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, Carol Hughes]

We are at the end of the session. I know it has been a long session and I know that everyone wants to go home and be cheerful. Let us finish this on a really good note.

The hon. parliamentary secretary.

[Irek Kusmierczyk, Liberal, Windsor—Tecumseh, ON]

Madam Speaker, investment in the battery plant in Windsor is just the start. There are international companies right on our doorstep right now looking to invest $3 billion and to create thousands of more jobs. They want to supply the battery plant here.

This is why we are partnering with local unions to do everything we can to fight the Conservative campaign of disinformation. That campaign has one goal and one goal only, which is to erode public support for these investments and ultimately to pull the plug on the battery plant and pull the plug on the electric vehicle industry. The Conservatives do not believe in climate change. They do not believe in the transition to electric vehicles. They see electric vehicles as an existential threat. What is more, they call this federal Liberal investment “corporate welfare”.

Dave Cassidy, the president of Unifor Local 444, was on Parliament Hill two weeks ago. He represents thousands of auto workers, and he will represent the 2,500 workers who will be building the batteries at our EV battery plant, these Canadian, local, unionized workers. He said on Parliament Hill that if it were up to the Conservatives, the battery plant would never have been built in the first place. Thank God it was not up to them.

Liberals believe in climate change. We believe in the transition to electric vehicles. We believe in investing in workers and battery plants like ours. We believe in investing in manufacturing communities like mine. Most importantly, we believe in a true partnership with labour, with workers and with industry to attract game-changing investments that are creating a future for manufacturing communities like ours in Windsor—Tecumseh. However, it all begins by listening to workers, by making sure that workers are not just at the bargaining table but at every table to provide input on the policies that impact them.

Our Liberal government listens to workers. It is why the first thing we did when we were elected was to scrap two Harper Conservative pieces of legislation whose sole purpose was to weaken unions: Bill C-377 and Bill C-575.

We listened to workers when we introduced $10-a-day child care and 10 days of paid sick leave, and when we invested $1 billion in apprentices to train the next generation of skilled workers. We doubled the union training and innovation program, and we committed to the first-ever labour provisions for clean-tech tax credits, which will make federal investments conditional on companies paying a prevailing union wage, and to making sure that at least 10% of the work goes to apprentices.

We listened to unions when we introduced the labour mobility tax credit for up to $4,000 in travel expenses for workers having to travel to a job site away from home. It is why last week we established the union-led advisory table to inform government decisions on all issues impacting workers. It is also why we introduced Bill C-58, something that workers in Canada and in my hometown of Windsor—Tecumseh have been asking for, have been fighting for, for generations.

This is the right thing to do. Strong workers and strong unions are powering our prosperity. A strong government that is a strong partner stands with our unions, with our workers and with labour every step of the way.

[The Assistant Deputy Speaker, 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, Carol Hughes]

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

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, 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), Alexandra Mendes]

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