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

[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.

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

Mr. Speaker, my colleague is being very insistent. He is saying that this bill must pass, that it is important, that it is crucial and that it will make huge changes. However, why should it pass now, in 2023, when there have been 11 attempts over the past few years? Eleven similar bills have been introduced in the past, mainly by the Bloc Québécois.

What is so special about our current situation for this to be so urgent and for the Liberal government to finally believe in it?

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, I hope my colleague will not mind if I respond in English.

In fact, this commitment was in the Liberal Party's election platform in 2021, which flowed from an affirmation of the Supreme Court in 2015. Therefore, it has long been a part of Liberal DNA to protect workers and to make sure that they have access to the fair bargaining they deserve.

As the member knows, the world has been very complicated for the last couple of years, with the pandemic and the interruption of Parliament. However, I think we are pleased to be coming to this very important legislation today.

[Ken McDonald, Liberal, Avalon, NL]

Mr. Speaker, a quick question for me is this: Does this include all unions not having anti-scab legislation? If it does not, why not?

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, that is a very good question. This legislation, of course, affects what is in the purview of the federal government, which would be federal employees. These changes to collective bargaining relate only to federally regulated industries. I can be more specific for the member: The federally regulated private sector includes the following industries: banking; telecommunications and broadcasting; air, rail and marine transportation; most federal Crown corporations, for example, Canada Post; and first nations band councils.

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

Mr. Speaker, the hon. colleague from Halifax leads right into my question. This legislation is going to apply to small airlines that deliver pharmaceuticals and fly air ambulances, as well as to firefighting, which could be very serious. Lives are going to be put at risk because small airlines are not going to be able to bring in replacement pilots in emergency situations. How is that going to be addressed in this legislation?

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, the legislation is very clear that the elimination of replacement workers would not apply in certain specific cases. These cases include potential danger to life and safety, and that is what the member is referring to; damage to the environment; significant damage to private property; and some other very limited cases, which would be under the watchful eyes of the labour regulation board.

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

Mr. Speaker, it is always a pleasure to rise on behalf of my constituents in Chilliwack—Hope.

I will be splitting my time today with the hon. member for Calgary Rocky Ridge.

It has been an interesting debate this morning. We have heard the Liberals talk about how the legislation is long overdue. They have asked how anyone could not support this type of legislation. The fact is that over the last couple of decades, and even during the eight long years of the Liberal government, every member of that caucus has voted against anti-replacement worker legislation on multiple occasions. The last two Liberal speakers voted against anti-replacement worker legislation a couple of times each, both in 2016 and 2019.

The Minister of Labour, who has been on a cross-country tour meeting with union leaders to extol the virtues of the bill, voted against similar legislation when it was introduced through private members' bills by the Bloc Québécois and the NDP. He has voted against it on numerous occasions. Therefore, everyone will forgive us if we take with a grain of salt the high and mighty words and condemnations of other members of Parliament when the Liberal government has members, including the Minister of Labour, who voted the other way on this type of legislation on multiple occasions.

What has changed? We know what has changed. The government, which is continuing to make life more difficult for Canadians, owes the NDP. The NDP is back-seat driving for the Liberal government and it is quite happy to go along as long as it gets chauffeurs for their ministers and continues to enjoy the benefits of power. Multiple times the Liberal government voted the other way, so it is hard to take them seriously when Liberals talk about the urgency and necessity for legislation that they themselves railed against in the very recent past. Therefore, we will take no lessons from the Liberals on supporting union workers.

We will take no lessons from the government, which hectors the official opposition on its support for Canadian workers. Not only is the government supporting replacement workers, but it is using taxpayer dollars to do it. Let that sink in. We are talking about union and non-union workers getting up before it is light out and going to do their blue-collar jobs, in many cases sending 30%, 40% or 50% of their paycheques to different levels of government, including Ottawa. The government is then giving that money to multinational corporations that are going to use foreign replacement workers to build the plants.

It is bad enough that the government would bypass skilled Canadian labour to build projects such as the Stellantis battery plant, but to take the money those workers send to Ottawa and use it against them is the height of hypocrisy. The Liberals want to lecture others about replacement workers, but they are using foreign replacement workers not only at the Stellantis plant but at the Northvolt project in Quebec.

We now know that hundreds of taxpayer-funded, which means worker-funded, foreign replacement workers will be filling jobs that should be going to Quebeckers despite over $7 billion in taxpayer subsidies going to this project. This is the record of the Liberal government when it comes to replacement workers. It is bringing in foreign replacement workers to do the work that we know Canadians can do. The Liberals have talked about the Stellantis battery plant not having the specialized skills available to set up the plant, that they need 900 to 1,600 foreign workers, depending on who one talks to, from South Korea.

I have news for the government: We have the skilled labour that can set up those plants. We know that if we give them the plans and blueprints, they have the know-how and they will get the job done. However, the government is bringing in foreign replacement workers.

Because the government refuses to release the contracts on these “investments” of workers' money into those projects, the Conservatives have demanded that the industry committee look at this. We are demanding the release of the contracts. How many foreign replacement workers did the government negotiate in these deals?

There is $45 billion in major projects. We know now that two of them include foreign replacement workers, and we assume that the others do as well. We want answers. That is why the member for South Shore—St. Margarets has demanded emergency meetings on this issue. We will not allow the government to let this slide, at $15 billion a crack at these plants and bringing in foreign workers.

This is supposed to be about Canadian jobs and Canadian workers, yet the government continues to provide the money that Canadian workers send to Ottawa for foreign replacement workers. That is absolutely shameful and reprehensible, and the official opposition is demanding answers. We want those contracts released. If the government is still proud of those contracts, it should have no problem releasing them. However, of course, we have to fight tooth and nail every step of the way, and we are up for that fight as well.

The government continues to punish workers, not just union workers but all workers, with its carbon tax and its policies that are driving up interest rates, making it harder for workers to afford a home. It is hard to take the Liberals seriously. They feign how much they care about workers, but everything they are doing is punishing those workers who simply want to provide for their families.

We heard just this morning that a record number of Ontarians are seeking help from the food bank. That is the record of the government when it comes to workers. People are using the food bank for the very first time. Two million people a month are using a food bank. People do not know how they are going to afford to live in their own home when their mortgages come up for renewal. More money is going to service the national debt than is going to health care facilities in the provinces. These workers have to wait eight to 16 hours for their kids to be seen when they have RSV or other seasonal issues. When they are sitting in the emergency room, they can know that it is because of the reckless fiscal policies of the government that punish workers, that more money is going to service the Prime Minister's deficits and debt than is going to our health care system. Therefore, we will take no lessons from the Liberal government on supporting workers.

We will support workers by standing up for the jobs they need and standing up for the projects in which they work. The Liberal-NDP government has been the most anti-worker government in Canadian history, voting against, acting against and advocating against major energy projects, for instance, that give family supporting jobs right across the country. The government opposes those. The Liberals cannot tell me and other members of the Conservative Party that they are pro-worker. They are against the projects that workers need to put food on the table. They tax those workers and send that money to foreign replacement workers. Their policies are making the cost of living for those workers out of reach. Interest rates are going up and up. Inflation is going up and up. The government is not only doing nothing, it is making it worse.

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

Mr. Speaker, it is hard to believe the member has the temerity to say that the Liberals and NDP are anti-workers. It causes me to think about the fact that there is labour component in the Canada-Ukraine trade agreement. Is that the reason the member opposite voted against it? If that is not the reason, could he have the courage to tell us why he voted against the Canada-Ukraine trade agreement?

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

Mr. Speaker, I understand why that member does not want to talk about his voting record on anti-replacement worker legislation, because he too voted against anti-replacement worker legislation in 2016 and again in 2019. However, he is good company, because so did the Minister of Labour. It was not an urgent issue until it was urgent that they get the support of the NDP to maintain their power-sharing agreement in Ottawa.

Now he has seen the light, and the light comes from the NDP, which is demanding this is the new way things are going to go. The NDP-Liberal coalition is alive and well. I understand why that member does not want to talk about this legislation or the fact that he has consistently voted against the interest of workers in our country.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, I always enjoy these sessions in the House, where the Conservatives and the Liberals compete over who is the worst at things. Whether it is the worst at supporting Ukraine, or the worst at supporting housing or the worst friends of workers, it is nice to hear that debate between the two of them.

I have a very serious question. The Conservatives like to talk about powerful paycheques, and we know what made powerful paycheque, the trade union movement. It was the trade union movement that raised wages. It was the trade union movement that set the standards for leave, including parental leave and sick leave, and even weekends. It was the trade union movement that set standards for occupational health and safety.

Does that mean, if the Conservatives really are the friends of workers and better friends than the Liberals, that they are going to be supporting this legislation in order to make paycheques more powerful?

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

Mr. Speaker, I thank the member for recognizing it is the Conservatives who are fighting for more powerful paycheques, and that would start by getting rid of things like the NDP-Liberal carbon tax, which drives up the cost of everything, including groceries, gas and home heating. We certainly want to have more money go to workers. As well, when the workers' money is taxed, we do not expect that money to go to foreign replacement workers, which is what we have seen under the Liberal government with the Stellantis battery plant and the Northvolt project in Quebec.

The Conservatives support workers, whether they are in trade unions or not, and workers support the Conservative Party, as we have seen from the bring it home events that the Leader of the Opposition has held right across the country. The polling certainly shows workers are on the side of the Conservative Party, just like we are on the side of workers.

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Mr. Speaker, the member for Chilliwack—Hope has made an important point about the job-destroying track record of the government when it comes to energy policy. These are unionized workers, non-unionized workers and indigenous workers. These are every kind of worker in some of the highest-paying, best jobs in the Canadian economy.

Could he comment on the government's track record on jobs in this industry?

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

Mr. Speaker, it is abysmal. The Liberals have not only driven out hundreds of billions of dollars in investment in our country, but they have driven away the jobs that go with that.

Whether it is in forestry, mining or oil and gas, the Liberal-NDP government consistently opposes those projects that put people to work, that give them economic opportunity and the opportunity to provide for their communities and families. Instead, it advocates against those projects and gets them shut down. Then when the workers send their hard-earned money to Ottawa, the government turns around and gives it to multinational corporations to hire foreign temporary replacement workers. We will never support that kind of a plan.