Port of Montreal Operations Act, 2021

An Act to provide for the resumption and continuation of operations at the Port of Montreal

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Sponsor

Filomena Tassi  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 provides for the resumption and continuation of operations at the Port of Montreal and imposes mediation as the process for resolving matters remaining in dispute between the parties. It empowers the mediator-arbitrator to impose arbitration as the process for resolving matters that cannot be resolved through mediation. Finally, it sets out the elements that are to be included in the new collective agreement between the parties.

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

April 29, 2021 Passed 2nd reading of Bill C-29, An Act to provide for the resumption and continuation of operations at the Port of Montreal

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:20 p.m.
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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Madam Speaker, I thank my colleague for her speech. She knows her portfolio inside and out, she is passionate, and I thank her for that.

I just heard a question from the member for Kingston and the Islands that is fundamental, because he was asking about the role of parliamentarians. I asked the Minister of Labour a question earlier, and she replied that it was a matter of life and death because medication and medical equipment would not be unloaded at the Port of Montreal.

That is not true. Immediately after her response, I called the president of the Syndicat des débardeurs, Michel Murray. He confirmed that the union had told the employer that the longshoremen would have no objection to unloading containers that the employer designated as essential for humanitarian purposes, thus maintaining the supply chain and allowing truckers to pick up those containers.

One of two things happened. Either the Minister of Labour is misinformed, or she is calling the president of the Syndicat des débardeurs a liar. Could my colleague comment on that?

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:25 p.m.
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Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, my colleague is absolutely right to raise this fundamental question.

We do indeed have emails confirming this. As I was saying yesterday, drugs are not floating on the water, and they will not be held up by the strike. The longshoremen have confirmed that they will unload anything medical or pandemic-related. It is not true that this is a matter of life and death, as I heard someone say yesterday.

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:25 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Madam Speaker, we heard several times this evening that clients of the port wanted this strike to end. Apparently, they are sending messages to the government, but I think that these messages should have been sent to port management, to inform them that they have paying clients who want service and the employer should find a solution with its employees.

These messages should not be sent to the government, but to port management. They need to sit down at the bargaining table and find a solution. It seems pretty obvious to me. I find it frustrating that the government thinks that it has a responsibility to find a solution here. It tried to do that for a few years. That did not work, and now it is telling us that the solution is to pass back-to-work legislation—

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:25 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Order. The hon. member for Thérèse-De Blainville.

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:25 p.m.
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Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, I thank the member for speaking in French.

Was there any response when the workers were sounding the alarm? There was not. Everyone came out and said that a labour dispute made no sense. Well, that is how our labour laws work.

The pressure was in no way related to how this negotiation was managed. In fact, eight months ago, there was pressure on the government to get a solution negotiated.

What has the government been doing these past eight months?

That is what is shameful. I completely agree—

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:25 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Order. The hon. parliamentary secretary.

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:25 p.m.
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Mount Royal Québec

Liberal

Anthony Housefather LiberalParliamentary Secretary to the Minister of Labour

Madam Speaker, it is always a pleasure to work with the member for Thérèse-De Blainville, even though we do not agree on this matter.

We do agree that the Canada Labour Code needs to be modernized in many respects, including the matter of whether workers have the right to be paid if they are available for work, as is the case under the Quebec Labour Code.

I understand the member for Thérèse-De Blainville's principles very well. Can she imagine a situation in which the Bloc Québécois would vote in favour of special legislation, or would they oppose such legislation on principle, regardless of the circumstances?

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:25 p.m.
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Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, our positions are not ideological or dogmatic. That would be too easy. The answer would be no. The Bloc Québécois is all about finding solutions. We are not voting no just to be contrary, and we are not voting no for ideological reasons. We are voting no because this is not the right solution. What is happening is quite a harsh solution, because we, as parliamentarians, are denying workers their rights. There are other solutions.

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:25 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I will be sharing my time with my hon. colleague from Hamilton Mountain.

I would like to come back to an earlier exchange. The Minister of Labour was accused of misleading the House on the dockworkers' ability to deliver medical assistance, vaccines, drugs and personal protective equipment if needed. Obviously the dockworkers are able to do that.

Of course there may be several things in any one container, but generally the containers are identified and we know what they contain, in large or small quantities. If we absolutely need something in a container it can be delivered. It is not witchcraft. This is 2021, we are able to send a small helicopter to Mars. I am sure we can find the right container at the Port of Montreal.

I would also say to our Liberal colleagues that the possibility of bargaining on issues related to essential services is not new. Essential services have always been negotiated during labour disputes, at the Port of Montreal or any port, whether in Halifax, Vancouver or the United States. We are not reinventing the wheel here. This is negotiated between the parties. Maybe I should provide a bit of background for the situation we find ourselves in. This round of bargaining over essential services at the Port of Montreal is a bit odd.

I will note that today is April 28, International Day of Mourning for Persons Killed or Injured in the Workplace. There are still hundreds of people every year who are victims of workplace injuries and illnesses. I must admit that it is rather sad that we have to have a debate on this day on a bill forcing people back to work that breaks the back of union members who were exercising a fundamental, constitutional right. I was going to say that it is ironic, but it is worse than that. It is absolutely disgraceful.

The minister and the Liberal government claim that they are not taking sides in this labour dispute, that they like everyone, and that they want the issue to be resolved. They claim that they introduced this back-to-work legislation to respond to other concerns about the supply chain, the economy, and so on. They say that is the reason they introduced this bill and that they are not upsetting the balance of power between the parties.

Normally, when someone tells a story, they start at the beginning, and then there is a development and an ending. This time, I will start at the end, because something happened today that, to me, is extremely telling. The Liberals threw their whole weight behind the Port of Montreal and the interests of the management side. They trampled the fundamental rights of working men and women who were acting in a way that was very respectful of the law.

Today, these workers must be so angry because they have been had by the Liberals. When they were in the opposition, the Liberals would tear their hair out the moment the Conservatives introduced back-to-work legislation. However, today, they are doing the exact same thing.

It is important to point out that pay is not really the issue, nor is the Port of Montreal losing millions of dollars. Its executives are not acting out of desperation because the port is on the verge of bankruptcy. The Port of Montreal is doing well.

As members know, the economy is struggling right now, particularly SMEs and the cultural and tourism industries. However, containers continue to arrive at the Port of Montreal, and business is good.

Workers had one main demand, and it had to do with work schedules. As my colleague from Thérèse-De Blainville said earlier, dock workers have a demanding job that requires an extremely high level of availability, which makes it very difficult to maintain any kind of work-life balance. Dock workers always need to be available and ready to work on call. They need to get to their job site as quickly as possible.

The union is asking the employer to put an end to the punitive measures in relation to the work schedules that were imposed. Obviously, that is the crux of the problem. Management put pressure on workers by being much stricter and imposing certain types of work schedules that went against the dock workers' legitimate requests.

The union asked the employer if, should the special legislation come into effect, it intended to immediately revert to the shift schedules that were in place before the Maritime Employers Association announced changes on April 22, rather than implement the new schedules until a new collective agreement takes effect.

The employer responded that it had taken note of the questions and would reply in due course depending on whether Bill C-29 passed and came into force. That is a typical example of an employer that has no interest whatsoever in negotiating or even answering questions. The employer made it clear that it would respond to the union once the bill was passed. This is not the first time we have seen this kind of thing.

This shows just how badly the government's actions have upset the balance of power between the parties. The mere threat of back-to-work legislation killed the Port of Montreal's interest in finding a solution and finding common ground with the other party. Now it is biding its time, waiting for the Liberals to do the work. Then it can force the workers to accept whatever it wants.

I also deplore the irregular work schedules that are being imposed at every turn. Workers cannot even take a day off to spend time with their families. I am not an expert on the subject, but as far as I can tell, it would be very unlikely for a 250-foot cargo ship to show up at your dock unannounced. From the moment it enters the Gulf of St. Lawrence, we have an idea of when it will arrive, so we can plan schedules accordingly. These container ships are massive. Unfortunately, it is much easier for the employer to maintain all the flexibility it needs to change the schedule as it pleases and shove it down the workers' throats.

The Minister of Labour and the government did not even wait for the general strike to begin before threatening special legislation, which they did the day before. Last Sunday, the Liberal minister said that if there was a strike the next day, there would be special legislation. There had not yet been a single minute of unlimited general strike. There was an overtime strike and a weekend strike. The union was using progressive and partial pressure tactics legally. It wanted to send a message to the employer that if the employer wanted to keep the freighters coming, the containers being unloaded and the supply chain working, they had to sit down at the bargaining table and work out a solution to the work schedules. It does not take a rocket scientist to find solutions. I was going to make a connection with the Prime Minister, but I will refrain.

The constitutional rights of these workers were undermined. Not long after, the employer left the bargaining table and negotiations came to an end. The employer only needs to wait for special legislation. It does not even want to reply to the union's emails and legitimate questions.

What are the Liberals doing in light of the 2015 Supreme Court ruling on the Saskatchewan case? The court recognized that union members had the right to use job action and that our labour relations and collective bargaining system was based on both parties having appropriate opportunities, depending on the circumstances, to put pressure on one another to find a solution together.

The solutions are not always perfect, and neither is our labour relations system. We recognize that improvements to the Canada Labour Code are needed. Nevertheless, in general, the parties make concessions and find a compromise. This is how workers' movements can improve their working and living conditions, fight for social justice and create a fairer, more equitable and more balanced society. This has been true of many disputes and struggles throughout history.

If we take job action away from workers because it could have repercussions elsewhere, the right to strike becomes theoretical. Job action will obviously cause disruptions and have an impact on others. That is how the system works. If workers cannot use job action to force their employer to sit down at the table to negotiate a solution, then these workers are being denied their right to strike. This means that the Liberal government is violating a Supreme Court of Canada ruling.

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:35 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, listening to the last speech, we would think this was a brand new event: something that had just happened within the last few days, and the government suddenly jumped in with this draconian measure. The reality is that this has been going on for two and a half years. There has been so much back and forth. The government has been giving supports all along the way.

What I really wanted to touch on was the issue the member brought up at the beginning of his speech, when he said that CUPE said the workers would let products go through and would allow shipping containers to come up. When someone says that, they are massively oversimplifying the situation. They are assuming too many things when there are many variables going on at the same time.

For example, when something comes off a shipping container, we are relying on an entire train's worth of product being moved out at the same time to get the costs that we would get to ship that stuff across the country. Now all of a sudden we want to take one container and ship it by truck somewhere. It does not happen like that. The member is oversimplifying the situation when describing it like—

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:40 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, some people can complicate things endlessly when they do not wish to find a solution, or when they want to impose special legislation on workers who know perfectly well how to do their job and handle containers so our hospitals can get what they need.

I never said that this had just happened. It is true that the union had said that if schedules were restored, there would not be a full general strike. It is also true that the union was always ready to return to the negotiating table.

A few weeks ago, dockworkers went on strike. When the parliamentary secretary said that this had been going on for two years, that is mostly because the Port of Montreal had asked that 100% of longshore operations be considered an essential service, a process that took many months. That is what took a long time, not the negotiations.

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:40 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, that is the third time today that I have been referred to as a parliamentary secretary. I want the record to be set that I am not a parliamentary secretary.

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:40 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

I think the hon. member was referring to the parliamentary secretary.

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:40 p.m.
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Bloc

Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC

Madam Speaker, in the speech he just gave, my colleague referred to a 2015 ruling on workers' right to strike for the purpose of negotiating their agreements, among other things.

We could add to that the recent attempts by the Maritime Employers Association to stop Port of Montreal workers from striking by turning to the Canada Industrial Relations Board and then the Federal Court of Appeal. Both dismissed the association's case.

We see that the workers' right to strike and to negotiate freely is recognized in law. The Canadian government is violating this right. In the past, this very government hid behind judges in attacks against Bill 101 and, more recently, Bill 21.

What does my colleague think of the government's double standard towards workers?

Port of Montreal Operations Act, 2021Government Orders

April 28th, 2021 / 10:40 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

It is a hallmark of governments, whether they are Liberal or Conservative.

When I arrived in the House almost 10 years ago, we debated special legislation to force Canada Post workers to go back to work. At the time, the Liberals were in opposition and they were outraged. Since coming to power, they have taken similar action many times, as we are seeing this evening with the Port of Montreal dockworkers and as we saw with Canada Post. That is unfortunate.

At some point, we will have to establish rules to ensure that these are not just theoretical rights.