moved that Bill C-66, an act to amend the Canada Labour Code (Part I) and the Corporations and Labour Returns Act and to make consequential amendments to other acts, be read the third time and passed.
Mr. Speaker, I am very pleased today to have this opportunity to address the House on Bill C-66, the purpose of which is to amend Part I of the Canada Labour Code.
Today we are undertaking the third reading of this bill, which means we are approaching the end of a significant step in the modernization of the Canada Labour Code. Passage of Bill C-66 will mark the first in-depth revision of Part I of the Code since the 1970s.
It is very important for our government that the code be modernized. This was, in fact, designated as a priority in the most recent throne speech, since the favourable management-labour relations it will create will work in favour of economic growth and job creation.
At the outset I would like to paraphrase the Sims task force report entitled "Seeking a Balance" and say to the House that with this bill we sought a balance and I believe we found it.
While there may be differences of opinion concerning the precise drafting of specific provisions I am of the view that Bill C-66 faithfully reflects the outcome of the review process. All labour code issues covered in the bill were addressed by the task force or discussed during the subsequent consultations that took place.
I must say that one of the most rewarding aspects of this entire amendment process has been watching the result of consultations turned into action.
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Too often, during my time in opposition, I witnessed the government of the time launching a process of public consultation, only to shelve the results afterward. There is nothing more discouraging than having one's opinion asked and then to see it being ignored.
I am pleased that, through the concrete measures contained in Bill C-66, we have been able to compensate those who contributed to our discussions for their trust and hard work.
The latest step in the consultation process took place just before the Christmas holidays, when the Standing Committee on Human Resources Development examined the bill.
I am also very grateful for the contribution made by many members of the labour movement, management representatives, academics, authorities responsible for enforcing labour laws, other experts and private citizens who also looked at our proposals and made sure that the proposed legislation was a realistic response to the current situation.
All of these different groups have played a part in designing the bill. As a result of the divergent opinions that were evident on some issues it is to be expected that people would react differently to various elements of the bill. We have witnessed this reaction to such matters as the provision dealing with off site workers, grain shipments and replacement workers.
Take the example of off site workers. The changes the bill makes will allow unions to contract employees who work outside traditional workplaces. Some have expressed a concern about this development raising issues of privacy and security. I can assure the House that these worries are groundless. Access to such employees will be overseen by the new Canada industrial relations board which will assure that the privacy and the personal safety of the affected people is protected. I see this amendment as one element in our government's attempt to deal with the workplace of the future and I will not allow this new access to be used in inappropriate ways.
Another sensitive area of this bill is our amendments affecting the shipping of grain. In this area we are introducing amendments to require parties in the ports to continue providing services to grain vessels in the event of a work stoppage. In other words, from now on all grain that is brought to the dockside will have to be moved regardless of work stoppages in other port activities.
This amendment is very important to Canada. The shipment of grain is a multi-billion dollar industry. We export to over 70 countries. The livelihoods of over 130,000 farmers and their families depend on our reputation as a reliable supplier and exporter.
The importance of grain exports to the Canadian economy, in particular the economy of the prairie provinces, cannot be over emphasized. In fact, the grain industry has been declared to be for the general advantage of Canada.
Another advantage is that these changes will help improve labour relations in our ports. We all know that when a work stoppage interrupts grain exports, Parliament intervenes without delay to stop and settle disputes in our ports which threaten these exports.
The parties have come to expect Parliament to intervene, which releases them from any responsibility for dealing with their own problems and lets them blame Parliament for any negative repercussions. This goes against our resolve to promote constructive and positive labour relations.
Some members of the House want all labour management disputes in the ports and in the entire grain transportation industry, including the railways, to be resolved by a binding arbitration process known as final offer selection. I do not favour this approach, nor do the vast majority of federally regulated employers, nor do the unions, nor did the Sims task. It pointed out that final offer selection is not effective appropriate dispute resolution mechanism for complex disputes.
The task force advocated a less individualist approach, which is reflected in Bill C-66. It is an approach which illustrates how our government is acting as a catalyst for positive change. We will encourage parties to settle their differences in a less adversarial manner.
The most controversial aspect of Bill C-66 remains the provision on replacement workers. The long-standing differences between labour and management on the subject is one of the items on which
the labour management consensus group of the Sims task force could not agree.
In fact, even the members of the Sims task force failed to produce a unanimous statement on this controversial issue. The provision on replacement workers was drafted so as to include the text of the majority recommendation of the Sims task force. Basically, what we are saying is that there should not be a general ban on the use of these workers. In fact, they can be used to pursue legitimate bargaining objectives.
Employers cannot use replacement workers to undermine the ability of the unions to represent their members. That would be an unfair practice. If the new Canada Industrial Relations Board concludes that is the case, it will have the authority to order the employer to stop using replacement workers.
I believe that the proposed amendments will help us take a balanced approach to a delicate and complex issue. Employers will always have the right to use replacement workers, but there will be two major restrictions on that right. first, employers will not be able to use replacement workers for illegitimate ends; second, they will have to rehire workers who were on strike or locked out, rather than their replacements, once the work stoppage has been resolved.
Some employer groups have contended that the wording of this provision is too broad and absolute and that it allows the unions to contest any use of replacement workers. These groups have cited suggestions by union representatives to the effect that the mere presence of a replacement worker would undermine union representation.
I have to say very clearly that this interpretation is not valid and is not the intent of the bill. I can assure the House that, if it were the intent, the wording of the provision would be more restrictive.
In contrast, the Canadian Labour Congress expressed its worry that the section will be applied very narrowly and come into effect only when the employer's behaviour is particularly egregious. That labour and management have taken opposite positions on this section suggests to me that we have achieved the right balance.
In any event, I am confident that the new board, representative and balanced in nature, will interpret the provision intelligently and appropriately. Indeed, I believe that the Canada industrial relations board may prove to be the most important feature of the modernized labour code.
The task force and the labour management working group both proposed this new body. The Canada industrial relations board would comprise a neutral chairperson and vice-chairpersons, three full time members representing labour and three full time members representing management.
Part time members will also be appointed, in the regions. The addition of union and employer representatives to the board will no doubt make it more sensitive to the needs of those it serves. It will also guarantee the parties that the board's members properly understand the situation.
The parties will also likely find the decisions of a representative board more credible. The bill provides that the board's representative members are to be appointed after the minister has consulted the appropriate union and management organizations.
While on the question of board membership, I wish to emphasize that as a result of the legislation the major criterion for appointment as chair or vice-chair will be competence and not political affiliation.
A new clause has been inserted which states:
The chairperson and vice-chairpersons must have experience and expertise in industrial relations.
The new board will be given additional powers and responsibilities and greater flexibility to deal quickly with routine or urgent matters and to avoid undue delays.
The board's remedial powers will be expanded to ensure good faith bargaining. An amendment will confirm the ability of the board to direct that a party include or withdraw specific terms in a bargaining position in order to rectify a failure to bargain in good faith.
As important as it is to enhance the board's powers, the government has accepted two standing committee suggestions that will ensure they are not abused.
These are intended to place a reasonable check on the board's powers to compel the production of documents at any stage of a proceeding and to amend collective agreements following a restructuring of bargaining units.
Finally, I mention another change contained in the legislation, that is the one regarding the federal mediation and conciliation service or FMCS. As a result of Bill C-66 the critically important role of this body will be recognized in the code.
Its role will be spelled out and the head of the service may be delegated new powers. It is worth noting that in the new code the head of the FMCS will report directly to the Minister of Labour as was suggested in the Sims report.
Careful study of changes to the bargaining cycle will reveal that they all lead to the same goal: streamlining the conciliation process. This is something that both labour and employer groups
have been asking for, for a long time. I am proud our government has delivered.
I would like to say in closing that Bill C-66 represents a great step forward in preparing the Canadian workplace for the advent of the next century.
The increasingly competitive world economy requires our businesses to be as effective and productive as they can be. The improvement in labour relations resulting from the amendment of the code will lead to increased productivity, greater job security and more say for workers in decisions taken at the workplace.
Bill C-66 shows that good labour policy is also good business policy. However, although we are getting to the end of the process with regard to Bill C-66, in the House at least, there is still a lot to do to get the Canada Labour Code ready for the next century.
Within the next few months we will propose changes to bring other parts of the Canada Labour Code up to date. These changes will focus on health and safety issues and on labour standards.
It is my hope that the government will be able to count on the same level of energetic co-operation from members and other stakeholders as we did during the Part I review. I hope that all the members in this House will join me in supporting Bill C-66.
Before concluding, allow me to thank all the members, especially those on the House of Commons Committee on Human Resources Development, who have done a tremendous job in such exceptional circumstances.
I would like to thank two of my colleagues, the critic for the Bloc Quebecois and the critic for the Reform Party, for their co-operation. We want to pursue this issue in this same spirit of co-operation. It is my hope that we will always be able to count on their co-operation, and that this bill will pass in this House and in the other place and will soon become law in the true meaning of the word.