Debates of Nov. 27th, 2023

Canada Labour Code

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I may be mistaken, but I do not think we have talked about Bill C‑58 in the past 15 minutes. Bill C‑58 is an anti-scab bill.

Scabs have not been used back home in Quebec since 1977. I am very pleased to see that there is equity between Quebec workers with a Quebec employer and Quebec workers with a Canadian employer.

The bill is very sound. I would like my colleague to explain why the Conservatives object to it.

[Chris Lewis, Conservative, Essex, ON]

Mr. Speaker, I do not think I said I was against anything in my speech. I did not say I was for, I did not say I was against, so that is an interesting comment.

I realize that Quebec actually has its own legislation. That is great but I have to look outside of just Quebec. I have to look at this whole country.

Conservatives will continue to look at this entire country, to move our commerce forward, to ensure that there are good-paying jobs, that there are diapers on the babies, that there is pablum in their mouths, that people can afford their rent and their mortgages, and, maybe, just maybe, that there is a little bit of money left over to put presents under the Christmas tree this year.

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, I will be splitting my time with the member for Halifax.

I am proud to speak to and defend Bill C-58, which proposes amendments to both the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012. With good reason, the labour movement has consistently criticized the use of replacement workers, deeming it destructive and unfair. Bill C-58 is about restoring that long-overdue fairness and about levelling the playing field.

Relying on replacement workers not only diverts attention from the bargaining table but also prolongs disputes, ultimately poisoning the employer-worker relationship for generations. The crucial question that arises is why Canada should now consider banning the use of replacement workers. Practices' merely being customary does not automatically render them justifiable. Should a worker's right to engage in meaningful labour strikes be compromised by the looming threat of replacement? Is a bargaining table where negotiating power is significantly curtailed truly fair? Can the reliance on replacement workers be deemed appropriate in 21st-century labour relations? The answers to these questions are no, no and no.

My parents fled a right-wing fascist dictatorship to come to Canada to work hard and to contribute to our democracy. In dictatorship Portugal, organized labour and unions were banned because the dictator did not want workers to be treated fairly, to have the right to assemble or to have bargaining rights, and he definitely did not want workers to be able to strike.

I stood on picket lines as an eight-year-old, alongside union members, my parents. My father, a proud member of United Steelworkers at John Inglis and Company, a highly profitable company, contributed to the production of industrial machinery here in Canada. The USW union and the Teamsters were two unions my dad belonged to, and my mother, Maria Fonseca, was a card-carrying member of the Canadian Union of Public Employees, CUPE. I can attest to the pivotal role these unions played in enhancing the life of our family and the lives of thousands of union employees, and benefiting all workers.

Recalling a distressing moment from my childhood, I vividly remember when my father, Joachim, “Jack”, Fonseca, informed my mother that his union brothers and sisters would be commencing a strike the next day, a chilly February day. His fight was centred around securing better wages, improving benefits, gaining advancements for health and safety conditions and safeguarding his pension. The ensuing strike lasted nearly two months, with replacement workers being a significant factor in its prolonged duration. The company opted to deploy non-unionized management personnel on the production line and brought in replacement workers, commonly referred to as “scabs”. Additionally, it exploited vulnerable workers, employees who were struggling, by encouraging them to cross the picket line. This strategic move not only hindered the progress of negotiations but also poisoned relations between employees and employer and led to the deterioration of friendships among co-workers.

Extended disputes of this nature tend to bring out the worst, placing workers in untenable positions where they must choose between asserting their rights and providing for their family. Recognizing the detrimental impact of such situations, various jurisdictions have enacted legislation to prohibit the use of replacement workers. Quebec implemented such legislation in 1977 to curb the violent confrontations arising from strikes and picket lines in the province. Similarly, in 1993, the Government of British Columbia passed comparable legislation in response to the escalating tensions between employers and the labour movement. The outcomes in Quebec and B.C. following the passage of such legislation were notable. The frequency of strikes decreased, providing for more predictability and stability.

We consistently emphasize the importance of focusing on being at the bargaining table. Conversely, on the other side of the aisle, Conservatives always seem to have jumped up and introduced back-to-work legislation, as they say, and to have used replacement workers. It is just wrong. It is crucial to acknowledge that striking represents a last resort for workers, as no one desires to lose benefits and rely on strike pay. Collective bargaining, while challenging, remains the preferred solution.

Our economy relies on employers and unions engaging in meaningful negotiations to secure the best and most resilient agreements. Bill C-58 seeks to maintain focus on the bargaining table, promoting stability and certainty in supply chains and in the overall economy. While each industry and bargaining table may differ, the overarching goal is consistent: keeping parties engaged at the table, fostering a more predictable process and eliminating distractions. The legislation aims to achieve these outcomes for business, employers and unions alike. Emphasizing the importance of this approach is not only a smart strategy but also the right one. Labour has long advocated for such measures, and the positive reactions from labour leaders since the bill's introduction underscore the significance of the bill. As expressed by Gil McGowan from the Alberta Federation of Labour, “[t]his is Canadian politics at its best. This is Parliament working for workers.” Past victories by unions have significantly enhanced the ability of workers to enjoy a decent quality of life. I highlight these points because, now more than ever, legislation supporting workers is crucial.

There are members of Parliament, including the Conservative leader, with a history of attacking labour, attacking unions and undermining the interests of workers. The Conservative leader has been a strong advocate for implementing U.S.-style right-to-work laws in Canada. It is telling that the Conservatives and their leader avoid mentioning the words “union”, “labour” or “scab”. These omissions speak volumes about their anti-labour stance.

Unionized workers are currently leading the way in negotiating substantial wage increases amidst rising inflation. Moreover, it is great that an increasing number of young Canadian workers are expressing interest in the labour movement, initiating union efforts in diverse workplaces such as Uber, Starbucks and grocery stores.

Let us not forget, from during Stephen Harper's administration, the Conservative leader's anti-worker Bill C-377. The Conservatives vigorously opposed card-check legislation, which aimed to facilitate unionization. They opted instead to make things more difficult for workers and to afford employers more time to intervene in union initiatives. The Liberal government, in response, enacted legislation to reverse the anti-union Conservative amendments under Bill C-377 and Bill C-525, bills that undermined unions and the ability of workers to organize. Across Canada, employers invest millions in legal, consulting and security services to thwart union drives, ensuring their lack of success. There have been employers that have helicoptered replacement workers over picket lines into job sites.

The Conservative leader and the Conservative Party advocate importing into Canada U.S.-style right-to-work laws that weaken the labour movement by hindering unions and collective bargaining. Shamefully, the Conservative leader actively promotes right-to-work laws here in Canada. In 2012, the Conservative leader spearheaded a campaign to allow public sector workers to opt out of union dues, directly challenging the Rand formula, a rule backed by the Supreme Court that allows unions to collect dues. The Conservative leader is, unequivocally, an anti-labour-union proponent, aligning himself with extreme right-wing, MAGA politics. Despite the pivotal role played by the labour movement in securing progressive labour laws and improved working conditions, the Conservatives consistently fail to acknowledge these contributions. The Conservative leader's history reflects consistent support for anti-union, right-to-work policies looking to rob individuals of civil and job rights.

In contrast, Bill C-58 legislation under consideration would be unique, arising from tripartite collaboration among employers, workers and the government. It aims to enhance labour relations in Canada, fostering greater stability and certainty for all citizens.

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

Mr. Speaker, I listened to the member's speech, and he talked about the legislation and how necessary it is. Why, in 2016 and in 2019, did he vote against legislation that would have done the same thing that the bill before us would do?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, the hon. member's party has always been anti-labour. The member cannot even say the word “labour”. He cannot even say the words “organized labour”. I have never heard the member say the word “union”. That is because, on that side of the House, Conservatives do not believe in labour, in fairness and in supporting workers. That is what I have seen from that side. We see it day after day. The Conservative Party is against labour, organized labour in particular, and unions here in this country.

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I would like to ask my colleague why the government waited so long to introduce anti-scab legislation. Quebec passed its law in 1977. Canada has had models for years and has watched Quebec evolve in that regard.

First of all, I would like to know why the government waited so long. Second, why call for an 18-month delay before the legislation comes into force? Is it because the government is hoping for a change in government before then?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, the member is quite right that the legislation is long overdue. The way the legislation has come together is the right way. It has been a tripartite type of agreement where business, government, and labour and unions are at the table working together. With respect to the prolonged period, the 18 months, we are working together with those groups. That is what we want to do: ensure that we get it right and that we have all the pieces in place so we have the best labour stability here in Canada. We are learning from what is happening in Quebec, with its legislation, and in British Columbia. We are taking all the best ideas and bringing them into Bill C-58. That is what we have done. We will do it at the table, working with all the parties.

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I heard my friend, in his speech, decry the fact that the Conservatives voted repeatedly for back-to-work legislation, yet, if memory serves, the Liberal Party was right there with the Conservatives when the Port of Montreal was out on strike and when Canada Post was out on strike.

Does the member's speech reflect a change of heart? If so, and I very much hope that is the case, will he apologize to the workers who were affected by such draconian legislation?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, the member would know or ought to know that this is something the Government of British Columbia was asking for.

What is most important here is that we understand that the best agreements are those had at the table, and that the legislation to stop replacement workers is the right legislation. It is the legislation that would level the playing field and bring fairness to workers, unions and labour, which for too long they have not had.

I am proud to stand here in my place in Parliament, advocate for Bill C-58 and make sure we bring in the best legislation possible for the workers of Canada.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, we often talk about labour in terms of unions, but the union movement has had a profoundly positive impact on a wide spectrum of social issues and has improved conditions of non-union members. Can the member provide his thoughts on that issue?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, the member is so right. This is not just about union and labour workers; this is for all workers. They have improved health and safety conditions in the workplace, improved wages in the workplace and improved benefits in the workplace. The Conservatives have voted against all of those measures and all of those things to help workers in Canada. It is unfortunate the Conservatives have been against helping the worker. I know this legislation would help all workers in Canada.

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, it is a great pleasure to rise today to speak in support of Bill C-58, an act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012. With this piece of legislation, our government is taking meaningful action to improve labour relations in Canada and ensure that Canadian workers can benefit from good, middle-class jobs.

As we know, I come to this chamber from the riding of Halifax. Our city is home to many private and public sector unions and their workers, who continue to contribute to our local economy, to enrich our community and to build the Halifax of tomorrow.

One may be a health care worker or a schoolteacher with NSGEU, a child care worker with CUPE, a firefighter with PSAC, a shipbuilder with Unifor, an electrician with IBEW, a trucker with Teamsters Canada, a port worker with the Halifax Longshoremen's Association or a postal carrier with CUPW. These are just a few of the many union jobs done by workers in Halifax.

Since the days of Confederation, unions have gone on to build and shape the economy as we know it today. In fact, the middle class, weekends, and maternity and parental leaves were created by unions.

A union job promises a living wage that supports families and communities; it is permanent and helps build toward a pension. It provides protection and security in the workplace. These are the values that the current government believes in and the kinds of jobs that we believe Canadian workers deserve. With Bill C-58, we are staying true to the promise by banning replacement workers.

Unions have repeatedly told us that hiring replacement workers goes straight against and flies in the face of their free and fair collective bargaining power. It undermines the workers’ legitimate right to strike.

It takes away a lot of power from them at the bargaining table. It literally puts their back against the wall. It also brings frustration and increases tensions, which can sometimes lead to violence on the picket line. That can lead to rifts in a community.

Hiring replacement workers can have an impact on labour relations. Unions have told us that this creates an unequal footing in negotiations. They explain that allowing replacement workers weakens workers’ main tool to exert pressure, which is the right to withhold their labour, to withhold the means of production.

Bill C-58 would set clear rules for both parties. It would set the table for free and fair collective bargaining. It would put the employer and the union on equal footing. All they would have to do is sit down together and find a solution. If they can do that, they will bring stability and certainty. They will stimulate the country’s economy and prosperity.

On top of that, with clear and fair rules in place, we may be able to avoid unnecessary strikes and lockouts. This would create more stability for Canadians and more certainty for investors. That will secure good jobs with good working conditions for the workers.

We are banning the use of replacement workers, or scabs, because we believe in a balanced table, in truly free and fair collective bargaining.

We believe that it is not us against them. It is us, with them. Nobody should be afraid that anyone will try to take something away from them or be better off than they are. It is about helping each other out and finding a solution that will work for everybody.

That is what we are doing with Bill C-58. We are working on getting rid of some of the entrenched resentment that has built up over the years during labour disputes. We are making one of the most significant changes to the federal collective bargaining system that Canada has ever seen, in fact.

Why are we doing that? It is because workers are the backbone of the Canadian economy, and the lifeblood of our communities. They are entitled to safe workplaces and to good working conditions.

We have already done a lot in this direction. We ratified the International Labour Organization’s convention 190 to end harassment and violence in the workplace. Federally regulated private sector workers now have 10 days of paid sick leave. We are modernizing the Employment Equity Act.

Bill C-58 is the next step that will help improve work and working conditions for Canadians. It is about keeping parties focused at the table and providing more stability and certainty for the economy.

When people have good working conditions and are treated fairly by their employers, our society and our economy are more resilient. When the parties focus on the table, the deals get done and they last. The labour movement was founded on the idea that our workplaces and workers’ lives can be better. That is what we should all keep striving for.

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

Mr. Speaker, I listened with interest to the member's speech. He talked about how necessary it is to have anti-replacement worker legislation, so I would like to give him the same opportunity as his colleague from Mississauga, who refused to answer.

If this legislation is so good and so necessary, why did he vote against similar legislation in 2016 and again in 2019?

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, the hon. member may recall that in both cases, those labour disputes were protracted. They began to impact all Canadians in a way that was harming the economy and harming Canadians, their prosperity and their unfettered access to the services and goods they needed. However, I will stress what the member for Mississauga East—Cooksville said to the same hon. member, which is that the legislation we are presenting today is not about picking sides. It is about working together.

This spirit of togetherness is going to keep people at the table. As we all know, the table is where the best work gets done.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Mr. Speaker, I was alarmed to hear that the government was spending billions of dollars on a plant in Ontario that would use over 900 workers from South Korea. These would essentially be replacement workers. This is after telling Canadians time and time again how many jobs this would create.

If the government is so supportive of labour in Canada, why is it essentially farming out jobs that should be going to Canadians and sticking Canadian taxpayers with the bill?

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, it sounds a little bit as though the question is straying from the intention of the bill. I am going to take the opportunity to talk about the bill a little bit more and remind members that we are banning the use of replacement workers. That is going to be very productive at the bargaining table. As we know, the use of replacement workers prolongs disputes. It can poison the workforce for years.

A good collective bargaining system and a worker's ability not only to work but also to strike are absolutely fundamental to our democracy and to the functioning of our economy.

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Mr. Speaker, my colleague is being very insistent. He is saying that this bill must pass, that it is important, that it is crucial and that it will make huge changes. However, why should it pass now, in 2023, when there have been 11 attempts over the past few years? Eleven similar bills have been introduced in the past, mainly by the Bloc Québécois.

What is so special about our current situation for this to be so urgent and for the Liberal government to finally believe in it?

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, I hope my colleague will not mind if I respond in English.

In fact, this commitment was in the Liberal Party's election platform in 2021, which flowed from an affirmation of the Supreme Court in 2015. Therefore, it has long been a part of Liberal DNA to protect workers and to make sure that they have access to the fair bargaining they deserve.

As the member knows, the world has been very complicated for the last couple of years, with the pandemic and the interruption of Parliament. However, I think we are pleased to be coming to this very important legislation today.

[Ken McDonald, Liberal, Avalon, NL]

Mr. Speaker, a quick question for me is this: Does this include all unions not having anti-scab legislation? If it does not, why not?

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, that is a very good question. This legislation, of course, affects what is in the purview of the federal government, which would be federal employees. These changes to collective bargaining relate only to federally regulated industries. I can be more specific for the member: The federally regulated private sector includes the following industries: banking; telecommunications and broadcasting; air, rail and marine transportation; most federal Crown corporations, for example, Canada Post; and first nations band councils.

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

Mr. Speaker, the hon. colleague from Halifax leads right into my question. This legislation is going to apply to small airlines that deliver pharmaceuticals and fly air ambulances, as well as to firefighting, which could be very serious. Lives are going to be put at risk because small airlines are not going to be able to bring in replacement pilots in emergency situations. How is that going to be addressed in this legislation?

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, the legislation is very clear that the elimination of replacement workers would not apply in certain specific cases. These cases include potential danger to life and safety, and that is what the member is referring to; damage to the environment; significant damage to private property; and some other very limited cases, which would be under the watchful eyes of the labour regulation board.

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

Mr. Speaker, it is always a pleasure to rise on behalf of my constituents in Chilliwack—Hope.

I will be splitting my time today with the hon. member for Calgary Rocky Ridge.

It has been an interesting debate this morning. We have heard the Liberals talk about how the legislation is long overdue. They have asked how anyone could not support this type of legislation. The fact is that over the last couple of decades, and even during the eight long years of the Liberal government, every member of that caucus has voted against anti-replacement worker legislation on multiple occasions. The last two Liberal speakers voted against anti-replacement worker legislation a couple of times each, both in 2016 and 2019.

The Minister of Labour, who has been on a cross-country tour meeting with union leaders to extol the virtues of the bill, voted against similar legislation when it was introduced through private members' bills by the Bloc Québécois and the NDP. He has voted against it on numerous occasions. Therefore, everyone will forgive us if we take with a grain of salt the high and mighty words and condemnations of other members of Parliament when the Liberal government has members, including the Minister of Labour, who voted the other way on this type of legislation on multiple occasions.

What has changed? We know what has changed. The government, which is continuing to make life more difficult for Canadians, owes the NDP. The NDP is back-seat driving for the Liberal government and it is quite happy to go along as long as it gets chauffeurs for their ministers and continues to enjoy the benefits of power. Multiple times the Liberal government voted the other way, so it is hard to take them seriously when Liberals talk about the urgency and necessity for legislation that they themselves railed against in the very recent past. Therefore, we will take no lessons from the Liberals on supporting union workers.

We will take no lessons from the government, which hectors the official opposition on its support for Canadian workers. Not only is the government supporting replacement workers, but it is using taxpayer dollars to do it. Let that sink in. We are talking about union and non-union workers getting up before it is light out and going to do their blue-collar jobs, in many cases sending 30%, 40% or 50% of their paycheques to different levels of government, including Ottawa. The government is then giving that money to multinational corporations that are going to use foreign replacement workers to build the plants.

It is bad enough that the government would bypass skilled Canadian labour to build projects such as the Stellantis battery plant, but to take the money those workers send to Ottawa and use it against them is the height of hypocrisy. The Liberals want to lecture others about replacement workers, but they are using foreign replacement workers not only at the Stellantis plant but at the Northvolt project in Quebec.

We now know that hundreds of taxpayer-funded, which means worker-funded, foreign replacement workers will be filling jobs that should be going to Quebeckers despite over $7 billion in taxpayer subsidies going to this project. This is the record of the Liberal government when it comes to replacement workers. It is bringing in foreign replacement workers to do the work that we know Canadians can do. The Liberals have talked about the Stellantis battery plant not having the specialized skills available to set up the plant, that they need 900 to 1,600 foreign workers, depending on who one talks to, from South Korea.

I have news for the government: We have the skilled labour that can set up those plants. We know that if we give them the plans and blueprints, they have the know-how and they will get the job done. However, the government is bringing in foreign replacement workers.

Because the government refuses to release the contracts on these “investments” of workers' money into those projects, the Conservatives have demanded that the industry committee look at this. We are demanding the release of the contracts. How many foreign replacement workers did the government negotiate in these deals?

There is $45 billion in major projects. We know now that two of them include foreign replacement workers, and we assume that the others do as well. We want answers. That is why the member for South Shore—St. Margarets has demanded emergency meetings on this issue. We will not allow the government to let this slide, at $15 billion a crack at these plants and bringing in foreign workers.

This is supposed to be about Canadian jobs and Canadian workers, yet the government continues to provide the money that Canadian workers send to Ottawa for foreign replacement workers. That is absolutely shameful and reprehensible, and the official opposition is demanding answers. We want those contracts released. If the government is still proud of those contracts, it should have no problem releasing them. However, of course, we have to fight tooth and nail every step of the way, and we are up for that fight as well.

The government continues to punish workers, not just union workers but all workers, with its carbon tax and its policies that are driving up interest rates, making it harder for workers to afford a home. It is hard to take the Liberals seriously. They feign how much they care about workers, but everything they are doing is punishing those workers who simply want to provide for their families.

We heard just this morning that a record number of Ontarians are seeking help from the food bank. That is the record of the government when it comes to workers. People are using the food bank for the very first time. Two million people a month are using a food bank. People do not know how they are going to afford to live in their own home when their mortgages come up for renewal. More money is going to service the national debt than is going to health care facilities in the provinces. These workers have to wait eight to 16 hours for their kids to be seen when they have RSV or other seasonal issues. When they are sitting in the emergency room, they can know that it is because of the reckless fiscal policies of the government that punish workers, that more money is going to service the Prime Minister's deficits and debt than is going to our health care system. Therefore, we will take no lessons from the Liberal government on supporting workers.

We will support workers by standing up for the jobs they need and standing up for the projects in which they work. The Liberal-NDP government has been the most anti-worker government in Canadian history, voting against, acting against and advocating against major energy projects, for instance, that give family supporting jobs right across the country. The government opposes those. The Liberals cannot tell me and other members of the Conservative Party that they are pro-worker. They are against the projects that workers need to put food on the table. They tax those workers and send that money to foreign replacement workers. Their policies are making the cost of living for those workers out of reach. Interest rates are going up and up. Inflation is going up and up. The government is not only doing nothing, it is making it worse.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is hard to believe the member has the temerity to say that the Liberals and NDP are anti-workers. It causes me to think about the fact that there is labour component in the Canada-Ukraine trade agreement. Is that the reason the member opposite voted against it? If that is not the reason, could he have the courage to tell us why he voted against the Canada-Ukraine trade agreement?

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

Mr. Speaker, I understand why that member does not want to talk about his voting record on anti-replacement worker legislation, because he too voted against anti-replacement worker legislation in 2016 and again in 2019. However, he is good company, because so did the Minister of Labour. It was not an urgent issue until it was urgent that they get the support of the NDP to maintain their power-sharing agreement in Ottawa.

Now he has seen the light, and the light comes from the NDP, which is demanding this is the new way things are going to go. The NDP-Liberal coalition is alive and well. I understand why that member does not want to talk about this legislation or the fact that he has consistently voted against the interest of workers in our country.