Thank you, Mr. Chairman. I will continue with my presentation.
Regarding the changes that need to be made to the current Canada Labour Code, subsection 94(2.1) bans replacement workers, but only if an employer uses replacement workers with a view to undermining a union's representational capacity. This ban lacks teeth because all the employer has to do is continue to acknowledge the union in question and continue to bargain so as not to appear to be undermining the union's representational capacity in order to have the right to use replacement workers.
In other words, if an employer refuses to negotiate while continuing to use strike breakers the Canada Industrial Relations Board may prohibit their use. However, all an employer has to do is negotiate, or appear to negotiate, with the union in order to skirt this ban and continue to use strike breakers.
Clearly, this measyre is inordinately weak and makes it easy to use strike breakers. To remedy this problem, Bill C-257 will replace subsection 94(2.1) in order to specify which individuals may not be called upon during a strike or lock-out in order to prevent strike breakers being hired. This list is on page 2 of the document I gave you today.
Subsection 100(5), proposed in the bill, stipulates that any person violating the provisions regarding the use of strike breakers would face a maximum fine of a $1,000 for each day or portion of a day the offence lasts.
Proposed subsection 94(2.3) allows for employees be used in order to prevent the destruction of the employer's property.
Subsection 94(2.5) would enable the minister, upon request, to designate an investigator to determine whether requirements are being met.
Finally, section 87.6 of the Canada Labour Code is amended to compel employers to accept an employee returning to work following a labour dispute unless there are valid and sufficient grounds, with the burden of proof on the employer, to not permit an employee to do so.
Mr. Chairman, these are the broad brush strokes of Bill C-257. I will be glad to answer my colleagues' questions.