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

[The Assistant Deputy Speaker, NDP, Carol Hughes]

We have a point of order from the hon. member for Sherwood Park—Fort Saskatchewan.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, there were consultations among the parties about a motion to expedite the vote on Bill C-57 so that the House can pronounce—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

That was ruled on already. This is the third or fourth time.

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Order. It is obvious that those who have been trying to move unanimous consent motions have not followed the proper procedure, which is going from party to party to gather unanimous consent. I would ask members to do that prior to bringing their unanimous consent motion to the House.

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.

[Marilène Gill, Bloc, Manicouagan, QC]

Mr. Speaker, I am pleased to rise today on behalf of the Bloc Québécois to applaud Bill C‑58, the anti-scab legislation. People have been waiting decades for this bill.

I am a Quebecker, and our anti-scab legislation was already in place when I was born. Now, a bill has been introduced. I would not go so far as to say that I was hoping for this back when I was two, but I will say that I have been waiting for it for decades.

The Bloc Québécois has been waiting for it, too. The Bloc Québécois has introduced several bills in the decades since 1990. My colleague from Bécancour—Nicolet—Saurel, who is still in the House, introduced the first bill on this subject. He was actually my MP at the time. Since then, 11 bills have been placed on the Order Paper, evidence that the Bloc Québécois is determined to protect workers and protect the right to negotiate.

I want to thank all the Bloc Québécois MPs and teams before us who strove to advance the issue of justice and workers' rights. I would also like to thank my colleague from Thérèse-De Blainville, who introduced Bill C-276 at the start of this Parliament. Her bill also seeks to ban the use of strikebreakers. My colleague worked tirelessly, just like the others I mentioned earlier. I commend her. She is persevering and willing to collaborate, someone who believes in social justice and who has a lot to teach the members of my caucus and, I hope, the other members of the House and all the people she meets and talks to about labour issues in particular.

There is an expression that I like a lot, and I use it whenever I can, although it is not mine, of course. It is the idea that, whenever we do something great, we were often building on the work of those who came before us. We are often dwarves standing on the shoulders of giants, if I may use a mythological or fairy tale image. We owe a lot to our predecessors. There are also other people who worked to pave the way for what we have achieved at this moment in history.

There are other political parties. I would like to acknowledge the work of the NDP on this matter, as well as the unions. When I say unions, I also mean workers. They are the giants. They are the ones who came to us and showed us the value, the necessity, of passing laws to protect the right to negotiate. I would like to thank all the people who got us here today. I hope that this will move faster through the House than it has in recent decades. It is urgent.

At the start of my speech, I mentioned that Quebec has had a law on the books since 1976. I am sure we can come up with something equivalent for areas under federal jurisdiction. Time is of the essence.

A bill has been introduced. We were waiting for it. In the current context, we are theoretically two years away from an election. We would like the work to move forward, for things to happen quickly. Of course, there is filibustering in the House, but we hope that within the next two years, the bill will be passed, will receive royal assent and will come into force immediately. However, the bill has `an 18-month time frame. Why 18 months? We have been waiting for a bill for 50 years. Why can it not be implemented immediately? That is the first question. I think it is an essential question that we are asking.

We are also concerned about the part of the bill that sets out exceptions. We are still wary of the exceptions. Of course, it is relevant, but we still have to define what a “threat to the life, health or safety of any person” means. At first glance, it looks like it is intended to provide protection. We are not against virtue, but we also do not want this clause to become a kind of catch-all clause that allows employers to circumvent the bill and get out of having to uphold workers' right to freely negotiate.

Those are two elements I wanted to mention. The Bloc Québécois sees them as red flags. We would like to get answers very quickly. I presume that could be done in committee. If we can deal with these two elements that we have concerns about, we think the bill could be passed very quickly. I repeat, we want it to be passed and to receive royal assent, but we also want it to come into force as soon as it receives royal assent so we can protect as many workers as possible by defending their rights.

I spoke about equity and rights, and I would like to touch on that again. Reduced to its simplest expression, the bill simply aims to level the playing field. If one of the parties to the negotiations has all the power, it is difficult for the other party to assert their needs, desires and rights. I think it is almost a truism, it is so obvious. What we want to do is to restore the balance of power so that workers can also participate in the negotiations. This will allow them to reach a compromise solution quickly and effectively at the bargaining table, which would be a win-win. It is good for workers, but also for employers, which, in my opinion, have everything to gain from a law that will allow the parties to sit at the table and settle disputes quickly.

I have managed to address only three of the 10 points I wanted to get to, so I will pick up the pace.

I would remind members that the holidays are approaching and that the Bloc Québécois has always been a workers' party. We have always tried to defend workers. Manicouagan is a riding where there are a lot of workers under federal jurisdiction, in particular in the air and rail transport sectors. There are also a lot of people who work for the post office. There are workers under federal jurisdiction everywhere in Quebec and Canada, but there are a lot in my riding. I think about them, about the people in Quebec City and the dock workers at the Port of Québec, for example, who have been in a labour dispute for more than a year now. This dispute has been going on for a long time and it cannot be settled, precisely because there is an unfair power relationship. The employer has more power than the employees.

I would also like to remind my colleagues in the opposition of the following. I do not want to put words in the mouth of my colleague from Central Okanagan—Similkameen—Nicola, but I think he said earlier that he was worried that workers would cause inflation as a result of their demands in the negotiations for a new collective agreement. I find that kind of talk dangerous. I would like him to discuss the matter with his Conservative colleagues from the Quebec City region, who are likely, if I am not mistaken, to join him in voting against this bill. They would be voting against the people in the ridings adjacent to the Quebec City region, who have already been paying the price for more than a year because MPs do not want to vote for a bill that would level the playing field in labour negotiations.

I will conclude with this. I hope that the Conservatives will get around to telling us their position on the bill soon. That being said, the Bloc Québécois will give the bill its full support, because we care about workers.

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

Madam Speaker, the issue of anti-scab legislation has been important to me and I know to many of my colleagues for many years. It is encouraging to have the legislation before us. It was an election platform issue for the Liberal Party, and inside the chamber we have substantial support for it from the Bloc and the NDP. Even the Conservatives, when they go around the country, often say they are there for the working person. I think we have a wonderful opportunity here to see this debate collapse and send the bill to committee.

I wonder if the member could share her thoughts on my perspective. How nice would it be to see the debate collapse today so the bill will at least have a chance to go to committee sooner as opposed to later? I think that would be a wonderful gift at Christmas for the labour movement in Canada. Would she agree?

[Marilène Gill, Bloc, Manicouagan, QC]

Madam Speaker, I have a few things to say to the member for Winnipeg North about his comment.

First, there is a difference between words and actions. Yes, that was part of the Liberal Party's election platform. However, it is important to consider the number of years that the Liberals were in power over the past 40 years and the number of years that they formed a majority government, when they could have implemented such a bill but did not.

I understand that it can be a long process, but results have to be achieved at some point. That is often what happens with minority governments. It is a bit like being at the bargaining table. When one person does not have all the power, then we can negotiate and make compromises and find solutions for people.

Of course, I agree with my colleague that this would be a nice Christmas gift. I, too, would like to be able to say that the Liberal Party kept its election promises regarding employment insurance reform. I know a lot of people in my riding of Manicouagan are going to be facing the spring gap this year. I am sure that is also true for other people across Canada. For 40 years, since Lloyd Axworthy's time, the government has been promising reforms to help people who have to face the spring gap.

That would be an excellent Christmas gift, and so I am waiting for that reform.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I thank my colleague from Manicouagan for her speech. Of course, I recognize that she and her political party have long supported legislation to prevent replacement workers. We in the NDP are very proud to have forced the Liberals to make that happen. It was an essential condition of the agreement we negotiated with them. Let us not forget that the Liberals have always voted against such bills in the past.

While there are things my colleague and I agree on, such as the benefits of this bill, there are Quebeckers who are currently suffering from the absence of such a bill. I am thinking of the dock workers at the Port of Quebec, as well the Videotron employees in western Quebec, in Gatineau, who are in a labour dispute.

Is my colleague prepared, before the law is enacted, to speak out against employers who use replacement workers, like the Port of Québec or Pierre Karl Péladeau?

[Marilène Gill, Bloc, Manicouagan, QC]

Madam Speaker, allow me to repeat it for my colleague from Rosemont—La Petite‑Patrie: We want it to be fair, we want there to be a balance of power.

In my mind, there are no exceptions. We are talking about a bill. In the end, it is really what we want. I am focusing on the principle: We want a balance of power, fairness. That is what the Bloc Québécois wants, and we will be prepared to support the bill.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, I thank my colleague from Manicouagan for the hard work she does for workers in her riding and the bills she has introduced for them over the years.

I would like her thoughts on Bill C‑58, on its urgency and the good news it offers. In the meantime, there are flaws in this bill, including the 18-month requirement. Is that really necessary? Is there no way for this to come into force immediately?

My colleague told us that her notes list 10 points, but she only got to the third one. I would like to know what her eighth point was.

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

The hon. member has 45 seconds remaining to answer the question.

[Marilène Gill, Bloc, Manicouagan, QC]

Madam Speaker, I have to go through my notes. I always have a plethora of ideas. Of course, I agree with my colleague from Abitibi—Témiscamingue on the timeline. It does not hold water.

We are ready. We have been for 50 years, likely. We are voting for the bill and then we are off to the races. Any questions on that 18‑month delay can be asked when the bill is in committee. This could come into force quickly. I do not think this is complicated. We have seen the government act very quickly when it wants to. I think it is a matter of will and not a matter of whether it is possible.

I cannot say what my eighth point was. We can talk about it later since I am out of time. We are ready to vote.

[Terry Sheehan, Liberal, Parliamentary Secretary to the Minister of Labour and Seniors]

Madam Speaker, it is great to stand here today with a great piece of legislation that is going to help out Canadian workers and help our economy get to the next level. We believe that Canadian workers have the right to fair, honest and balanced negotiations, where replacement workers are not waiting in the wings to take their jobs.

That is why we have introduced this legislation, to ban the use of replacement workers in federally regulated workplaces. I have negotiated on both sides of the table, for the employer and for the union. I know for a fact that the best deals are always at the table. I know for sure that banning replacement workers puts that focus on the table to get the best deals possible.

This is where workers get those powerful paycheques that our Conservatives like to talk about. It is where Canadian workers secure reliable benefits and job security. The bargaining table is where Canadian workers secure changes and investments that make their workplaces much safer.

The threat of replacement workers tips the balance in the employers' favour. It is unfair and contrary to the spirit of true collective bargaining. Ultimately, replacement workers give employers an incentive to avoid the bargaining table. It is a distraction that can prolong disputes and can poison workplaces for years after. We have seen it throughout our history, both locally in my riding and across Canada.

Conservatives like to perpetuate the myth that workers want to strike. They pretend that workers have some devious plan to halt our economy. This could not be further from the truth. Workers drive our economy. Positive labour relations make Canada a great place to invest, which we have seen so much of recently.

Striking is a last resort for workers. Nobody wants to lose their benefits and live off strike pay. It is an anxious, uncertain state for anyone. It can hurt a family's financial and psychological well-being. Our government believes that it is in everybody's best interest to ensure that workers, employers and the government work together to build a strong, stable and fair economy that we all rely on.

Unlike the Conservatives, we will not feel threatened when workers use their bargaining power to demand better wages and better working conditions. As the Minister of Labour has said, bargaining is hard work. It is tense and messy, but it works really well.

I met regularly with my constituents about labour issues, including the Sault Ste Marie and District Labour Council and the United Steelworkers, just to name a few. They are thrilled that we are doing this at a federal level. They want to see the same kind of leadership to benefit provincial workers in Ontario as well.

Just last week, I was at the Standing Committee on International Trade, where Robert Ashton, president of the International Longshore and Warehouse Union Canada, said the following: “If Bill C-58 had actually been in use for the last couple of years, all these lockouts and these strikes, where the employers have been using scabs and have drawn it out, would have been a lot shorter.”

He joined a chorus of union leaders who supported this legislation. This includes the United Steelworkers Union, which reported, “Federal anti-scab legislation will help 80,000 USW members and approximately one million workers across Canada.”

Lana Payne, the national president of Unifor, said, “This legislation is a step toward levelling the playing field. It will be good for the economy and good for labour relations”.

I know the opposition does not listen to workers, but maybe the Conservatives might listen to the 70 labour experts who signed an open letter calling on Canadian policy-makers to support Bill C-58. The letter states, “By adopting Bill C-58, Parliament has a historic opportunity to advance workers' rights and improve labour relations in federally-regulated workplaces by:

“Strengthening the collective bargaining process and levelling the playing field in contract disputes;

“Banning the use of strikebreakers that inflame tensions and poison workplaces [for very long periods of time];

“Reducing instances of picket violence and vandalism;

“Incentivizing employers to focus on reaching negotiated settlements at the bargaining table rather than strategizing over how to best undermine union members exercising their right to strike.

“Bill C-58 offers practical and meaningful measures that would help to address longstanding imbalances in the labour relations regime.”

We have heard from experts, from labour leaders and from Canadian workers. We have also heard from members of the NDP, the Bloc and the Green Party, who have expressed their support for this legislation. However, we have not heard from the Conservatives. In fact, today, the CLC continues to issue statements calling on the Conservatives to tell us what their position is.

It is no surprise that the Conservative leader, who has spent his entire career standing against working people, has not shown his hand. He proclaimed himself dedicated to bringing the right-to-work laws to Canada. These notorious U.S. laws are aimed at undermining unions; ultimately, they are about worse conditions and smaller paycheques. The Leader of the Opposition has enthusiastically served wealthy interests most of his life. Under the previous government, he championed two of the most anti-union, anti-worker bills that the House has ever seen: Bill C-525 and Bill C-377. We repealed them right away. In 2005, he even opposed child care, because the workers would be unionized.

Actions speak louder than words. Recently, the Conservatives have been opposing Bill C-50, the sustainable jobs act, which would bring workers to the table so that workers decide how we meet our economic opportunities. Instead, the Conservatives submitted 20,000 amendments at committee and then tried to submit another couple of hundred frivolous amendments to put the brakes on it. The race is on to seize the greatest opportunity of our time, which is to unlock the potential of renewables, to create thousands of jobs and to drive sustainable economic growth. Right now, companies are deciding where to invest and build. The Liberal government is meeting this momentum, but the Conservatives are throwing temper tantrums.

Now Conservatives, again, have not told us where they stand with respect to Bill C-58. In fact, in 2016, the member for Sherwood Park—Fort Saskatchewan opposed similar legislation, arguing that replacement workers offered opportunities for the unemployed to gain temporary work and valuable experience. Think about being so out of touch with working Canadians that one thinks temporary jobs to replace working Canadians are somehow a solution. More recently, the member for Battlefords—Lloydminster complained that similar legislation would result in a higher share of company profits going to unionized workers. In a time of record corporate profits, it is hard to imagine being upset that working Canadians might get a greater share of the profits that they are responsible for producing.

We know how important this legislation is to Canada's labour unions and the workers they represent. We know that experts support this bill. The bill has the support of the NDP, the Bloc Québécois and the Green Party. I urge my Conservative colleagues to reconsider their efforts to oppose working Canadians and consider, just this once, actually supporting workers.