Bill C-58

An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012

This enactment amends the Canada Labour Code to, among other things,
(a) amend the scope of the prohibition relating to replacement workers by removing the requirement of demonstrating a purpose of undermining a trade union’s representational capacity, by adding persons whose services must not be used during legal strikes and lockouts and by providing certain exceptions;
(b) prohibit employers from using, during a legal strike or lockout intended to involve the cessation of work by all employees in a bargaining unit, the services of an employee in that unit, subject to certain exceptions;
(c) make the contravention by employers of either of those prohibitions an offence punishable by a fine of up to $100,000 per day;
(d) authorize the Governor in Council to make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with those prohibitions; and
(e) amend the maintenance of activities process in order to, among other things, encourage employers and trade unions to reach an earlier agreement respecting activities to be maintained in the event of a legal strike or lockout, encourage faster decision making by the Canada Industrial Relations Board when parties are unable to agree and reduce the need for the Minister of Labour to make referrals to the Board.

Canada Labour Code

[Chris Lewis, Conservative, Essex, ON]

Mr. Speaker, I do not think I said I was against anything in my speech. I did not say I was for, I did not say I was against, so that is an interesting comment.

I realize that Quebec actually has its own legislation. That is great but I have to look outside of just Quebec. I have to look at this whole country.

Conservatives will continue to look at this entire country, to move our commerce forward, to ensure that there are good-paying jobs, that there are diapers on the babies, that there is pablum in their mouths, that people can afford their rent and their mortgages, and, maybe, just maybe, that there is a little bit of money left over to put presents under the Christmas tree this year.

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, I will be splitting my time with the member for Halifax.

I am proud to speak to and defend Bill C-58, which proposes amendments to both the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012. With good reason, the labour movement has consistently criticized the use of replacement workers, deeming it destructive and unfair. Bill C-58 is about restoring that long-overdue fairness and about levelling the playing field.

Relying on replacement workers not only diverts attention from the bargaining table but also prolongs disputes, ultimately poisoning the employer-worker relationship for generations. The crucial question that arises is why Canada should now consider banning the use of replacement workers. Practices' merely being customary does not automatically render them justifiable. Should a worker's right to engage in meaningful labour strikes be compromised by the looming threat of replacement? Is a bargaining table where negotiating power is significantly curtailed truly fair? Can the reliance on replacement workers be deemed appropriate in 21st-century labour relations? The answers to these questions are no, no and no.

My parents fled a right-wing fascist dictatorship to come to Canada to work hard and to contribute to our democracy. In dictatorship Portugal, organized labour and unions were banned because the dictator did not want workers to be treated fairly, to have the right to assemble or to have bargaining rights, and he definitely did not want workers to be able to strike.

I stood on picket lines as an eight-year-old, alongside union members, my parents. My father, a proud member of United Steelworkers at John Inglis and Company, a highly profitable company, contributed to the production of industrial machinery here in Canada. The USW union and the Teamsters were two unions my dad belonged to, and my mother, Maria Fonseca, was a card-carrying member of the Canadian Union of Public Employees, CUPE. I can attest to the pivotal role these unions played in enhancing the life of our family and the lives of thousands of union employees, and benefiting all workers.

Recalling a distressing moment from my childhood, I vividly remember when my father, Joachim, “Jack”, Fonseca, informed my mother that his union brothers and sisters would be commencing a strike the next day, a chilly February day. His fight was centred around securing better wages, improving benefits, gaining advancements for health and safety conditions and safeguarding his pension. The ensuing strike lasted nearly two months, with replacement workers being a significant factor in its prolonged duration. The company opted to deploy non-unionized management personnel on the production line and brought in replacement workers, commonly referred to as “scabs”. Additionally, it exploited vulnerable workers, employees who were struggling, by encouraging them to cross the picket line. This strategic move not only hindered the progress of negotiations but also poisoned relations between employees and employer and led to the deterioration of friendships among co-workers.

Extended disputes of this nature tend to bring out the worst, placing workers in untenable positions where they must choose between asserting their rights and providing for their family. Recognizing the detrimental impact of such situations, various jurisdictions have enacted legislation to prohibit the use of replacement workers. Quebec implemented such legislation in 1977 to curb the violent confrontations arising from strikes and picket lines in the province. Similarly, in 1993, the Government of British Columbia passed comparable legislation in response to the escalating tensions between employers and the labour movement. The outcomes in Quebec and B.C. following the passage of such legislation were notable. The frequency of strikes decreased, providing for more predictability and stability.

We consistently emphasize the importance of focusing on being at the bargaining table. Conversely, on the other side of the aisle, Conservatives always seem to have jumped up and introduced back-to-work legislation, as they say, and to have used replacement workers. It is just wrong. It is crucial to acknowledge that striking represents a last resort for workers, as no one desires to lose benefits and rely on strike pay. Collective bargaining, while challenging, remains the preferred solution.

Our economy relies on employers and unions engaging in meaningful negotiations to secure the best and most resilient agreements. Bill C-58 seeks to maintain focus on the bargaining table, promoting stability and certainty in supply chains and in the overall economy. While each industry and bargaining table may differ, the overarching goal is consistent: keeping parties engaged at the table, fostering a more predictable process and eliminating distractions. The legislation aims to achieve these outcomes for business, employers and unions alike. Emphasizing the importance of this approach is not only a smart strategy but also the right one. Labour has long advocated for such measures, and the positive reactions from labour leaders since the bill's introduction underscore the significance of the bill. As expressed by Gil McGowan from the Alberta Federation of Labour, “[t]his is Canadian politics at its best. This is Parliament working for workers.” Past victories by unions have significantly enhanced the ability of workers to enjoy a decent quality of life. I highlight these points because, now more than ever, legislation supporting workers is crucial.

There are members of Parliament, including the Conservative leader, with a history of attacking labour, attacking unions and undermining the interests of workers. The Conservative leader has been a strong advocate for implementing U.S.-style right-to-work laws in Canada. It is telling that the Conservatives and their leader avoid mentioning the words “union”, “labour” or “scab”. These omissions speak volumes about their anti-labour stance.

Unionized workers are currently leading the way in negotiating substantial wage increases amidst rising inflation. Moreover, it is great that an increasing number of young Canadian workers are expressing interest in the labour movement, initiating union efforts in diverse workplaces such as Uber, Starbucks and grocery stores.

Let us not forget, from during Stephen Harper's administration, the Conservative leader's anti-worker Bill C-377. The Conservatives vigorously opposed card-check legislation, which aimed to facilitate unionization. They opted instead to make things more difficult for workers and to afford employers more time to intervene in union initiatives. The Liberal government, in response, enacted legislation to reverse the anti-union Conservative amendments under Bill C-377 and Bill C-525, bills that undermined unions and the ability of workers to organize. Across Canada, employers invest millions in legal, consulting and security services to thwart union drives, ensuring their lack of success. There have been employers that have helicoptered replacement workers over picket lines into job sites.

The Conservative leader and the Conservative Party advocate importing into Canada U.S.-style right-to-work laws that weaken the labour movement by hindering unions and collective bargaining. Shamefully, the Conservative leader actively promotes right-to-work laws here in Canada. In 2012, the Conservative leader spearheaded a campaign to allow public sector workers to opt out of union dues, directly challenging the Rand formula, a rule backed by the Supreme Court that allows unions to collect dues. The Conservative leader is, unequivocally, an anti-labour-union proponent, aligning himself with extreme right-wing, MAGA politics. Despite the pivotal role played by the labour movement in securing progressive labour laws and improved working conditions, the Conservatives consistently fail to acknowledge these contributions. The Conservative leader's history reflects consistent support for anti-union, right-to-work policies looking to rob individuals of civil and job rights.

In contrast, Bill C-58 legislation under consideration would be unique, arising from tripartite collaboration among employers, workers and the government. It aims to enhance labour relations in Canada, fostering greater stability and certainty for all citizens.

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

Mr. Speaker, I listened to the member's speech, and he talked about the legislation and how necessary it is. Why, in 2016 and in 2019, did he vote against legislation that would have done the same thing that the bill before us would do?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, the hon. member's party has always been anti-labour. The member cannot even say the word “labour”. He cannot even say the words “organized labour”. I have never heard the member say the word “union”. That is because, on that side of the House, Conservatives do not believe in labour, in fairness and in supporting workers. That is what I have seen from that side. We see it day after day. The Conservative Party is against labour, organized labour in particular, and unions here in this country.

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I would like to ask my colleague why the government waited so long to introduce anti-scab legislation. Quebec passed its law in 1977. Canada has had models for years and has watched Quebec evolve in that regard.

First of all, I would like to know why the government waited so long. Second, why call for an 18-month delay before the legislation comes into force? Is it because the government is hoping for a change in government before then?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, the member is quite right that the legislation is long overdue. The way the legislation has come together is the right way. It has been a tripartite type of agreement where business, government, and labour and unions are at the table working together. With respect to the prolonged period, the 18 months, we are working together with those groups. That is what we want to do: ensure that we get it right and that we have all the pieces in place so we have the best labour stability here in Canada. We are learning from what is happening in Quebec, with its legislation, and in British Columbia. We are taking all the best ideas and bringing them into Bill C-58. That is what we have done. We will do it at the table, working with all the parties.

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I heard my friend, in his speech, decry the fact that the Conservatives voted repeatedly for back-to-work legislation, yet, if memory serves, the Liberal Party was right there with the Conservatives when the Port of Montreal was out on strike and when Canada Post was out on strike.

Does the member's speech reflect a change of heart? If so, and I very much hope that is the case, will he apologize to the workers who were affected by such draconian legislation?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, the member would know or ought to know that this is something the Government of British Columbia was asking for.

What is most important here is that we understand that the best agreements are those had at the table, and that the legislation to stop replacement workers is the right legislation. It is the legislation that would level the playing field and bring fairness to workers, unions and labour, which for too long they have not had.

I am proud to stand here in my place in Parliament, advocate for Bill C-58 and make sure we bring in the best legislation possible for the workers of Canada.

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

Mr. Speaker, we often talk about labour in terms of unions, but the union movement has had a profoundly positive impact on a wide spectrum of social issues and has improved conditions of non-union members. Can the member provide his thoughts on that issue?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, the member is so right. This is not just about union and labour workers; this is for all workers. They have improved health and safety conditions in the workplace, improved wages in the workplace and improved benefits in the workplace. The Conservatives have voted against all of those measures and all of those things to help workers in Canada. It is unfortunate the Conservatives have been against helping the worker. I know this legislation would help all workers in Canada.

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, it is a great pleasure to rise today to speak in support of Bill C-58, an act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012. With this piece of legislation, our government is taking meaningful action to improve labour relations in Canada and ensure that Canadian workers can benefit from good, middle-class jobs.

As we know, I come to this chamber from the riding of Halifax. Our city is home to many private and public sector unions and their workers, who continue to contribute to our local economy, to enrich our community and to build the Halifax of tomorrow.

One may be a health care worker or a schoolteacher with NSGEU, a child care worker with CUPE, a firefighter with PSAC, a shipbuilder with Unifor, an electrician with IBEW, a trucker with Teamsters Canada, a port worker with the Halifax Longshoremen's Association or a postal carrier with CUPW. These are just a few of the many union jobs done by workers in Halifax.

Since the days of Confederation, unions have gone on to build and shape the economy as we know it today. In fact, the middle class, weekends, and maternity and parental leaves were created by unions.

A union job promises a living wage that supports families and communities; it is permanent and helps build toward a pension. It provides protection and security in the workplace. These are the values that the current government believes in and the kinds of jobs that we believe Canadian workers deserve. With Bill C-58, we are staying true to the promise by banning replacement workers.

Unions have repeatedly told us that hiring replacement workers goes straight against and flies in the face of their free and fair collective bargaining power. It undermines the workers’ legitimate right to strike.

It takes away a lot of power from them at the bargaining table. It literally puts their back against the wall. It also brings frustration and increases tensions, which can sometimes lead to violence on the picket line. That can lead to rifts in a community.

Hiring replacement workers can have an impact on labour relations. Unions have told us that this creates an unequal footing in negotiations. They explain that allowing replacement workers weakens workers’ main tool to exert pressure, which is the right to withhold their labour, to withhold the means of production.

Bill C-58 would set clear rules for both parties. It would set the table for free and fair collective bargaining. It would put the employer and the union on equal footing. All they would have to do is sit down together and find a solution. If they can do that, they will bring stability and certainty. They will stimulate the country’s economy and prosperity.

On top of that, with clear and fair rules in place, we may be able to avoid unnecessary strikes and lockouts. This would create more stability for Canadians and more certainty for investors. That will secure good jobs with good working conditions for the workers.

We are banning the use of replacement workers, or scabs, because we believe in a balanced table, in truly free and fair collective bargaining.

We believe that it is not us against them. It is us, with them. Nobody should be afraid that anyone will try to take something away from them or be better off than they are. It is about helping each other out and finding a solution that will work for everybody.

That is what we are doing with Bill C-58. We are working on getting rid of some of the entrenched resentment that has built up over the years during labour disputes. We are making one of the most significant changes to the federal collective bargaining system that Canada has ever seen, in fact.

Why are we doing that? It is because workers are the backbone of the Canadian economy, and the lifeblood of our communities. They are entitled to safe workplaces and to good working conditions.

We have already done a lot in this direction. We ratified the International Labour Organization’s convention 190 to end harassment and violence in the workplace. Federally regulated private sector workers now have 10 days of paid sick leave. We are modernizing the Employment Equity Act.

Bill C-58 is the next step that will help improve work and working conditions for Canadians. It is about keeping parties focused at the table and providing more stability and certainty for the economy.

When people have good working conditions and are treated fairly by their employers, our society and our economy are more resilient. When the parties focus on the table, the deals get done and they last. The labour movement was founded on the idea that our workplaces and workers’ lives can be better. That is what we should all keep striving for.

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

Mr. Speaker, I listened with interest to the member's speech. He talked about how necessary it is to have anti-replacement worker legislation, so I would like to give him the same opportunity as his colleague from Mississauga, who refused to answer.

If this legislation is so good and so necessary, why did he vote against similar legislation in 2016 and again in 2019?

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, the hon. member may recall that in both cases, those labour disputes were protracted. They began to impact all Canadians in a way that was harming the economy and harming Canadians, their prosperity and their unfettered access to the services and goods they needed. However, I will stress what the member for Mississauga East—Cooksville said to the same hon. member, which is that the legislation we are presenting today is not about picking sides. It is about working together.

This spirit of togetherness is going to keep people at the table. As we all know, the table is where the best work gets done.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Mr. Speaker, I was alarmed to hear that the government was spending billions of dollars on a plant in Ontario that would use over 900 workers from South Korea. These would essentially be replacement workers. This is after telling Canadians time and time again how many jobs this would create.

If the government is so supportive of labour in Canada, why is it essentially farming out jobs that should be going to Canadians and sticking Canadian taxpayers with the bill?

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, it sounds a little bit as though the question is straying from the intention of the bill. I am going to take the opportunity to talk about the bill a little bit more and remind members that we are banning the use of replacement workers. That is going to be very productive at the bargaining table. As we know, the use of replacement workers prolongs disputes. It can poison the workforce for years.

A good collective bargaining system and a worker's ability not only to work but also to strike are absolutely fundamental to our democracy and to the functioning of our economy.