements. We will continue to monitor the situation very closely.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, despite the Prime Minister's claims of being a friend of labour, he and his government have proven, once again, that there is no difference between Liberals and Tories.

It is postal workers who are suffering the tragic fallout of the same old story. Despite the fact that the Conservatives' back-to-work legislation forcing CUPW back to the Canada Post workplace in 2011 was deemed unconstitutional by the Ontario Superior Court, the government one-upped Stephen Harper.

It put profits ahead of people, and rammed Bill C-89 through in record time, using time allocation and procedural tricks to ensure less time for debate and consideration than Stephen Harper ever did.

The Prime Minister has managed to out-Tory the Tories, all the while claiming to be on the side of labour. What a joke. Bill C-89 forced postal workers to return to work on November 27 under their previous collective agreements, after five weeks of rotating strikes, which means that between then and this Christmas, at least 315 disabling injuries will happen to postal workers. Rural and suburban mail carriers will work roughly 250,000 hours without pay. Urban postal workers will work thousands of hours of forced overtime.

In 2011, the Conservative government imposed back-to-work legislation after Canada Post locked out CUPW members for two weeks. Ontario Superior Court Justice Stephen Firestone later determined that the legislation violated the rights to freedom of association and freedom of expression under the Canadian Charter of Rights and Freedoms.

In 2015, the Supreme Court of Canada declared the right to strike to be fundamental and protected by the Constitution.

CUPW was fighting for its members' lives and safety. The rate of workplace injuries has skyrocketed since postal transformation. Rural and suburban mail carriers continue to be paid less than urban workers, despite an arbitrator's decision that Canada Post should pay all workers equally. Forced overtime means workers are unable to spend time with their families and unable to see their children before bedtime. It means longer hours walking longer routes with heavier loads in dark and dangerous conditions.

All the while, Canada Post Corporation is profitable. If it were to consider any of the proposals in delivering community power offered by the union and its partners, its increased profitability and sustainability would be ensured for generations to come.

The government, in its arrogance, has ignored workers' charter rights to organize and to withdraw services when the employer refuses to bargain a collective agreement in good faith. Every person in this country who earns a living from employment should be aware of, and hopefully furious with, the government's abuse of their human and constitutional rights.

New Democrats stand with workers. New Democrats stand with CUPW. Make no mistake about it, CUPW is fighting for every worker in this country, for safe working conditions, for fair and equal treatment, and to be compensated fairly for ensuring profits for the corporation.

The Prime Minister's sunny words in support of labour have tarnished in the light of his actions. The joke is on Canadians, and it is a sadistic joke played on Canadians who thought they had gotten rid of Stephen Harper.

The anti-work agenda and the refusal to advocate for those who create the wealth and deliver the services is alive and thriving under the Liberal Prime Minister.

[Majid Jowhari, Liberal, Richmond Hill, ON]

If you could provide the committee with an example and a percentage of how much is done, we would really appreciate it.

Minister, following up on the passion demonstrated by my colleague Mr. Blaikie, I'd like to talk about the recently passed Bill C-89. This bill was quite different from the previous bill, Bill C-6, which was passed in 2011, and has many positive and different approaches to bringing in back-to-work legislation.

I would like to ask you to highlight some of those positive or different approaches.

Bill C-86—Time Allocation Motion

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, here we are again with an 800-plus page budget implementation act, and who is answering the questions? It is not the Minister of Finance. It is the Minister of Employment. Now she brags that there have been 15 hours of debate on a massive budget implementation bill, yet here is the Minister of Employment answering the questions. Perhaps it is because she is used to this undemocratic process. After all, this is the minister who forced Bill C-89 through the House with limited debate. In the other place, the unelected place, she allowed a massive study and allowed them to come in as witnesses. This is the same minister who took away the right to a secret ballot for unionization, yet here is the Minister of Employment answering questions, because the Minister of Finance will not.

Will she answer one simple question? When will the budget be balanced?

Canada Post

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, Bill C-89 will force postal workers back into the toxic workplace they have been working to improve for over a year. Increased risks of workplace injury, forced overtime, stress and mental health issues, and pay inequity are the real crises people are facing that need to be addressed. Ignoring them comes at a human and financial cost to the workers.

Why are the Liberals so determined to force the workers back knowing that they will be injured on the job? How can they not be ashamed of this?

Postal Services Resumption and Continuation Act

[Karine Trudel, NDP, Jonquière, QC]

Madam Speaker, it is with indignation that I rise to speak to Bill C-89 for the resumption and continuation of postal services.

The Minister of Employment, Workforce Development and Labour claims that the government exhausted all options, but let us not forget that the government did this knowing full well that special legislation would be ready if postal workers did not bend to their employer's demands. The Minister of Labour presents this dispute as a long list of proposals by Canada Post and its employees. That is inaccurate. The one thing Canada Post did was to allow the negotiations to go on for a long time without proposing any real solutions for its employees. Thanks to the Liberals, Canada Post got what it wanted, namely back-to-work legislation under the same conditions. Incentive for negotiation and the balance of power have evaporated since employees know that they will be forced to go back to work sooner or later.

In 2011, the Harper Conservatives imposed this same measure, which was ruled unconstitutional by the Supreme Court. At the time, the Liberals condemned the very same back-to-work legislation they are now about to use. Ultimately, there is very little difference between a Liberal government and a Conservative one. Workers know that the NDP will fight for their rights every time, not just when it suits us.

There is one important point I want to raise: postal workers are not happy about going on strike. For thousands of middle-class families, striking is they only way they can maintain a position of strength vis-à-vis Canada Post. The Liberals and the Conservatives are spreading a false message when they say the strike is completely blocking mail delivery. The union chose to do rotating strikes specifically because it does not want to block mail delivery and wants to minimize the impact of strike action on small businesses.

A few days ago, Canada Post announced that it was the last chance to process the mail backlog before the avalanche of holiday packages hits. That is not true. Canada Post invented a false crisis over the mail backlog to get the government to intervene, and the government took the bait. Canada Post said that there were hundreds of mail trucks, which has since been proven to be untrue. Canada Post convinced the government that there would be no Christmas without back-to-work legislation.

People are receiving their mail and their online orders, in spite of what the Minister of Labour said. Nancy Beauchamp, a member of the CUPW bargaining committee, confirmed that at the Léo-Blanchette processing centre in Montreal, for example, there are currently no delays and no backlog of mail.

The minister also said that low-income Canadians waiting for their cheques were penalized by postal workers' rotating strikes. This is not true. The mail delivery process will not allow for the cheques to be delayed. The union chose to hold rotating strikes so as not to impact the public.

Now, the Liberals and the Conservatives are walking hand-in-hand toward a law that will undermine the constitutional right to free bargaining. The alarm that Canada Post is sounding is only as legitimate as the Liberals and Conservatives make it. The Canadian Union of Postal Workers has acted in good faith in this dispute. It proposed ideas for improvement, but Canada Post turned a deaf ear. Management refused to implement any lasting solutions to the problems pertaining to pay equity between men and women, the job insecurity of some of its employees, or the health, safety, and unpaid overtime of rural mail carriers. This was an opportunity for the Liberals to clearly show whose side they are really on.

Rather than standing with workers and supporting free and fair bargaining, the Liberal government chose to support Canada Post management to the detriment of employees. Are the Liberals aware that forcing employees to go back to work will cause them to lose all of their leverage? The government knows that Canada Post employees have always been willing to negotiate in good faith and to quickly reach collective agreements. The Liberals could very well have ordered Canada Post to do the same by trying to negotiate in good faith with the union, but instead, the Liberals are hastening to Canada Post's rescue.

Now that Canada Post is concerned about profits and companies like eBay and Amazon are concerned about the delivery of their packages, the Liberals are imposing a return to work that would wipe out the efforts of the Canadian Union of Postal Workers. This legislation would reintroduce the same working conditions. We need to reach an agreement, not vote on back-to-work legislation that will scrap all the negotiation efforts.

The government keeps saying it is in favour of negotiations, but it introduces a back-to-work bill. What is the logic behind that?

Yesterday, the Minister of Employment, Workforce Development and Labour said she was confident “that we have used every tool in our tool box to get a negotiated agreement.” Is she confident? Have they really used every tool in their tool box?

Let them call the employer and tell it to sit down at the negotiating table. If Canada Post management had truly wanted to avoid a strike, then all it had to do was show up on time at the negotiating table and stop asking the government to bail it out of its bad management decisions.

That is what is happening today. What is worse is that the Liberals believe it. Does the government believe postal workers who want better protection and better working conditions? We must let negotiations continue. Rotating strikes will let the mail be delivered, which is what the union always wanted.

Now, the Liberals, including the member for Gatineau, want to convince us that we cannot wait any longer and that arbitration is the route to take. I may be naive, but I still hope that this arbitration will be transparent and fair, and that it will put employer and employees on an equal footing. However, when we take a closer look at how arbitration works, we quickly understand the government's decisions. Under arbitration, the decision-making process and the final decision are completely confidential. The union will not be able to rely on the means currently at its disposal to achieve a balance of power with Canada Post because all employees will be forced to go back to work under the deplorable conditions that I described earlier.

Things were the same for Canada Post in 2011. The union was afraid of being forced to accept a collective agreement despite arbitration and special legislation. That is why it pursued a negotiated settlement. The Harper government's back-to-work legislation imposed regressive collective agreements on postal workers. Today's back-to-work legislation is clearly infringing on workers' rights under the Canadian Charter of Rights and Freedoms. If the Liberals think that has changed, they have a short memory. Need I remind them that, in 2015, the Prime Minister made it a priority to improve labour relations at Canada Post and uphold the principle of freedom to negotiate?

Let me say that back-to-work legislation for postal workers will be a very tough sell. That is why I move, seconded by the member for London—Fanshawe:

That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-89, An Act to provide for the resumption and continuation of postal services, because it:

(a) prevents the use of the constitutional right to strike, an essential part of the collective bargaining process; and

(b) clearly violates the rights workers have under the Charter.”.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

moved that Bill C-89, An Act to provide for the resumption and continuation of postal services, be read the third time and passed.

Madam Speaker, let me be clear. Our government is using back-to-work legislation as a last resort. I have said many times that the best deals are reached at the table and that I will always have faith in the collective bargaining process. Having said that, it is clear that in this situation the government had to act, which is a decision I do not take lightly.

For a year, the government has been doing everything possible to support and encourage both sides to reach a deal at the table. We provided conciliation officers, appointed mediators and offered voluntary arbitration. We re-appointed the special mediator in a last-ditch effort to reach a deal, and now we have exhausted all of our options.

Over the last five weeks, Canadians in over 200 communities have seen delays. Small businesses are paying more for shipping, consumers are less and less confident that their packages will arrive, and vulnerable Canadians are worried they will not get their cheques on time. This is a very busy time of year. Businesses are relying on Canada Post in order to have a profitable holiday season, and Canadians need to see as quickly as possible that mail and packages are moving and that they can depend on a reliable and predictable service.

These work stoppages are having a serious impact on Canadians businesses as well, especially during the busiest time of year for e-commerce. For many Canadian businesses, their busiest time of year is from now until the end of the holiday season. With a parcel backlog that may well go into 2019, Canadians are losing confidence. They are cancelling orders, or they are not ordering at all. It will not be long before we start hearing of small businesses that cannot survive. We can do something to help and we must.

I will tell members about Maureen Lyons, owner of Mo McQueen and Sons. She said:

If by the end of the week, by some miracle, things could resume or at least the shopping public's faith in the system of delivery could be restored, I think it would help a great deal. We are as grassroots as it gets. I don't make a ton of money as it is. It is so frustrating. We 're the little guys. And I'm not just a seller ... I'm also trying to find things for my own children for Christmas that I can't get.

How can we expect Canadians to place orders when they cannot be assured they will receive their packages on time? At the same time, Canada Post has asked its international partners to stop shipments to Canada. What kind of message does it send to Canadian businesses? The holiday season starts this week, and package loads are about to double. We are at a critical moment when inaction on our part would be irresponsible.

The Retail Council of Canada, believes this situation can be fixed if the strikes are brought to an end without delay. Karl Littler, spokesman for the Retail Council of Canada, says that “It's a matter of averting the crisis before it becomes full-blown”. We need to avert this crisis.

Most of us in the House know someone in our communities who has opened a business selling locally sourced or even handmade products. We do what we can to support these businesses. We want to see them thrive. In fact, I have many such businesses in my riding. Often they are young entrepreneurs with investments from family, and sometimes the only money they have, invested in these businesses and are trying to grow them to support themselves and the local economy while also hiring people in their new businesses.

Many of these businesses rely on online sales to survive, especially at this time. In fact, the fourth quarter is when many local and family-owned businesses make the majority of their sales. If the strikes are left to continue through the holiday season and sales continue to decline, some of these smaller businesses could close.

Entrepreneurs who sell through the eBay, Etsy and Amazon platforms already have razor-thin margins. With the higher cost of shipping through courier companies, how can they turn a profit? For rural businesses where Canada Post is typically the only parcel delivery service available, there is no alternative. They are in a very tough spot, one that I would say is precarious.

According to the Canadian Federation of Independent Business, two-thirds of the small and medium-sized enterprises surveyed have said they are being affected by the rotating strikes at Canada Post. This is costing them on average almost $3,000 in additional costs. Is it any wonder that the negative effects of these ongoing strikes are also jeopardizing Canada's reputation as a reliable market for commerce and trade?

E-commerce is a significant source of economic growth in Canada. In 2018, Canadians are doing much more of their shopping online compared with the 2011 strike.

According to Statistics Canada, Internet-based sales from all retailers rose 31% to $15.7 billion in 2017, and up to 40% of these sales took place in the fourth quarter, which the strike is currently impacting. These negative impacts on this business to date will only continue to worsen. We did not want it to come to this, but in light of these consequences, we see no alternative.

While our government is aware of the serious negative impacts these strikes are having across the country for businesses and everyday Canadians, we must take into account as well Canada's vulnerable and remote populations. Older Canadians, persons with disabilities, low-income earners, as well as Canadians living in rural, remote and northern areas, all of these groups rely on physical mail delivery and are disproportionately negatively impacted by extended work stoppages.

Thirty per cent of our population, almost nine million Canadians, live in rural and remote areas, often with unreliable Internet. What does a disruption mean to them? Not only does it mean no parcels, it means no access to bills, statements, government services, personal communications and any other mail they require and depend on. For them, the costs of alternatives to Canada Post are very high and for many, out of reach.

In some remote northern areas, where residents rely on mail and parcel delivery more than anywhere else in Canada, there are simply no alternatives to Canada Post.

Jim Danahy, CEO of CustomerLAB, said:

Canada is the second biggest land mass in the world and while most of our population is in the southern portions of the country, we have people in every corner, in very remote locations.

We have Indigenous population is very small and sometimes isolated communities that you can only reach by water or by air. So, in those cases, the local economies can be hit quite significantly

Beverley Mitchell wrote to the Toronto Star. She said:

While mail disruption is an inconvenience to many of us living in Canada, it is an impossible situation for those in remote fly-in communities in Northern Canada.

Unlike other Canadians who have options of private courier services, those living in these regions must rely on Canada Post for all of their deliveries.

Through a newly formed non-profit organization...I am personally involved in sending much-needed food to shelters and soup kitchens; warm clothing to the homeless, poor and elderly; school supplies and food to daycares...

We need to take action now. It is not just our small businesses that are suffering. Our e-commerce business and in fact many community members who rely on Canada Post are suffering as well.

These vulnerable Canadians are not worrying about their online shopping; they are worrying about covering their basics, like food and clothing. We must act on their behalf.

This is absolutely a last resort, but we know we must act in the best interests of Canadians and Canadian businesses. Having exhausted all other possibilities, we believe this is the best and the only course of action.

I ask my hon. colleagues to join me in supporting Bill C-89.

[The Chair, Conservative, Bruce Stanton]

Mr. Speaker, the committee of the whole has considered Bill C-89 and has directed me to report the same without amendment.

[The Chair, Conservative, Bruce Stanton]

I would like to open the session of the committee of the whole on Bill C-89 by making a short statement regarding the proceedings.

Pursuant to an order made earlier this evening, not more than one hour shall be allotted to the consideration of the committee of the whole stage. Any division requested in the committee shall be deferred until the end of the committee's consideration of the bill. At the expiry of this period, any proceedings before the committee of the whole shall be interrupted and, in turn, every question necessary for the disposal of the stage under consideration shall be put forthwith and successively, without further debate or amendment.

During the consideration of the bill during committee of the whole the general rules of debate are as follows. Members shall speak for not more than 20 minutes at a time and are not permitted to split their time without unanimous consent. While there is no formal period for questions and comments, members may use their time to either speak or ask questions and the responses will be counted in the time allotted to that member.

Finally, members may speak more than once and need not be in their seats to be recognized.

The committee will now proceed with the clause-by-clause study of the bill pursuant to Standing Order 75(1). The study of clause 1 is postponed. I therefore will proceed with debate on Clause 2.