Mr. Speaker, I am pleased to rise today to speak to the second budget implementation act of 2018. Of course, this one, like its predecessor, is quite large and has a lot of different things to talk about. I am going to try to spend more time on one aspect of the bill, as opposed to trying to cover the many other aspects of the bill in 10 minutes. If one takes the latter approach, there really is not enough time to say anything of substance at all, which is part of the problem with having budget implementation acts of this size.
The member who spoke previously offered what I think is a pretty timid defence of these kinds of massive budget implementation acts, namely, that there is lot in the budget and that if we want to get all of these things done, we have to put them all in one omnibus bill. Of course, that was not a justification his party subscribed to when the previous government engaged in this kind of activity. If one is trying to be charitable, it is passing strange that, suddenly, that is an acceptable justification. It is also not a very good one.
It is quite obvious, for anyone who has looked at the budget document, to see that it is hundreds of pages long and signals many different policy intentions of the government, some of them quite vague because they were not necessarily very well developed in time for the budget. For the government to later say it can do this because the item in question was mentioned in passing in the budget, I do not think is quite fair.
The budget includes vacuous phrases about helping the middle class, and then we see clauses in this 800-and-some-page budget implementation act that have nothing to do with anything discussed in the election campaign or even in the budget document. The Liberals say that in their opinion this helps the middle class, so it was foreseen in the budget and makes perfect sense to include it in the budget implementation act. Arguments like that do not pass muster, as far as we are concerned on this side of the House. That is why I felt it was important to begin by acknowledging the problem with this kind of massive bill.
Getting into the details of some of what is in the bill and using pay equity as an example—although I think the arguments I am going to make can be applied to various other types of measures in the budget implementation act—one of the problems is the fact that some acts under the government have been heavily time allocated.
At committee, when we are talking about a massive and important change that needs to happen when it comes to paying women fairly in this county, we want time to be able to make sure that we get the legislation right. Why do we want that? It is not so that opposition politicians can spend a whole bunch of time talking in the House. Just because the government drafted legislation does not mean it is perfect. It does not mean that it would do what was intended even with the best of intentions.
We know from the committee process for this bill that a lot of flags have been raised by people who are strong advocates of pay equity, who have been waiting a long time for this legislation and, I think to their credit, who also have been working collaboratively as best they can with the government in the hope that it would get it right, and who are taking the government at its word that it wants to see pay equity implemented in this country.
It was a long wait. For Canadian women it has been a decades-long wait. However, it has been a long wait even within the life of this parliament, because we are over three years into this parliament are only now getting legislation. There is no good excuse for that. In 2004, the pay equity task force of the day did this work and came up with good model legislation, in fact, legislation that is seen internationally as the gold standard and that has inspired and been the resource used by many other countries to implement pay equity, long ahead of Canada who commissioned the work. That is one of the ironies.
The legislation presented in this massive bill got only a limited amount of time at committee, which meant that tough decisions had to be made about prioritizing what would and would not be discussed, and where the effort to make amendments would go and where it would not.
That means that what was presented in this budget implementation act did not get the attention it needs, particularly when people like the president of the Canadian Labour Congress are saying they have worked on pay equity for a long time and that this bill does not do it. That means that Canadian women are going to have to try to straighten this legislation out in the court system, as opposed to having it done here, where it should be done in good faith, a lot more quickly and cost effectively. Who is going to pay for the legal challenges? If the government decides to defend its own inadequate legislation, then taxpayers will be asked to pay for the bad work of the government that could have been improved.
When amendment after amendment was presented in committee by the NDP, working with the same people who worked with the government in good faith over the last three years trying to get them to present decent legislation, those amendments were voted down. For instance, there is qualifying language in the purpose of the act to establish pay equity, such as “while taking into account the diverse needs of employers”. That is nice to put in the bill. We can understand why it seems like a common sense phrase and it would be fine if we were not talking about a fundamental right of Canadian women to be paid fair value for their work.
We do not need that kind of language, which allows for so-called solutions that do not actually meet the bar of paying women fairly, to be implemented under the auspices of this kind of caveat, until it is challenged in court and found not to be consistent with the right of women in Canada to receive equal pay for work of equal value. That is another years-long court battle that will not be free. We are going to pay for that battle when we could have fixed it here. In the meantime, Canadian women are not going to be paid what they deserve to be paid for the work they do. There is a lot of frustration and a lot of ways in that we could have done better.
Similarly, in this legislation, there is language similar to that in Quebec legislation to the effect that when decisions were made about compensating women in the past for their work and they were not paid properly, it would be done between the first pay equity review and the five-year review, limiting the period of compensation to five years. We can see why some people would want that to be the case. It is not fair to Canadian women. We have known for decades that there is a problem. This should have been addressed a long time go, and if it had, we would not have to make huge retroactive payments, but it was not done then. People ought to have acted sooner. In the case of Quebec, the courts found that that kind of provision was not constitutional and did not respect women's right to be paid properly for the work they do.
We already know that this kind of clause does not pass muster. We do not need to include it. We do not need to incite another long legal battle just to get to where we already should be. Above all, it is frustrating to see this from a government that is led by a feminist Prime Minister who believes in pay equity. The government made Canadian women wait three years for this legislation and we already know that this legislation is not good enough.
We see similar frustrating hypocrisies, frankly, when it comes to the Canada Post strike. One of the major issues is a pay equity issue. The government passed back-to-work legislation in the House on Friday above the objections of the union and certainly above the objections of the NDP. There is some terms of reference language around pay equity, but nothing that actually mandates pay equity that the women working at Canada Post deserve, as the court has said as recently as September.
We keep hearing time and time again from Canadian women, Canadian workers and Canadian courts that this needs to be dealt with now. It is a question of justice for Canadian women, who, for too long, have been asked to do work of equal value without getting equal pay. We have a government that says this is what it wants to do and that it wants to honour it, and yet when the time comes to actually getting it done, we are left wanting, knowing that we will have to go back to the same courts that have already said Canadian women deserve fair pay. That is just one example of what is wrong with this bill.