Madam Speaker, I am happy to join this debate on Bill C-420. I had to check my prepared text. I actually agreed with a number of points my colleague across the way made. I wanted to make sure that we had it right in the text.
I would like to use my time to speak about the current situation and where we are with the three prominent issues that arise from this piece of legislation: the use of replacement workers, the situation for pregnant and nursing employees, and the Charter of the French Language in Quebec. Through my comments I hope I will be able to share with the chamber and with colleagues the concerns the government has with this piece of legislation.
Let us start with replacement workers. The Canada Labour Code balances a union's right to strike with an employer's right to attempt to continue operating despite a work stoppage. The current provisions in part 1 of the code already limit the use of replacement workers. Indeed, federally regulated employers cannot use replacement workers to undermine a union's representational capacity. In fact, federally regulated private sector employers rarely use replacement workers. More often, management, supervisors and other non-bargaining personnel are reassigned to take the place of striking workers.
The current provisions in the code related to replacement workers are the result of a broad and comprehensive review that represents a carefully crafted compromise between the interests of employers and the interests of trade unions that could not be achieved through a private member's bill or through the private member's bill process.
In the past, both labour and employer organizations have been highly critical of changes being made to federal labour relations legislation through the use of private member's bills without prior consultation with all stakeholders.
The Canadian Labour Congress has said in the past:
...we urge the federal government to stop the introduction of one-off changes to the Canada Labour Code. Amendments should not be made through private members' bills. They should be made with concerted pre-legislative consultation that engages employers, unions and government.
Members who were in the House at the time will remember that one of the first actions our government took was to repeal the Conservative private member's bills Bill C-377 and Bill C-525, which upset the balance of rights and responsibilities between federally regulated employers and unions.
Good labour relations are a key element of an economic system, and indeed, of the prosperity of this country. If legislative changes are to be considered for part 1 of the code, let us do it the right way, through real and meaningful consultation and engagement with unions, employers and all stakeholders.
The current provision in the code was achieved through a thorough and meaningful tripartite process. It strikes a balance between the interests of unions and the interests of employers. It allows each side to exercise pressure on the other. If passed, Bill C-420 could upset that balance.
Regarding pregnant and nursing employees, the code currently contains provisions that give a pregnant or nursing employee the right to ask to be reassigned or to have her job modified, without loss of pay or benefits, if there is a risk to her health or the health of the fetus or the child. If a reassignment is not possible, the woman may take a leave of absence for the duration of that risk.
Also, an employee may be entitled to leave with pay to obtain a medical certificate or while waiting for her employer to respond to a reassignment request. Any additional leave is without pay. However, the employee may be entitled to benefits under an insurance plan or a sick leave program provided by the employer or to benefits through the employment insurance program.
As mentioned by my colleague across the way, the fact is that currently only Quebec specifically offers preventative withdrawal job protection with wage replacement for pregnant and nursing women.
If passed, Bill C-420 would put pressure on provinces and territories that do not have preventative withdrawal provisions. Moreover, our government is already supporting another related private member's bill, Bill C-243, an act respecting the development of a national maternity assistance program strategy, which was passed in the House June 14, 2017, and is currently being studied by the other place.
The purpose of Bill C-243 is to consult on the development and implementation of a national maternity assistance program strategy. The objective is to support women who are unable to work due to pregnancy and whose employer is unable to accommodate them by providing reassignment. If Bill C-243 passes, it would require consultations with provincial and territorial governments and other stakeholders. It is reasonable to believe that the results of such consultations would have an impact on the mechanism proposed in Bill C-420.
Finally, I will speak about the Charter of the French Language in Quebec. In 1982, the Constitution Act enshrined English and French as Canada's official languages. It also provided that they have equality of status in all institutions of Parliament and of the Government of Canada.
Two separate statutes regulate the language of work in Quebec: the Charter of the French Language, enacted 1997, and federally, the Official Languages Act, enacted in 1969 and revised in 1988.
While the government is sensitive to the preference of francophone Quebeckers to work in French, there is little documented evidence that francophones face difficulties working in French in federally regulated private enterprises in Quebec. In fact, according to the 2016 census in Quebec, an increasing number of workers whose mother tongue is English or another language use French as their main language at work or equally with English. About 48% of workers whose mother tongue is another language primarily used French at work in 2016. That is compared to 46.5% in 2006. Similarly, about 25% of workers whose mother tongue is English mainly used French at work in 2016, compared to 23% in 2006. That is an increase in both measurements. Moreover, the federal labour program has never received a complaint from a federally regulated private sector employee in Quebec concerning an inability to work in French. Indeed, in 2013, a government report concluded that these employees are generally able to work in French in their workplaces.
One last thing I must point out is that corporations active in Quebec, including those incorporated under the Canada Business Corporations Act, are already required, under provincial law, to comply with the Charter of the French Language, which includes having a French name when registering to carry on business in Quebec.
There we have it: Canada's current position when it comes to replacement workers, pregnant and nursing employees and the Charter of the French Language in Quebec. Now that members can see the full picture, they can understand why the government cannot support Bill C-420.