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

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Mr. Speaker, I am proud to speak in Parliament today in favour of Bill C-58, a historic piece of legislation. It is a piece of legislation that is in support of workers, and in support of their fundamental right to organize and to bargain collectively.

Fundamentally, this legislation is about fairness. By banning the use of replacement workers, also known as “scabs”, we are supporting fairness, and the right of workers to exercise their fundamental rights.

Before I go on, I want to make sure I mention I am splitting my time with the member for New Westminster—Burnaby.

Many may wonder why this legislation is necessary. We know that, historically, there are employers who have done what they can to attack workers and to undermine their rights. We know that scabs are often brought in during lengthy strikes, and it is not about providing essential services or other excuses that employers might use. It is about breaking workers. It is about breaking unions. We are all worse off for it.

This legislation matters in my riding. I am proud to be from northern Manitoba. I am proud to be from Thompson, a working-class town, a mining town and a union town. I am proud to have been a union member before I got into politics. I am proud to represent communities like The Pas, Flin Flon, Churchill, Norway House and others where workers have a history of standing up and fighting back.

Manitoba has a long history of labour activism. We all know the general strike of 1919 where there was a violent repression against workers fighting for their rights. There have been many strikes and walkouts in the history of our province here in northern Manitoba. We know that workers have stood up with everything they had to fight for better wages, for safety in their workplaces, and for support for our communities and our region. They have fought for all of us.

Let us be clear about the fact that anti-scab legislation is a victory for working people everywhere. I am proud to be in the NDP, a political party that supports workers. We are part of a movement that was created, of course, in large part by workers and organized labour. We, in the NDP, are unequivocal in our support of workers and workers' rights, rather than the billionaire-class, corporate coalition the Liberals and Conservatives always fight for.

Workers, as represented by organized labour, have made this call for anti-scab legislation for years, and the NDP has been there to support them every step of the way. Eight times in 15 years the NDP has introduced anti-scab legislation. We know that the B.C. NDP government brought in anti-scab legislation years ago. I also acknowledge that Quebec has had anti-scab legislation for a long time. I hope the newly elected NDP government in Manitoba brings anti-scab legislation into force as well.

At the federal level, we must acknowledge that this is a historic moment. This is historic legislation. It feels like this time, the Liberals will finally pause their corporate, anti-worker coalition with the Conservatives for a brief enough time to pass this vital piece of legislation. It is legislation that, even through the negotiations with the Liberals, they had to be pulled kicking and screaming toward the finish line. Finally, we have it in sight.

What workers are used to from the Liberals and Conservatives is lip service and not a whole lot else. I, along with my colleagues, hope that we can strike down the 18-month implementation period that is far too long for Canadian workers.

We know that when not one billionaire tax cheat has been punished for parking their money in offshore tax havens, and when billionaires are given a free ride time and time again, we all see the power imbalance in this country for what it is. We see it when the Liberals let 123 corporations avoid paying $30 billion in taxes, all while patting themselves on the back as the defenders of workers that they pretend to be.

We see it in the anti-worker, back-to-work legislation that both Liberals and Conservatives have consistently brought in and supported when workers collectively fight for their rights, like with postal workers, dock workers, Air Canada workers, PSAC workers and UFCW workers. Neither the Prime Minister nor the leader of the official opposition has seen a strike they are uncomfortable quashing. We now have the power to change that.

At this point, it is pretty clear that workers have seen a lot from the federal government that is anti-worker. They have seen billion-dollar contracts with Amazon, while workers rely on food banks. They have seen how hard it is to afford rent or buy a home when billionaires are making record profits.

It is also very important that we remind Canadians of the record of the Conservative Party and the leader of the official opposition who has reshaped himself into a so-called champion for workers, but when they look at his record, he is somebody who has made clear that he hates workers and the defence of workers' rights with the same zeal as the Prime Minister. In fact, when the leader of the official opposition was in government, he cut billions of dollars from health care that we all rely on, he cut EI benefits and he directly attacked workers. He attacked unions. He voted against raising the minimum wage and, of course, we know he supported back-to-work legislation. Simply told, he may talk a big game, but we have seen this before and workers will not buy it.

Because both the Liberals and the Conservatives will try to fool people and they do it any time they need a political boost, out comes the “aw shucks” defence of working people. If we are lucky, some may show up to a picket line, but if either the Liberals or the Conservatives cared for workers, they would not push for trade deals that actively harm them. and it would not have taken the eighth try in 15 years to actually pass anti-scab legislation. It would have happened by now.

I am proud of the work that our federal NDP has done to push the Liberals to bring this piece of legislation forward. We know that this is legislation that would not just lift workers up but would lift Canadians up as well. It is sorely needed to restore the power imbalance between workers and the billionaire class, where workers have been forced to fight for scraps while the ultrarich in this country make record profits. There is hope. I think of workers at a Starbucks in Chicoutimi who just signed their first union card, or workers in Montreal at Amazon working to unionize their workplace. It is time we fixed this power imbalance and it starts with enshrining worker protections, like anti-scab legislation, so that every worker has a voice.

The reality is that billionaires and their enablers in the Liberal Party and Conservative Party are all too happy to quash the power of workers. However, with this legislation, fought for by the NDP, we have made it a bit harder. Any day we make it easier for workers and harder to be a billionaire is a good day for Canadians.

I am going to make a prediction that the Conservatives are going to talk a good talk, as we are hearing in the House with respect to how tough people have it, but I predict that they are not going to support anti-scab legislation which is fundamentally tied to the ability of workers to fight for fairness. We know that from the track record of their leader and we know that from the track record of many MPs who were part of the previous Harper government, which was a dark time for working people in this country.

I can pretty well guarantee that despite some of the verbal pronouncements of support for workers, we certainly will not hear them singing Solidarity Forever or see them standing up to vote for this legislation that would ban the use of replacement workers. The bottom line is that if they really support workers, if they really support their right to organize and their right to bargain collectively, and if they support the labour movement and believe that it is fundamentally tied to bettering the lives of workers and all Canadians, they will vote for this legislation. I hope all parties will do just that.

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

Mr. Speaker, a lot of us have heard from constituents who are quite concerned about the cost of living increase and how hard it is for folks. She mentioned in her speech the necessity to ensure that workers have an ability to negotiate on an equal footing with their employers to have better wages. One of my concerns is the time that it takes to pass this legislation and that within the legislation the Liberals have put in an 18-month delay before implementation.

I want to ask the member why she thinks this is justified, considering people are struggling now and workers need the supports in Bill C-58 to ensure they have equal rights to that of their employers.

[Yvonne Jones, Liberal, Parliamentary Secretary to the Minister of Northern Affairs and to the Minister of National Defence (Northern Defence)]

Mr. Speaker, I thank my colleagues in the House of Commons for their patience today. When technology works, it is great, and when it does not, we end up with problems like this.

It is very important that I have the opportunity to finish my thoughts on Bill C-58, an act to amend the Canada Labour Code. This legislation is so important for Canadian workers.

When contract negotiations are dragging on and, as we have all seen, have reached a stalemate, workers are ultimately faced with two decisions: they take the offer on the table, whether it is acceptable or not, or they go on strike. I have been on picket lines many times across my own riding, with Vale workers, Department of National Defence workers and steelworkers in Labrador West, Labrador City and Wabush. Many have had to walk the picket lines over and over, while others were called in to do their jobs. It not only affects the financial abilities within their families but affects them psychologically. It has a tremendous impact on all aspects of their lives.

This is something unions have been asking for for a long time. When people are out there on the picket lines supporting these workers, they feel a deep sense of frustration as they watch other people take their jobs. They are only there because they were not able to solidify the rights and rewards they felt entitled to.

Collective bargaining is hard work. We all know that. We all know that it takes time and very innovative ideas. It can be very tense. It can be messy. The minister said that when he was introducing this bill.

We know that workers want to work. They want to work for fair pay and fair benefits. They do not want to walk picket lines. That is always the last resort. We can never forget that.

We also know that labour instability means instability right across our supply chains. It has a ripple effect on the economy. It affects all of us in Canada. Anytime we can avoid this and allow for the collective bargaining process to work so workers can get good, solid agreements between unions and employers, it really benefits all Canadians. Anytime we can have these disputes settled and not prolonged, it is in the best interests of workers, their families and the overall economy in Canada.

I know a number of Conservatives asked whether members had ever been on a picket line. I have been on many, because I have supported unionized workers all my life. I really believe they have worked hard to earn the rights and benefits they have and that they should be able to exercise them without the cost of losing their jobs or having others take their jobs.

One of the largest protester rallies I was ever involved in was when a Conservative government withdrew search and rescue services from Newfoundland and Labrador. Not only were employees laid off but the doors were closed in a province that has thousands of kilometres of seaway and is so dependent on search and rescue and the marine search and rescue centre. The Conservative government under Stephen Harper cancelled that particular program, and the doors at the search and rescue centres were closed and locked, putting workers out in the streets.

I know what it is like. I know how these workers are impacted. I have seen it first-hand. This legislation is there to protect workers, protect their jobs and allow for them to have the full collective bargaining rights they have worked hard to secure in settlements over decades in Canada.

I will be supporting this legislation, and I hope all my colleagues in the House of Commons will support it as well.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, we can see the NDP spinning its partisan talking points.

I am here thoughtfully discussing, and asking questions and seeking answers on Bill C-58. I asked questions throughout my remarks today about how this piece of legislation is going to affect everyday Canadians.

It is unfortunate to see the NDP marrying and partnering with the Liberals and being invited to sit next to them.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, we know that improving labour relations should be the ultimate goal of any government. It is better for workers, employers, the economy and all Canadians. However, the current labour climate suggests that we are moving in another direction. Across the country, we are seeing more labour strife than we have at any other time in recent history.

The strife is undoubtedly being fuelled by the spiralling cost of living crisis in this country, which is a direct result of the NDP-Liberal government's inflationary deficits and taxes. The costly coalition has made life more difficult for hard-working Canadians, and paycheques are not going nearly as far as they once were.

We know the carbon tax is increasing the cost of everything. Food prices have gone up year after year, housing costs have doubled and mortgages have gone up by 150% since the Liberals took office. There are reports indicating that over 50% of Canadians are $200 or less away from going broke, which is simply outrageous. Working Canadians across this country are struggling to put food on their tables and to keep a roof over their heads. That is unacceptable, but it is the devastating reality after eight years of the Liberal government, which continues to be propped up by its NDP friends. They have failed Canadian workers and broken the unspoken promise that if one gets a job and works hard, one will be able to pay one's bills and build a better life.

That is the climate in which the Liberals have tabled this bill. As we consider Bill C-58, it is critical that we do so with a view to finding balance. Governments should never encourage labour disruption or give either side in a dispute an uneven advantage, because there are very serious implications for all Canadians when labour is disrupted. This is particularly true when we consider the industries and the sectors that are federally regulated.

Whether it is our rail system, our ports, our telecommunication networks or air travel, labour disruptions in these critical industries have a serious cost for businesses. Beyond that, they can also have a potentially devastating impact on everyday Canadians. That downstream impact should not be cast aside in this debate, and it cannot be ignored. It raises questions about what happens when medicine cannot get to the end destination on store shelves and, ultimately, is not there when Canadians need it.

What happens if telecommunication services are down? How does a family member check in on loved ones? What impact would this have on payment processing? Would there be Canadians unable to access basic necessities? If fresh food in transportation spoils, what is the cost to consumers? These questions raise just a few examples of what impact a strike could have on Canadians. Ultimately, a strike that impacts our supply chains, such as those in our ports or railways, will always have a ripple effect beyond the employer and worker.

It will also impact small businesses that depend on the efficient flow of our supply chains. The longer a strike lasts, the greater the harm it will cause. For small businesses, it is a situation that is generally well beyond their control. This is certainly true for farmers, who need to get their commodities to market. In my province of Saskatchewan, which is a landlocked province, a disruption in any part of the supply chain network is seriously detrimental.

It is critical that, in considering this legislation, we understand the potential impact on farmers and their operations. Farmers certainly cannot afford to take any more hits. They are already some of the hardest hit by the NDP-Liberal coalition's failed policies. Farmers I have spoken to certainly feel that it is intentional and that the government has no regard for their industry or their contributions to our country. Failed policies such as the Liberal carbon tax are putting the viability of farm businesses in jeopardy. There is also, of course, the Senate; so-called independent senators are now doing the government's bidding by dragging their feet on Bill C-234. Ensuring the viability of farm operations is critical to the industry, as well as to an affordable and dependable food supply.

I recently had a farmer in my office who shared with me that a single day of rail disruption delayed his shipment by a matter of weeks, which, of course, directly impacted the cash flow of his operations. That is because a single day of disruption never equates to a single day of backlog. This brings to mind this past summer's port strike in Vancouver, which created a massive bottleneck in our supply chain infrastructure. The job action in Vancouver lasted weeks, and now all these months later, the port is still working to clear the backlog.

Let me be clear that Canadian workers, without question, have the right to collective bargaining and striking. Striking should be the last resort, and it should not be incentivized. The best outcome for all parties is coming to an agreement at the bargaining table. That is why it is critical that government foster a level playing field for unions and businesses so that ultimately government is helping only to foster better labour relations. Government should not intervene to tip the scales.

Other jurisdictions that have implemented similar bans have seen an increase in job actions, which should be cause for warning. It is not clear what lessons from those jurisdictions are being applied in this legislation, and it is not clear that this legislation strikes the appropriate balance between labour and employers. In fact, the bill contains a lot of ambiguity that requires clarification. This is, of course, a pattern with the Liberal government, which has a tendency to introduce what it has coined as “framework legislation”.

There is another matter of great curiosity. The bill would impose a ban on replacement workers for federally regulated industries, but it would not apply to the public service. This policy decision certainly raises questions. If the Liberals have determined through their consultations and analysis that what they are proposing is positive for labour relations, then it would make sense to apply it to themselves, but they deliberately chose to exclude the federal government and the public service from the scope of this legislation. I think industry deserves clarity from the labour minister on this particular policy decision.

In another example of “do as I say and not as I do”, the Liberal government seems to villainize replacement workers through this legislation while at the same time funding foreign replacement workers. Last week, we learned that the Stellantis battery plant is reportedly hiring 1,600 foreign workers despite receiving $15 billion in subsidies from the NDP-Liberal coalition. This is not in the interests of our Canadian workers, and it certainly is not fair to them or Canadian taxpayers. Canadian taxpayer subsidies should be going to support Canadian workers, not foreign replacement workers.

We do not even fully understand the extent of the government's budgeted contract negotiations, because not only does the story keep changing on that side of the House, from claiming disinformation to claiming one worker and then a handful, but the Liberals are deliberately choosing to keep the contracts hidden. If it is such great news for Canadian workers, why the secrecy? What are they trying to hide?

Well, we know now that the Northvolt plant will be utilizing taxpayer-funded foreign replacement workers, which also calls into question whether Volkswagen will. Canadian taxpayers and tradespeople deserve answers. The Prime Minister must confirm what provisions were negotiated to secure good, long-term jobs for Canadians, because at the end of the day, that is what Canadians workers want. They want to work. They want Canadian businesses and industries to succeed so they have job security. They want businesses to continue to invest and create jobs in Canada that will allow them to keep a roof over their heads and food on their table. They want a guarantee that they can build a life for themselves.

As I said at the outset, improving labour relations should be the government's goal. Having healthy and good labour relations is what is best for workers, employers, the economy and ultimately all Canadians.

[Yvonne Jones, Liberal, Parliamentary Secretary to the Minister of Northern Affairs and to the Minister of National Defence (Northern Defence)]

Mr. Speaker, I am happy to ask my colleague a question. I listened very attentively as she spoke on Bill C-58. We all know that good deals happen at the bargaining table. That is where workers have the opportunity to get the powerful leverage they need to ensure they get fair wages, fair benefits and job security. These are all the things they and their families need and depend upon. The fact that companies can bring in replacement workers while they are on strike has always been a disadvantage for workers.

Is my hon. colleague prepared to support Bill C-58 and support workers in Canada?

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Mr. Speaker, I will be splitting my time with the member for Battlefords—Lloydminster.

It is always a privilege to stand in the House to speak on behalf of the constituents of Kelowna—Lake Country. Today, I rise to speak to the government's legislation, Bill C-58, an act to amend the Canada Labour Code and the Canada Industrial Relations Board regulations. The bill has two main elements. First, it would affect the use of replacement workers only in those workplaces that fall under federal regulation. To be clear, this is not for federal public sector workers. Second, the bill would amend the maintenance of activities process. Again, to be clear, this is not for federal public sector workers. This is only for companies that fall within federal regulation.

If this legislation is so fantastic for workers, as the labour minister and other Liberal members say, it is extremely curious that the Liberals did not implement it into the contracts it negotiated just recently in the federal public sector. The Liberals plan to enforce legislation for the private sector that they themselves will not be held to. The golden rule of doing unto others as one would have them do unto oneself does not exist for the NDP-Liberal government.

One of the most interesting parts of this legislation is that, if it were to pass through the House of Commons and the Senate, and receive royal assent, it would not come into effect until after the next election. Here we have another example of the Liberal government promising sunny ways now and pushing off the effects its policies would have until after an election.

One of the great privileges of serving as the shadow minister for employment and workforce development is the number of meetings and conversations I have with workers, including unionized workers. I have talked with many workers from many different industries across many provinces in the country, in Yukon, and in my community.

Most workers whom I have talked to have top priorities in their concerns with tax increases, inflation and interest rates eating away at their paycheques. These are the top issues they bring up with me. I have had workers talk to me about concerns with stable EI programs, access to training, temporary foreign workers, better access to professional testing, and the ability for people working in the trades to expense items such as tools.

I was recently speaking to a young man who is a construction worker who told me that he has a place to sleep, but it is not a home. Even though he has a good job, he does not feel like he will ever own a home. We know it now takes 25 years to save for a home in Canada. There are so many good jobs that either have left the country or have evaporated, but the NDP-Liberal government does not want to talk about that.

Let us look at the forestry sector. Thousands of good-paying jobs have been lost in my home province of British Columbia alone. These were good-paying jobs supporting families. It is not like there was less of a need for softwood lumber or pulp, but due to the Liberal government's not negotiating a softwood lumber agreement with the U.S., a lack of business confidence and an unfriendly business regime created by the government, the jobs have gone south of the border. The Prime Minister promised a new softwood lumber agreement within 100 days of his first election in 2015. We are now thousands of days past this, three U.S. presidents later and no closer to that agreement.

Mills have shut and thousands of jobs have been lost in B.C. alone. This is another broken promise. Two hundred workers whose livelihoods supported their families in my community of Kelowna—Lake Country lost their jobs when the mill closed. The Liberals were not successful in negotiating a softwood lumber section into CUSMA either. They left it up to negotiating a separate agreement, and this has not happened.

In the energy sector, over $100 billion in investments evaporated with project cancellations under the NDP-Liberal government, and tens of thousands of jobs have either been lost, or there were lost opportunities. Many cited Canada's red-tape regulatory regime as a major barrier. There used to be direct flights to Fort Mac from Kelowna International Airport, with families living in Kelowna or Lake Country. When there were massive layoffs in the energy sector early in the Liberal government's time, the flights stopped.

Around this time, I recall speaking to a family where the husband had a good job working for an oil and gas company, and his company laid off a lot of its workforce. The only work he could find at the time was cutting lawns, and he and his wife had to make the tough family decision for the wife to go back to work, even though, with two young children, she did not want to. Even with them both working, they were making less than his one previous job in the energy sector. She was also no longer able to volunteer at the kids' school, and it created a lot of coordinating challenges with activities in the family. These are the tough decisions parents make every day. If the government were truly concerned about workers, as it says it is, it should focus on making sure there is investment in Canada and removing red tape and bureaucracy. It should stop stifling business and focus on creating well-paying jobs.

The anti-energy Prime Minister and radical activist environment minister have shrunk Canada’s energy workforce while promising a “just transition” that cannot guarantee workers the same pay or benefits. The government’s own document on the just transition refers to affecting 2.7 million workers' jobs within the energy, manufacturing, construction, transportation and agriculture sectors. Let us not forget the anti-energy industry bill, Bill C-69, parts of which have now been deemed unconstitutional.

The Prime Minister said there is no business case for LNG, yet the U.S. has become a major exporter in the world in just a few years. This is another lost opportunity for Canadian workers. If the NDP-Liberal government is so concerned about replacement workers, why did it seemingly negotiate an agreement in Windsor, Ontario, which will include foreign replacement workers? The Liberals originally called this disinformation, but we now know and have confirmation from the very company hiring the workers that at least 900 taxpayer-funded foreign replacement workers from South Korea would be brought in to work on that plant, which would be subsidized by 15 billion taxpayer dollars.

The executive director of Canada’s Building Trades Unions has called the decision to allow foreign replacement workers to replace Canadian jobs at the EV battery manufacturing facility in Windsor “a slap in the face” and an “insult to Canadian taxpayers.” We now know that the Northvolt project in Quebec will bring in taxpayer-funded foreign replacement workers as well.

The government needs to make public copies of all contracts, memorandums of understanding or any other agreement between any minister, department, agency or Crown corporation of the Government of Canada, as well as all companies it has announced tax breaks and subsidies to in relation to battery production. When the Liberals put taxpayers on the hook for billions of dollars, the jobs those subsidies pay for should go to Canadian workers, not foreign replacement workers. Common-sense Conservatives are calling on the Prime Minister to release the documents for all these taxpayer-funded battery plants, so Canadians can see if the Liberal government did anything to secure guarantees for Canadian workers.

Let us talk about another recent broken promise of the Liberal government, with the announcement that it will now be raising EI premiums on every paycheque of workers in Canada in 2024. Just seven months ago, in budget 2023, it said that premiums would not be increased. The government’s inflationary deficits have crushed the purchasing power of workers' paycheques. Inflation increases the costs of basic necessities, and food inflation has been even higher. Despite the finance minister’s victory statement in September, inflation is still high; the Prime Minister's promise of bringing down food costs by Thanksgiving has come and gone. We know there is a record number of two million Canadians using a food bank each month. Rents have doubled, and taxes such as the carbon tax keep increasing. Families of all generations are being squeezed; they are on the edge of not being able to fulfill their financial commitments and pay their bills.

After eight years, inflation and interest rates at generational highs are impacting workers and their families everywhere they turn. Only a Conservative government will focus on making life more affordable and removing red tape and bureaucracy so Canadians can bring home powerful paycheques once again.

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, it is always an honour to rise and speak in this House.

The purpose of Bill C‑58 is to support free and fair collective bargaining. If passed, it will help restore and maintain the balance of power between unions and employers during strikes or lockouts. According to the unions, employers are in a position of strength in labour disputes. We therefore need to ensure that each side can have equal strength when they go to the bargaining table.

Workers have rights. I think that everyone agrees on that. They have the right to organize, to bargain collectively and to go on strike. Striking is the tool they use to put pressure on the employer, but when they go on strike, they have to make sacrifices. They sacrifice their pay, their benefits, their day-to-day security.

I will be splitting my time with the member of Parliament for Labrador, who is a long-time friend and colleague, with whom I sit on the natural resources committee.

With regard to employers, the sacrifices they make during a lockout are not always comparable to those of striking workers. Before introducing Bill C‑58, we did our job. Among other things, we held consultations with all stakeholders, including employers and unions. The unions told us about the shift in the balance of power during a strike or lockout. Restoring balance is a key element for them.

According to what the unions we met with told us, employers always have the upper hand in the negotiations because they have a lot more financial power than the workers. They explained to us that when employers use replacement workers, it creates an even greater imbalance. It weakens the workers' main pressure tactic, which is to deprive the company of its workforce.

Some have even argued that employers could use the replacement workers to avoid making compromises. For unions, this shift in the balance of power makes the bargaining process more difficult and makes strikes and lockouts last even longer

Workers who are not being paid do not feel as though they are on a level playing field with their employer, who has the means to pay workers to keep the business running. Unions feel as though both sides are not equally motivated to negotiate and come to an agreement. Employees do not think it is fair or equitable when an employer replaces a worker who is on strike. That can also impact what is happening at the bargaining table and have a very negative impact on labour relations. What is more, it increases the risk of violence on the picket lines. We have often seen that in the past. Workers get frustrated and tensions rise. It puts everyone's safety at risk, including that of replacement workers.

What the unions are telling us is the truth. These things have happened. Take, for example, the lockout of unionized employees at the Co-op Refinery in Regina in 2019. The company spent millions of dollars building a camp that it filled with scabs from outside the province. It had so much financial power that it was able to bring replacement workers in by helicopter so that they could get across the picket lines.

The company hoped that the unionized workers who were locked out would give up their pensions. The conflict lasted 200 days and was marked by blockades, arrests and even a bomb threat. Is there a better example to illustrate how imbalanced the power relationship between unions and employers can sometimes be and how much damage that can cause?

The point is clear: Resorting to replacement workers diverts attention away from the bargaining table. It prolongs disputes, and it can poison workplaces for years, if not decades.

We are banning the use of replacement workers because we believe in balanced collective bargaining, free and fair collective bargaining. How would Bill C-58 restore that balance?

This bill would encourage unions and employers to resolve their differences as they should—together, on an equal footing at the bargaining table. In other words, it brings the focus back to the bargaining table. That is where this has to happen, because that is where the best deals are made. We are going to do this by ensuring that employers can no longer get others to do the work of striking or locked out workers. I am talking about employees and managers hired after notice to bargain has been served. Contractors, regardless of when they were hired, would also be prohibited from doing the work of striking or locked out employees.

Now, as in all things, there are exceptions. Employers could use replacement workers to prevent threats to life, health or safety; to prevent destruction of or serious damage to the employer's property or premises; or to prevent serious environmental damage affecting the property or premises. Any violation of the rules would be considered an unfair labour practice under the Canada Labour Code.

I will spare the House the details of the complaint process, but it should be noted that it would be handled by the Canada Industrial Relations Board, or CIRB.

Bill C‑58 also provides for improvements to the process for the maintenance of activities. To prevent serious danger to the public, employers and unions should agree at the beginning of the bargaining process on what activities are to be maintained during a strike or lockout. The parties will have to come to an agreement within 15 days of the start of the negotiations, before they can issue 72-hour notices of their intention to strike or impose a lockout. If there is no agreement, it will be up to the CIRB to make a decision within 90 days. If no agreement or decision can be reached, there will be no strike or lockout.

I talked about what the unions told us during our consultations. As I mentioned, however, we consulted all the parties involved. We reached this point today because we worked in a spirit of tripartite collaboration. Together, the government, the unions and employers all sat down at the same table. We had open, honest and direct discussions. We worked freely and fairly, which is exactly what we want for the future of labour relations in Canada.

Bill C‑58 will unquestionably improve labour relations, protect the right of workers to strike, limit collective bargaining interruptions and ensure greater stability for Canadians during disputes in federally regulated industries.

Bill C-58 will lead to free and fair collective bargaining at all times.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, I am very pleased to speak to this bill.

As my colleague from Thérèse-De Blainville said, we feel like saying “finally”. The Bloc Québécois has been working for an extremely long time to have such a bill introduced and studied.

As my colleague mentioned, the first time a Bloc Québécois member introduced an anti-scab bill was in 1990. I was not even born in 1990. That was a long time ago. It was our dean of the House, the member for Bécancour—Nicolet—Saurel who introduced a similar bill. After that, we did the same thing 11 more times. The Bloc Québécois introduced similar bills 11 times. In other words, if the Bloc Québécois had been in power, we certainly would have passed such a bill by now. However, the Bloc Québécois has no aspirations to be in power.

That being said, I am glad to finally see, in 2023, that the other parties in the House—the NDP and the Liberal Party, at least—have made this a priority. I am eager to start working on this bill. I also want to highlight the work done by my colleague from Thérèse-De Blainville, who just spoke. She has been the Bloc Québécois critic for labour for the past four years, and she does an amazing job. She is there for workers and unions. She is a former union leader herself. I think we can all thank her. I will do it on behalf of my colleagues, because she definitely played a part in the tabling of this bill. I think that many workers in Quebec will thank her for her work once this bill is passed.

She also said that, in Quebec, we may have been pioneers. We passed this type of legislation in 1977, and that created two classes of workers in Quebec with respect to scabs, federally regulated workers and all the others. This bill will finally eliminate these two classes of workers, at least that is our hope. As I heard in previous discussions, this bill even takes some steps forward, so we are extremely pleased about that. This bill is being applauded by several unions in Quebec, including Unifor and the United Steelworkers. In fact, I would say that this bill is being applauded by most unions. Everyone is very happy about it.

In that regard, my thoughts are with the Front commun workers in Québec who are on strike for better working conditions. Obviously, that is not exactly the same situation, but I am still thinking of them. I think that these exercises are extremely important. Even though the workers in that case are employed by the Government of Quebec, we can still stand in solidarity with them.

I have heard about this type of bill because of all the bills the Bloc Québécois has introduced over the years. I have also been approached by people who told me how important anti-scab legislation is, including a friend in telecommunications. He wrote to me several times in the past few months to find out if this was in the pipeline. He heard that the federal government wanted to introduce this kind of bill. He wanted to know whether it had been introduced or when it would be. I was always very disappointed that I had no news to give him and that I could not tell him it was coming or that we had started debating it. We had no news, and it took a very long time for the government to introduce the bill. My thoughts are with him and all his colleagues in the telecommunications sector, who will be significantly affected by this bill.

The bill proposes a ban on the use of replacement workers, including subcontracted workers, unless one of the following three situations arises. The first is a “threat to the life, health or safety of any person”. These terms may need to be better defined when the bill is being studied. That is why the Bloc Québécois hopes that the bill will be referred to committee so that we can examine these questions in greater depth and have a little more clarity. The bill also refers to a “threat of destruction of, or serious damage to, the employer's property or premises”. There is also mention of a “threat of serious environmental damage affecting the employer's property or premises”.

The bill also proposes a complete ban on crossing the picket line, including by employees in the same work unit. It also proposes issuing fines of up to $100,000 per day when the employer fails to comply with the law.

Bill C‑58 would also require employers and unions to sign an agreement at the start of negotiations to specify which operations must be continued in the event of a strike or lockout, and they would have 15 days to do it. If they do not come to an agreement, the Canada Industrial Relations Board would decide within 90 days which operations would be continued. The minister would still have the power to refer the issue to the board to protect the health and safety of the Canadian population.

As I mentioned earlier, some of the points will need to be looked at in committee. There is the issue of the 90-day period for the Canada Industrial Relations Board that we, at the Bloc Québécois, have looked into. It seems needlessly long. A 60-day period might be more appropriate. We will have to see with the experts that will appear before the committee. There is also the definition of the exception for threats to the life, health or safety of any person. Exceptions like this one cannot be allowed to become catch-all measures that can be pulled out from a hat to bring everything to a halt. That will have to be looked at in committee. There is also the 18-month timeframe before the bill comes into force. My colleague alluded to that. It is obviously too long. Anyone who has ever gone on strike or been locked out knows how important this bill is. I have a friend who asked me every month if this bill was coming, because it is definitely important for these workers. Is it really necessary to wait 18 months after royal assent? That begs the question. Our leader spoke publicly on that subject.

We need to pass this bill as soon as possible. Obviously, it has to go through the legislative process step by step. There are a few issues we will want to raise in parliamentary committee, but all parties need to agree so we can move forward quickly, before Christmas if possible. Many workers would really appreciate this. According to the government's figures, roughly 1.03 million employees are covered by the Canada Labour Code. This affects a lot of people. We are talking about federally regulated industries and businesses, such as those in the air, rail, road, marine, interprovincial and international transportation sectors, as well as banks, the communications sector and postal services.

Apparently, there was an attempt to amend this part of the Canada Labour Code in 1999. However, the change was hijacked by employers who simply had to claim that they were negotiating in good faith. I think that what we have before us today is a true step forward compared to that feeble attempt in 1999, which clearly did not carry much weight.

I am running out of time, but I just want to quickly talk about the positive effects of anti-scab legislation. These measures are essential for civilized bargaining during a dispute. They promote industrial peace. They are the cornerstone for establishing a level playing field between the employer and labour. They also put an end to the situation where there are two classes of workers in Quebec, those who are regulated by Quebec or in the private sector and those who are federally regulated. We are sure that all of this will go quickly, but we know that the parliamentary process can be long sometimes. We just hope everything will go well.

In closing, I want to note something said by Nina Laflamme, union representative at the Canadian Union of Public Employees, who represents the longshore workers at the Port de Québec. She said that when this bill is adopted, we will be able to bargain on an equal footing.

I think that is a rather strong statement that makes sense because without this legislation and these anti-scab measures, unions and workers cannot effectively bargain on an equal footing. This has been a real problem for many years at the federal level. We applaud the introduction of this bill and we will obviously vote in favour of it.

[Louise Chabot, Bloc, Thérèse-De Blainville, QC]

Mr. Speaker, I will be sharing my time with my dear colleague from Avignon—La Mitis—Matane—Matapédia.

I feel like saying, “at long last”. It was about time we got Bill C-58, a federal anti-scab bill. We have been calling for one for ages. The Bloc Québécois will definitely be supporting the bill in principle.

It might bear repeating that the Bloc Québécois has tabled several bills in the House aimed at ending the use of scabs during labour disputes. The first one was tabled by our colleague, the dean of the House, before the Bloc Québécois even existed. There have been 11 bills total. Although Canada is 46 years behind Quebec, because Quebec has had an anti-scab law on the books since 1977, this bill is a great accomplishment, but there was a lot of catching up to do to address the power imbalance in the employer-union relationship.

We were delighted when the bill was introduced. We welcomed it. We decided that it if was good for the workers of Quebec, the Bloc Québécois would support it. We think it was welcomed in all quarters, by the major unions of both Quebec and Canada. They have been calling for such a bill for years, even during consultations with the government in 2021 and 2022. The government announced that it would introduce a bill by late December 2023. It has done it, but we said at the time that that date was too far away and much too late. Some will say better late than never, but in this case, every passing day is a grave injustice for workers. The fact that the Canada Labour Code still allows the use of replacement workers in the event of a dispute creates a serious power imbalance.

Why is this so important? At the very least, it is a question of rights and freedoms. I just want to remind my colleagues that in the 2015 Saskatchewan ruling, the Supreme Court, the highest court in the land, recognized that the right to strike is not merely derivative of the right to bargain and to organize, it is indispensable in our society. That makes this right as important as the right to bargain. Using replacement workers and allowing them to be used in the event of a strike or a lockout is tantamount to fundamentally denying the right to strike. This problem absolutely had to be fixed.

This bill will also restore the balance of power. Now we will hear employers and big industry rise up against the bill, as we have heard them do before. They will argue that the bill will create an imbalance, that it will be dangerous for supply chains and the economy. The opposite is true. Back in 1977, the strikes in Quebec were tough. There was violence on the picket lines. That is one of the reasons Quebec passed a law to restore balance, as well as to restore a certain degree of industrial peace in labour disputes.

The only leverage available to a union or workers in the event of a dispute with the employer is their final resort: a strike. Employers have a similar right, the right to lockout. If employers are allowed to use replacement workers on top of imposing a lockout, they will be living the high life.

What does an employer stand to gain by settling the dispute as long as other workers cross the picket lines and are able to do the work without anyone getting their nose bent out of shape? What is happening right now in Quebec?

The conflict at the Port of Québec has been going on for almost two years. For more than 18 months, unionized workers with the Canadian Union of Public Employees have been locked out. What is more, the port is using replacement workers—scabs—who are often paid more than the employees, so the dispute continues. No one is getting worried. No one is connecting the dots. In terms of the economy, it is the workers who provide services at our ports, on our waterways and as part of our major infrastructure. They are part of those supply chains people talk about.

When workers do not have good working conditions, which is what they are demanding by going on strike, and when the dispute drags on, workplaces get weaker. Occupational health and safety can also be compromised, because replacement workers do not always have all the skills and attributes it takes to do the job. We have to pay attention to that.

We often see people act like the sky is falling when port workers go on strike. Just look at what happened at the Port of Vancouver. With the strike not even 24 hours old, people were already panicking and demanding special legislation. In many situations, disputes involving workers under federal jurisdiction were ended by either passing special legislation or allowing scab labour. That makes no sense anymore. This situation must be addressed.

We are pleased to see a bill on this matter. What worries us now, and with good reason, is whether the bill will succeed this time. How fast will the government move this bill forward to make sure it is not simply an intention that ends up dying on the Order Paper because it did not have enough time to make it through the process?

We are saying this for a reason. The bill already states that the legislation will not come into force until 18 months after royal assent. That is a year and a half. How can we count on that? There is no justification for that. I think things are clear. The provisions to be amended in the Canada Labour Code are quite clear.

There is no need to wait 18 months. The time frame must be shortened so that the bill comes into force as soon as it receives royal assent, as most other acts do. We can make it happen. We need to be able to respond to workers and give them what they need. It cannot just be wishful thinking.

Mr. Speaker, you are telling me I am out of time. Sign language is very difficult for me to understand.

I will conclude by saying that we absolutely must speed up the process. We need to ensure that this bill does not give full legitimacy to the right to strike and lockout by prohibiting replacement workers while at the same time limiting that same right to strike.

This is essential. The bill requires two major corrections.

The House resumed consideration of the motion that Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, be read the second time and referred to a committee.

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

Mr. Speaker, there are many things the member said that I agreed with this afternoon. When we speak of Bill C-58, we often talk about labour in the form of unions. One of the things I want to emphasize and ask her thoughts on relates to unions and negotiations and how non-union workers have benefited because of union workers. We have seen this through generations. There are many social causes at the forefront today, even going all the way back, and social programs that came out of pressures and advocacy of unions.

I am wondering if the member could provide her thoughts on this being great legislation and that we should be getting it passed. We can look at the possibility of amendments at the committee stage, which would be wonderful. Could she just add her thoughts to the many contributions unions have made to our communities over many decades?

The House resumed consideration of the motion that Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, be read the second time and referred to a committee.

[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.

[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.