Bill C-525 (Historical)

Employees' Voting Rights Act

An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent)

This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to provide that the certification and decertification of a bargaining agent under these Acts must be achieved by a secret ballot vote-based majority.

Public Service Labour Relations Act

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I was very disappointed to hear that the member for Cariboo—Prince George has already made up his mind that he will not support Bill C-7, when it has not even been at committee to be reviewed.

That is very surprising, considering his very eloquent remarks on the rich tapestry and history of the RCMP and his deep regard for the force. Our government is respecting the Supreme Court ruling that respects the right to be represented in bargaining by members and reservists of the RCMP. That is exactly what this bill is all about.

The member's concerns are actually about another bill, Bill C-4, which rolls back changes that were made without any consultation in Bill C-525, which force a one-size-fits-all bargaining system on the Public Service Labour Relations Board.

Why would the member want to have that when he wants a vote free of reprisal? That is exactly the purpose of the board. They have the tools to ensure that. They have options for how to implement a vote. They have laws that support freedom from any intimidation. They have penalties and orders they can impose. They review a vote, whether it is done by card check or mandatory vote or secret ballot.

Why would the member want a one-size-fits-all approach, prejudge this very important legislation, and be prepared to vote against legislation that is all about respecting the members of the RCMP?

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, how often do members think those residents would be telling the person at the front door the truth? How would we feel here about it? When there is a card check system vote and they are asking people in a union shop, for example, to raise their hand while everyone else is standing there looking at them, how is that fair and democratic? Compare that to the opportunity for a secret ballot where, with their own conscience, we would know people are making a decision they feel is right for them, with no coercion, no intimidation, and no one influencing their decision.

On that fact, after an election most of us in this House go and speak to our residents. We have all had the discussion at the coffee table or the dinner table about who they are going to vote for the next day. No one wants to tell. They are very reluctant to tell. That is something very private, something we need to hold to ourselves; and we should respect that decision and the foundation and importance of that secret ballot.

I have heard that story over and over again from people in residences. Canadians expect privacy when they are casting their ballots, and that is something we should embrace.

Voting is a very personal action. People cherish the privacy of marking their ballot in secret without intimidation, influence, or coercion. Why would we not make the same basic right for the men and women who put their lives on the line every single day when they put on their uniform to go to work? What could possibly be easier and more straightforward than a secret ballot? There is absolutely nothing more simple: one person, one vote. That is how it should be. Open, transparent results ensure confidence that a true decision was made whether certifying or decertifying a union.

The Liberal Party campaigned on accountability and transparency. By their keeping secret ballots out of this legislation, it is again obvious that the Liberals have no intention of keeping those election promises. Accountability and transparency seem to have gone the way of commitments to a $10 billion deficit, balanced budgets, and dinosaurs. That seems to be all in the same viewpoint of election promises broken time and again.

At the federal level, the previous Conservative government introduced extensive reforms to ensure Canadians have trust in their political institutions. That included legislation like Bill C-525, which ensures union members have the right to a secret ballot. That legislation recognized the right to peaceful association—a right that extends to all workers in Canada, whether they should wish to have a union represent them or not. That is a right that should be passed on to the RCMP as well, if its members choose to form a union. This choice is theirs and theirs alone to make.

The previous card check system for federally regulated industries required 50% plus one to sign a union membership card. It is very clear, despite what my colleague on the other side of the floor would like to say, that this is open to abuse. It has been open to abuse, and certainly there are many stories where employees have been pressured to sign a union card against their will. I know the member rattled off different laws that were in place, but just because a law is written down, I am certain all of us can agree that does not mean it is followed. I am sure we all understand that there are many opportunities where card check systems in place definitely open the door to intimidation and coercion.

To wrap it up, the message I want to get to here is very clear. Members of the RCMP each and every day put their lives on the line to protect our rights, our freedoms, and our democracy. We have one chance here. We are at the root opportunity here in dealing with collective bargaining with the RCMP. This is an opportunity for us here to stand up with our RCMP officers and stand up to protect their democratic rights, and the Liberals will not do it.

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, it truly is an honour to follow my respected colleague from Yellowhead. I thank him for sharing his time with me. I have a lot of respect for his 35 years of service with the RCMP, protecting the communities of Canada. We are truly blessed to have him as a member of our caucus.

I want to talk a bit about some of the history. I am very blessed to have a deep RCMP and North West Mounted Police history in my riding. Fort Macleod was founded in 1874. It is now a world-renowned museum of the North West Mounted Police in western Canada. Downtown Fort Macleod is now a provincial historic site, as well as the museum.

There is also the Alberta Provincial Police Building in Crowsnest Pass, which was founded in 1918. I am proud to say that the Conservative government last year contributed $100,000 to the refurbishing of that police building to protect its history. I am sure many people in the House would like to know that Corporal Stephen Lawson was killed in front of that building in the early 1900s. One of the accomplices in the shooting was Florence Lassandro. She was convicted of that murder and was the first and only woman ever hanged in Alberta's history. That is a bit of Alberta's history.

Today I want to speak to Bill C-7 and say how disappointed I am. On this side of the House, I think many of us are. We continue to have to challenge the Liberal government on the importance of accountability and transparency when it comes to unions, and specifically the importance of a secret ballot.

Members of the RCMP are out there each and every day protecting our rights, freedoms, and democracy. Why we would miss this opportunity to stand shoulder to shoulder with them and protect their democratic rights when we have the chance to do so? It is disappointing that we are missing this opportunity by putting forward Bill C-7, which does not include the right to a secret ballot. I ask the Liberal government to send the bill back in order to add the provision of a secret ballot for RCMP members when they are faced with the question of certifying or not certifying as a union. Simply put, that is the right thing to do.

Members of the RCMP have the democratic right to a free and fair secret ballot vote when certifying or decertifying as a union. Every one of us in the House was elected by way of secret ballot. Every member of a provincial or municipal government was elected by way of secret ballot. It only makes sense that we would be sharing that democratic right, not a privilege but a democratic right, to a secret ballot at all levels, including unions.

A secret ballot is the cornerstone of our democracy and at the heart of Canadian values. However, the Liberals have shown again, with the combination of Bill C-7 and Bill C-4, that they see the right of secret ballot as being somehow obsolete. In many cases, they do not feel it is democratic at all, which I find to be extremely disappointing and concerning.

This is about balance and creating a fair environment in which workers are the ones making the choice they feel is best suited to their needs. The Supreme Court decision speaks to allowing the RCMP the right to associate for the purpose of collective bargaining. I think all of us in the House agree and support that decision. However, we also believe this is an opportunity to vote by way of a secret ballot, and it should be a privilege and democratic right that the RCMP have this opportunity.

Our specific intent has always been to preserve the democratic rights of Canadian workers through increasing public confidence in unions, but to have that confidence, unions must operate in a transparent and accountable way without any chance of undue influence or coercion. Our democratic system was designed with a secret ballot as its keystone, specifically to maintain the integrity of the vote and to allow citizens to cast their ballot in privacy.

The jobs minister has made it very clear that she does not believe in the integrity of a secret ballot. In fact, she has said that the card-check system is a much more democratic way to certify or decertify a union. Recently in committee meetings, she was asked why she would repeal Bill C-525, which gave employees the democratic right to a secret ballot to decertify or certify a union. I will read this quote, because her answer was very clear on where she and the Liberal Government stood in terms of democracy. She said:

The card-check system is a perfectly democratic way of gauging support as it ensures that an absolute majority of employees support the union, not just those who come out and vote.

Our jobs minister is saying in committee that a card check system is a much more democratic way to decide if a majority of people support whatever that issue is, over a secret ballot; that somehow when people actually show up to vote for something, they are not legitimate.

I went around door-knocking in my riding, as I know most of the members of this House did as well in their ridings as we went through the election period. If I went up to ask those people for their vote right then, and I wanted them to sign a piece of paper that would tell me that they voted for me while I was standing there, how often do you feel that person would be telling the truth?

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, when the hon. member's constituents voted for him, they did so by secret ballot in exercising their democratic right. Moreover, when unions choose a leader, they do it by secret ballot. When unions make decisions on whether or not to go on strike, they do it by secret ballot.

I find it very unusual that the Liberal government basically said in Bill C-525 and the current bill that secret ballots do not matter, even though these ballots do matter in many provinces. How can it justify taking such a profoundly personal decision on behalf of our RCMP officers and not giving them the respect and the right of a secret ballot?

[Peter Fragiskatos, Liberal, London North Centre, ON]

Madam Speaker, I am thankful for the opportunity to rise today in the House in support of Bill C-7. In my riding of London North Centre we have the Royal Canadian Mounted Police Ontario headquarters, as well as the RCMP London, Ontario, detachment. Combined, these two offices have approximately 165 regular members. Many of these individuals are my constituents, I am proud to say.

I am also very proud of the work these men and women do in keeping Canadians safe every single day. With that in mind, it is an honour to be part of this debate and take a stand on behalf of these men and women, the members and reservists of the RCMP.

The bill before us today would uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in meaningful collective bargaining. I emphasize that point. Collective bargaining is a right that other police officers in Canada have enjoyed for many years, but it is a right that has been denied to the members and reservists of the RCMP, individuals who over the last 143 years have contributed so much to our proud, strong, and free nation. This bill would rectify that issue.

This bill is a clear and reasoned response to the Supreme Court ruling of January 16, 2015. The court affirmed in that decision that subsection 2(d) of the Charter of Rights and Freedoms, “protects a meaningful process of collective bargaining that provides employees with a degree of choice and independence sufficient to enable them to determine and pursue their collective interests”. The court also determined that, “the current labour relations regime denies RCMP members that choice, and imposes on them a scheme that does not permit them to identify and advance their workplace concerns free from management’s influence”.

It is, therefore, my pleasure to support this bill today, a bill that would provide RCMP members and reservists with freedom of choice and independence from management while still recognizing their unique operational reality. The bill in question is a product of careful consideration of the result of consultations with key stakeholders, the first with regular members of the RCMP and the second with provinces, territories, and municipalities that have policing agreements with the RCMP.

Bill C-7 has a number of important features, and I will now go over those briefly.

It would provide for independent binding arbitration as the dispute resolution process for bargaining impasses. Consistent with other police forces across this country, the members of the RCMP bargaining unit would not be permitted to strike. This was the strong preference of those who participated in the online consultation.

The bill would also provide for a single national bargaining unit composed solely of RCMP members appointed to a rank and reservists; and the RCMP bargaining agent, should one be certified, would have as its primary mandate the representation of RCMP members. Again, regular members showed clear support for these provisions. The bill would also exclude officers appointed to the ranks of inspector and above from representation. Finally, the Public Service Labour Relations and Employment Board would be the administrative tribunal for collective bargaining matters related to the RCMP bargaining units, as well as grievances related to a collective agreement.

The bill before us today is consistent with our government's efforts to restore fair and balanced labour laws in this country. Take, for instance, Bill C-5, which would repeal division 20 of Bill C-59, the 2015 budget implementation bill, tabled last April by the previous government. It gave the government the authority to unilaterally override the collective bargaining process and impose a new sick leave system onto the public service.

The Public Service Labour Relations Act was originally passed in 1967 to give public servants the right to unionize and bargain collectively. It is fundamental to ensuring collaborative efforts between the parties and to improving the ability of the public service to serve and protect the public interest.

I have many public service employees in my riding of London North Centre. In fact, I had the privilege of meeting with some of their leadership last week and they made their voices heard.

The actions of the previous government, to unilaterally impose a new sick leave system while ignoring the collective bargaining process, were unfortunate and disrespectful. Our government made it clear that we would not be party to an approach that disregards the process of negotiation between an employer and a group of employees aimed at reaching agreements on the terms and conditions of employment. By repealing those provisions in Bill C-59, we are demonstrating our respect for the collective bargaining process.

We believe in collective bargaining, and the bill before us today honours our belief in this right. We also believe in fair and balanced labour relations, yet over the last few years, many fundamental labour rights have been rolled back. We can just look at Bill C-377 and Bill C-525, which would both have changed how unions could be certified and decertified, and would place new financial reporting requirements on them.

These bills were passed without the traditional employer, union, and government consultation process used for labour relations law reform. The result has been that it is now more difficult for unions and the employer to bargain collectively in good faith. We need, instead, to ensure that workers can organize freely, bargain collectively in good faith, and work in safe environments. To that end, the Minister of Employment, Workforce Development and Labour has also introduced legislation to repeal Bill C-377 and Bill C-525.

Bill C-4 would restore the procedures for the certification and the revocation of certification of bargaining agents that existed prior to June 16, 2015. This bill would also amend the Income Tax Act to remove the unnecessary requirements on labour organizations and labour trusts for the public reporting of financial information.

As hon. members are well aware, legislation is already in place to ensure that unions make such financial information available. Section 110 of the Canada Labour Code, for instance, requires unions to provide financial statements to their members upon request and free of charge, rendering these additional reporting requirements unnecessary. The bill before us today is very much in keeping with our belief in fair and balanced labour relations.

Engaging in collective bargaining is a right long exercised by all other police forces in Canada. The bill would respect that right while recognizing the particular circumstances of the RCMP as a national police force. It is time for us to give RCMP members and reservists the respect they are due.

I again would like to thank those members and reservists of the RCMP for their dedicated service to our country. I am proud to have such a strong RCMP presence in my riding of London North Centre, and I commend RCMP members for going to work each and every day with the safety of all Canadians and all Londoners at the forefront of their minds.

To that end, I ask all members to show their support for members and reservists of the RCMP by voting in favour of this bill.

[Tom Lukiwski, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Madam Speaker, I thank my friend from Regina—Lewvan for his kind words about my father.

There is one point I will make to him, and I say this in all seriousness. I am not trying to be flippant or rude, but he should know, now that he represents it, that RCMP Depot is pronounced “deh-po”, not “dee-po”. If he speaks with any members of the RCMP, current or past—and we have members in this place—they will make that distinction very clearly. He would be insulting members of the RCMP if he went onto their grounds and spoke about the great work that dee-po does, because it is not dee-po; it is deh-po. That is point number one.

Second, I would just simply point out to my friend and colleague that we are not saying we are against collective bargaining whatsoever. We are just saying that whatever votes should be taken should be done in a secret environment. What is wrong with determining whether or not members want to be unionized by letting them vote in a secret environment?

Let us get rid of the intimidation. We can probably share stories, on both the management side and the union side, of intimidation and pressure tactics that have been used over the years. We are both very familiar with that. To avoid that is a simple solution: allow members to determine their own fate by a secret ballot. That is all we are saying.

That is all Bill C-525 did. It was to amend the Canada Labour Code to allow members to determine their own fate for collective bargaining by a secret ballot. Absolutely nothing is wrong with that, in my view.

[Tom Lukiwski, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Madam Speaker, it is quite obvious. The most democratic way to approach this is by secret ballots.

Would the member opposite suggest that in her position as a member of Parliament, she be elected by a show of hands or the signing of a petition? I suggest not. Why, then, should union members be forced to avoid and abandon a secret ballot environment? Why should union members, and only union members, be forced into an anti-democratic position? That is exactly what this is.

Bill C-525 simply allowed union members to determine their own fate by a secret ballot. The most democratic way to approach any vote should be by secret ballot to avoid intimidation tactics.

I would point out to the member opposite that if she is talking about true democracy, the Liberals are going about it in exactly the wrong manner.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Madam Speaker, I have good news for the member for Moose Jaw—Lake Centre—Lanigan. Under this legislation, Bill C-7, the Public Service Labour Relations and Employment Board will have both tools available—either a secret ballot or a card system—and it can apply the one it believes will give the fairest and most representative outcome.

I do not even want to say how many times the member has made allegations that are simply not true. This is available, and it will be a neutral board. There will not be employer interference or other interference. A neutral board of up to 12 members would determine which of the tools would be appropriate.

I want to ask the member this question. Bill C-525, which he was saying such nice things about, was brought forward by the Conservative government with no consultation, yet with evidence from their own research—which they hid—that suggested that bill was going to undermine labour relations and unions. That was on the one side.

On the other side we have Bill C-7, which would give a neutral board options for how to have the votes held so that they can do it in the interests of the RCMP members and there has been full consultation by RCMP members.

Which one is the more democratic? Which one gives the most freedom of choice of those two options?

[Tom Lukiwski, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Mr. Speaker, I appreciate your assistance in trying to get the chamber a bit more organized and a little more quiet. It is surprising, because normally when I stand to speak, members opposite hang on every word. Therefore, it was a little disturbing to find out here were actually people in here who did not want to hear what I had to say.

When I concluded my remarks prior to question period, I was in the midst of telling all members about my history both with the RCMP and the union movement in Canada.

In particular, with the union movement, I mentioned that my father had been a senior member of the United Steelworkers of America. In fact, he was the western Canadian head of the United Steelworkers of America. He trained Ken Neumann, who is now the national director of the United Steelworkers of America. Therefore, I have an intimate knowledge of the union movement.

I recall my father taking me on many occasions to union meetings when I was extremely young. I was never quite sure why he did that. It was either (a) an obligation to his babysitting commitment to my mother, or (b) he was trying to groom me to become a labour representative or a union representative such as himself. I suppose, in retrospect, if it was (a), he succeeded admirably and if it was (b), he failed miserably. Nonetheless, I was able to observe many things from these meetings, these union gatherings that I went to.

One of the things that struck me then, and it certainly continues to strike me now, was the fact that in the vast majority of cases whenever there was a vote to be cast at a union meeting, whether it would be a local union or a larger gathering of several locals, the votes were always public. I could not understand that because it was obviously something I believed, even at a young age, should be done in private.

However, I also saw the opposite side of the coin. Back in the early 1960s, when my father tried to organize a potash mine in Esterhazy, Saskatchewan, he would go down there with sign-up cards and get a number of the workers in the potash mine to sign those cards indicating their preference to unionize. Then mysteriously many times those same members who signed the cards would no longer be employees of the potash mine. That was pure and simple intimidation.

I have seen intimidation on both sides of the ledger. I have seen union members try to intimidate or at least pressure some of their fellow co-workers into voting in a particular manner. I also know from first-hand experience that there has been pressure or intimidation from the management side to try to influence the vote of certain workers. Quite frankly, that is unacceptable. I think most Canadians would feel that it is as an affront to natural law, justice and absolute fairness in our country.

The way to get over that is to have secret ballots. If union members were able to vote freely according to their own beliefs in a secret ballot environment, intimidation would not play a part in this whole process. Management would be unable to successfully intimidate employees and union members would not be successful in their attempts to pressure or intimidate their co-workers. A secret ballot provides the assurance that each and every union member would be able to vote according to his or her conscience and beliefs.

For example, I have seen strike votes where unions get together in a public environment and have to vote in favour or against a strike by a show of hands. I have experienced first-hand some very serious pressure and intimidation. If union leadership wanted a strike to occur, many members who may not want to go on strike because they could not afford to take a reduced salary or no salary at all because they had mouths to feed at home were pressured into voting in favour of their union boss' belief that a strike was necessary. That is just as unacceptable as it would be if a management member tried to intimidate a union member or a non-union member into voting against certification.

Secret ballots are the absolute solution and remedy to intimidation factors and tactics, yet the government feels otherwise. For some reason, it feels that Bill C-525, which allowed for secret balloting in either union certification or decertification, should be eliminated, and that changes to the Canada Labour Code should be enacted to go back to the old system. I just cannot agree with that.

Although I believe that Bill C-7 is on balance a worthwhile piece of legislation containing many provisions that I agree with, the single provision that does not allow for secret balloting on union certification or decertification makes it impossible for me to support this particular piece of legislation.

One could present an argument that the system that had been in place for many years, whereby petitions could be circulated and cards could be signed, was appropriate, but that certainly has not proven to be the case in the majority of provinces across Canada. In fact, in the majority of provinces in Canada, provincial legislation deems that secret balloting must take place in determining either certification or decertification of a union, and it has worked well.

I could also share from personal experience conversations I have had with many rank-and-file union members, who have expressed the same concern that I am expressing here. That is the concern that their right to vote freely has been impugned because of the public nature of voting within many unions.

Let me simply say that while Bill C-7 contains many solid provisions that support the RCMP and allow its members to determine their own fate when it comes to unionizing and enjoying collective bargaining, and while many of those provisions we heard earlier in debate today protect them on many other fronts, the single fact that the government does not see fit to allow one of the most fundamental tenets in democracy, that being secret ballots, makes the bill absolutely unacceptable to me and, I am sure, to all my colleagues on the Conservative benches.

What is the solution? Frankly, we have heard many times before, particularly from the Parliamentary Secretary to the Leader of the Government in the House of Commons, that committees should take a stronger and more active role in determining legislation in the House. That is a position that I quite frankly agree with and support, so we are simply asking that an amendment be considered at committee that would allow this legislation to include the provision of secret balloting before being presented to the House in its final form for third reading.

I do not know whether or not that is going to happen. I could assume that we will be able to move an amendment at committee and engage in debate, but I sense quite strongly that despite the nice words from the parliamentary secretary to the government House leader, their committee members will be whipped and instructed to vote against any amendment that the official opposition brings forward in relation to secret ballots.

Once again, I find it extremely difficult to stand in this place and completely understand how the government can defend that position. Every one of the members of this place was elected by secret ballot. The Speaker of this chamber was elected by a secret ballot. Why is that the case? Why is it the case that in almost every democracy in the world, secret ballots have been accepted as the norm?

The government seems to be swimming upstream. Why is it doing that? Quite frankly, Liberals made a number of commitments during the election campaign to try to gather support from the union movement in Canada. One of them was the commitment to repeal Bill C-377 on union transparency. Another was the commitment to repeal Bill C-525, which allowed for secret balloting in certification and decertification votes. I suppose on the one hand they are keeping their commitment to their election campaign platform, but it flies in the face of any democratic institution that we know of.

There is one other point I would like to make. It has been mentioned several times in today's debate, primarily by the member for Spadina—Fort York, that Bill C-7 does not disallow the RCMP from determining their own fate when it comes to a secret ballot. He says they are able to vote for certification or non-certification by secret ballot if they so choose. That is factually incorrect. Because of the provisions in Bill C-4, which would change the Canada Labour Code, the RCMP would not be able to choose a secret ballot even if the majority of their members wanted to.

I would point out to the member for Spadina—Fort York that what he is attempting to state in the House as fact is absolutely just the opposite. It is factually incorrect. Because of Bill C-4, the RCMP would not have the ability to vote for union certification, should they desire, in a secret ballot environment.

I would suggest to all members of this place that if one were to poll rank-and-file members of the RCMP and simply ask them if they would be in favour of a secret ballot process for certification, the overwhelming majority of non-union members would state yes, they want a secret ballot.

I have spoken with a great many RCMP members. I have spoken in the House of my close relationship with many members, both present and past. Almost to a person, when speaking about the certification process, these members say they would prefer to have a secret ballot.

I firmly believe that whenever the vote is taken, RCMP members will vote to unionize. I have that sense. However, they should be allowed to do so in a secret ballot environment. They should be allowed to cast their ballot knowing full well that no one else will know how they voted. That is something we hold dear in our country, yet the Liberals seem to be reversing the democratic will of the people by forcing public notification of union certification votes. That is unacceptable.

I can assure the House that on this side, unless an amendment is brought forward to reverse the secret balloting provisions and allow for secret ballots in union certification votes, members on the Conservative side will be voting against Bill C-7, and for good reason.

[Greg Fergus, Liberal, Parliamentary Secretary to the Minister of Innovation]

Mr. Speaker, I will be sharing my time with the member for Don Valley East. I would like to thank you for giving me the opportunity to rise today to support Bill C-7.

It is an honour to participate in this debate and take a stand on behalf of the members and reservists of the Royal Canadian Mounted Police.

Today's bill seeks to uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in meaningful collective bargaining. Collective bargaining is a right that other police officers in Canada have enjoyed for many years. RCMP members and reservists have been denied that right, despite the significant contribution they have made to our proud, strong, and free nation over the past 143 years.

This bill would remedy that situation. It is a clear and reasoned response to the decision rendered by the Supreme Court on January 16, 2015. The court indicated that section 2(d) of the Canadian Charter of Rights and Freedoms protects a meaningful process of collective bargaining that provides employees with a degree of choice and independence sufficient to enable them to determine and pursue their collective interests. The court also stated that the current RCMP labour relations regime denies RCMP members that choice, and imposes on them a scheme that does not permit them to identify and advance their workplace concerns free from management’s influence.

I thank the Supreme Court for this ruling, and I am pleased to support this bill today, which would give RCMP members and reservists freedom of choice and independence from management, while recognizing their unique operational reality.

This bill was carefully developed from the results of consultations with key stakeholders. The initial consultations were held with regular members of the RCMP. The next round of consultations were held with the provinces, territories, and municipalities that have police service agreements with the RCMP.

There are some important features in Bill C-7. First and foremost, it gives access to independent, binding arbitration when the bargaining dispute resolution process reaches an impasse. Members of the RCMP bargaining unit will not have the right to strike, which is in line with the practices of other police forces across the country. Those who participated in the online consultation expressed a strong preference for this provision.

The bill will also create a single, nation-wide bargaining unit composed of RCMP members appointed to a rank as well as reservists. In order to be certified, an RCMP bargaining agent must have as its primary mandate the representation of RCMP members. Once again, regular members have shown strong support for these provisions. The bill also provides for the exclusion of officers at the inspector level and above from representation.

Lastly, the Public Service Labour Relations and Employment Board will act as the administrative tribunal for matters related to the RCMP bargaining unit, as well as grievances related to the provisions of the collective agreement.

This bill is in line with the government's efforts to restore fair and balanced labour laws in this country.

Consider, for example, Bill C-5, which repeals division 20 of Bill C-59, the bill to implement budget 2015, introduced in April of last year by the previous government.

That bill gave the government the power to unilaterally override the collective bargaining process and impose a new sick leave system on the public service.

The Public Service Staff Relations Act was first introduced in 1977 in order to give public servants the right to organize and to bargain collectively. Guaranteeing collaborative efforts among the parties is crucial, as is increasing the capacity of the public service to serve and protect the public interest.

Our government has made it abundantly clear that it will not adopt an approach that does not take into account the bargaining process between an employer and a group of employees who want to reach agreements on employment conditions.

By repealing these provisions of Bill C-59, we are demonstrating our respect for the collective bargaining process. We believe in collective bargaining. Today's bill is a testament to our belief in that right.

We also believe in fair and balanced labour relations. Unfortunately, over the past few years, many basic labour rights have been undermined. Consider Bill C-377 and Bill C-525, for example, which will change how unions can be certified or decertified and will impose new financial reporting requirements on them.

Those bills were passed without the usual consultation process involving employers, unions, and the government, which was used during the reform of the Public Service Staff Relations Act. As a result, it is now harder for unions and employers to bargain in good faith.

Instead we must ensure that workers are free to organize, bargain collectively in good faith, and ensure safe workplaces for themselves. To make that happen, the Minister of Employment, Workforce Development and Labour introduced a bill to repeal Bill C-377 and Bill C-525.

Bill C-4 restores the bargaining agent certification and decertification processes that were in place before June 16, 2015. Bill C-4 also amends the Income Tax Act to get rid of unnecessary requirements imposed on labour organizations and labour trusts with regard to releasing certain financial information.

As hon. members know, legislative measures are already in place to ensure that unions make that financial information available. Under section 110 of the Canada Labour Code, unions are required to provide financial statements to their members upon request and free of charge, which makes these requirements to produce extra reports unnecessary.

In conclusion, the bill being introduced today is consistent with our belief in fair and balanced labour relations. Every other police force in Canada has had the right to engage in collective bargaining for quite some time. This bill respects that right, while recognizing the particular circumstances of the RCMP as a national police force.

It is time for us to give RCMP members and reservists the respect they deserve. To that end, I am calling on all hon. members to show their support for RCMP members and reservists by voting in favour of this bill.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, it is interesting that what the government is failing to mention is that in many provinces across this country, secret ballot is the system.

Actually, Bill C-525, which government members are speaking of as being a terrible piece of legislation, is the system in the province where I live, British Columbia, and I can tell my colleague the opposite. I worked in an environment where there was a certification union drive. It was a small health centre, and it divided the employers and employees. The fact that it was a secret ballot was a relief to the nurses and physiotherapists who worked there because their choice was private and was not the business of their colleagues. Ultimately, a decision was made.

It is not an unusual situation in this country to have a secret ballot.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I want to thank my colleague from Kamloops—Thompson—Cariboo for her remarks, and particularly for highlighting the changes to the Government Employees Compensation Act, which, as the member mentioned, will provide more seamless support for injured RCMP members.

Unfortunately, the member then brought back the issue of the right to secret ballot for union members. She was part of a previous government that put forward Bill C-525. The very organizations that represent public sector members were almost unanimous in believing that it was the wrong way to go. They claim that the card check method is more likely to be free of employer interference. Therefore, suggesting that the right to secret ballot is good for employees is contrary to what the representatives of those employees are saying.

Why would the representatives of government employees speak out so strongly against Bill C-525 when it was passed, if it were in the interest of the employees, or in this case in the interest of RCMP members?

[David Graham, Liberal, Laurentides—Labelle, QC]

Mr. Speaker, I am pleased to have the opportunity to rise today to support Bill C-7.

It is an honour to participate in this debate and take a stand on behalf of the members and reservists of the Royal Canadian Mounted Police, the RCMP.

Today's bill seeks to uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in meaningful collective bargaining. Collective bargaining is a right that other police officers in Canada have enjoyed for many years.

However, RCMP members and reservists have been denied that right, despite the significant contribution they have made to our proud, strong, and free nation over the past 143 years. My personal connection to this file dates back to almost the very beginning. My great-great-grandfather, Dr. Louis Paré, was the assistant chief surgeon for the Royal Northwest Mounted Police.

This bill will remedy that situation. It is a clear and reasoned response to the decision rendered by the Supreme Court on January 16, 2015, which indicated that section 2(d) of the Canadian Charter of Rights and Freedoms “protects a meaningful process of collective bargaining that provides employees with a degree of choice and independence sufficient to enable them to determine and pursue their collective interests”.

The court stated, “The current RCMP labour relations regime denies RCMP members that choice, and imposes on them a scheme that does not permit them to identify and advance their workplace concerns free from management’s influence.”

I thank the Supreme Court for this ruling, and I am pleased to support this bill today, which would give RCMP members and reservists freedom of choice and independence from management, while recognizing their unique operational reality.

This bill was carefully developed from the results of consultations held with key stakeholders. The initial consultations were held with regular members of the RCMP. The next round of consultations were held with the provinces, territories, and municipalities that have police service agreements with the RCMP.

There are some important features in Bill C-7. First and foremost, it gives access to independent, binding arbitration when the bargaining dispute resolution process reaches an impasse.

Members of the RCMP bargaining unit will not have the right to strike, which is in line with the practices of other police forces across the country. Those who participated in the online consultation expressed a strong preference for this provision.

The bill will also create a single, nation-wide bargaining unit composed of RCMP members appointed to a rank as well as reservists. In order to be certified, an RCMP bargaining agent must have as its primary mandate the representation of RCMP members.

Once again, regular members have shown strong support for these provisions. The bill also provides for the exclusion of officers at the inspector level and above from representation.

Lastly, the Public Service Labour Relations and Employment Board will act as the administrative tribunal for matters related to the RCMP bargaining unit, as well as grievances related to the provisions of the collective agreement.

This bill is in line with the government's efforts to restore fair and balanced labour rights in this country. Consider, for example, Bill C-5, which repeals division 20 of Bill C-59, the bill to implement budget 2015, introduced in April of last year by the previous government. That bill gave the government the power to unilaterally override the collective bargaining process and impose a new sick leave system on the public service.

The Public Service Staff Relations Act was first introduced in 1977 in order to give public servants the right to organize and to bargain collectively. Guaranteeing collaborative efforts between the parties is crucial, as is increasing the capacity of the public service to serve and protect the public interest.

Our government has made it abundantly clear that it will not adopt an approach that does not take into account the bargaining process between an employer and a group of employees who want to reach agreements on employment conditions.

By repealing these provisions of Bill C-59, we are demonstrating our respect for the collective bargaining process. We believe in collective bargaining. Today's bill is a testament to our belief in that right. We also believe in fair and balanced labour relations. Unfortunately, over the past few years, many basic labour rights have been undermined.

Consider Bill C-377 and Bill C-525, which will change how unions can be certified or decertified and impose new financial reporting requirements on them.

Those bills were passed absent any of the usual consultation involving employers, unions, and the government, which took place during the Public Service Staff Relations Act reform.

As a result, it is now harder for unions and employers to bargain effectively in good faith. We must ensure that workers are free to organize, bargain collectively in good faith, and ensure safe workplaces for themselves.

To make that happen, the Minister of Employment, Workforce Development and Labour introduced a bill to repeal Bill C-377 and Bill C-525. Bill C-4 restores the bargaining agent certification and decertification processes that were in place before June 16, 2015.

Bill C-4 also amends the Income Tax Act, in order to get rid of unnecessary requirements imposed on labour organizations and labour trusts with regard to filing certain financial information.

As hon. members know, legislative measures are already in place to ensure that unions make that financial information available. Under section 110 of the Canada Labour Code, unions are required to provide financial statements to their members on request and free of charge, which makes these requirements to produce extra reports unnecessary.

The bill being introduced today is consistent with our belief in fair and balanced labour relations. Every other police force in Canada has had the right to engage in collective bargaining for quite some time.

This bill respects that right, while recognizing the particular circumstances of the RCMP as a national police force. It is time for us to give RCMP members and reservists the respect they deserve.

To that end, I am calling on all hon. members to show their support for RCMP members and reservists by voting in favour of this bill.

[Nick Whalen, Liberal, St. John's East, NL]

Mr. Speaker, I thank the member for his informed question.

As we heard earlier today in the House, the issues regarding whether or not the rights provided under Bill C-525 would continue or not is dependent on separate legislation. It is not the legislation we are talking about here.

What we are talking about here is whether or not the RCMP gets these narrow rights for collective bargaining that are required by the Supreme Court of Canada decision, which needs to be implemented before May 16 in order to prevent the application of the current Public Service Labour Relations Act from applying to RCMP members.

In order to avoid that unfortunate result, we are putting forward legislation that addresses that fine point of the collective bargaining rights mandated by the Supreme Court of Canada. The issue as to whether or not the members of the RCMP choose of their own accord to adopt a process within their collective bargaining rights that requires a secret ballot would be up to them, and indeed if the bill currently before the House regarding the repeal of Bill C-525 does not achieve royal assent before this one, my understanding is that the current regime as it exists now would apply to the certification, or not, of any collective bargaining agent being proposed under this new regulatory regime.

[Nick Whalen, Liberal, St. John's East, NL]

Mr. Speaker, I will be sharing my time today with the member for Laurentides—Labelle.

I thank the House for this opportunity to explain why Bill C-7 is a constructive and responsible development in federal labour relations.

If passed, this legislation would allow RCMP members and reservists to choose whether they wish to be represented by a bargaining agent independent of RCMP management. The key features of the bill include the requirement that the RCMP bargaining agent have as his primary mandate the representation of RCMP members; the exclusion of officers, those of inspector rank and above, from representation; and the designation of the renamed federal Public Sector Labour Relations and Employment Board as the administrative tribunal for matters relating to the RCMP bargaining unit as well as grievances related to the collective agreement, should one be affected.

The bill would provide for binding arbitration as the means to resolve impasses, in light of the essential nature of the work performed by the RCMP.

As a standard in federal labour relations, the bill would require that, to be certified as a bargaining agent, an employee organization would need the support of a majority of RCMP members in a single national bargaining unit.

The labour relations regime that this bill would create marks the beginning of a new era in the history of the RCMP. For the first time, RCMP members and reservists would have the same constitutional rights as other Canadians concerning collective bargaining. It is time the RCMP had the opportunity to decide whether to exercise these rights itself.

Our national mounted police have a storied past in Canada in the settlement and development of our country and in keeping peace across the land for almost a century and a half. Since its beginning in 1873, when the act establishing the North-West Mounted Police was introduced in the House by then prime minister John A. Macdonald, the RCMP has been an integral part of our history, indeed our culture. From the 1874 march west from Fort Dufferin in Manitoba, to policing the Klondike gold rush, to the St. Roch's passage through the Northwest Passage, to the vital roles in World War I and World War II, the RCMP has played instrumental roles in Canadian history.

Yet despite their long history, this legislation would be the first time these employees would have the right to freedom of association with respect to collective bargaining. This is a right guaranteed to all Canadians by our Charter of Rights and Freedoms. It is a right the RCMP defends and should also enjoy.

Members of the RCMP work with the goal of serving Canada and protecting Canadians. They are the people who protect the Governor General, the prime minister and other ministers of the crown, visiting royalty and dignitaries, and diplomatic missions. They are our neighbours, who participate in international policing efforts, safeguard the integrity of our borders, and provide counterterrorism and domestic security. They are the Canadians who enforce our federal laws against commercial crime, counterfeiting, drug trafficking, and organized crime.

This legislation would help support those who support us.

The bill also acknowledges the importance of collective bargaining in the development of Canadian society. Since it was officially recognized in 1944, collective bargaining has helped lift many Canadians out of economic insecurity and poverty. Working Canadians in both English and French Canada have a long tradition of organizing themselves to negotiate for better working conditions and more secure lives for themselves and their families. Their struggles and triumphs have been essential to Canada's development.

Our government recognizes that collective bargaining and Canadians' fundamental freedoms are vital to a healthy democracy in which people can pursue their livelihoods with a sense of fairness, security, and professionalism.

We promised to restore fair and balanced laws that acknowledge the importance of unions in Canada. That is what we have done, and that is what this legislation would continue to do.

In December, the Minister of Employment, Workforce Development and Labour introduced legislation to repeal Bill C-377 and Bill C-525. These two bills amended the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act, and procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015.

The government has also introduced legislation to repeal Bill C-59, which would have provided the authority to unilaterally override the collective bargaining process. The bill we are considering today, which recognizes the right to collective bargaining for RCMP members and reservists, is another example of our commitment to fair and balanced labour relations.

Fair labour relations need to be available to the brave men and women who put their lives on the line for us. This legislation would do that, and it demonstrates our respect for fundamental liberties and the values at the heart of our democracy.

In 1873, parliamentarians like us voted in this House to establish the North-West Mounted Police. Today, we are here at the beginning of a new chapter in the history of the RCMP. We are considering whether, 143 years later, the men and women in our national police force should have the same fundamental freedoms as so many other Canadians enjoy.

I urge all members to support the bill that would give them those freedoms, and to vote with us to help those who help others.