The House is on summer break, scheduled to return Sept. 15

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 bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Blaine Calkins  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Similar bills

C-525 (41st Parliament, 1st session) Employees' Voting Rights Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-525s:

C-525 (2010) An Act to amend the Employment Insurance Act (maximum -- special benefits)
C-525 (2008) An Act to amend the Youth Criminal Justice Act (protection of the public)
C-525 (2004) An Act to amend the Excise Tax Act (literacy materials)

Votes

April 9, 2014 Passed That the Bill be now read a third time and do pass.
April 9, 2014 Passed That Bill C-525, 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), as amended, be concurred in at report stage [with a further amendment/with further amendments].
April 9, 2014 Failed That Bill C-525, in Clause 4, be amended (a) by replacing line 14 on page 2 with the following: “employee who claims to represent at least 50%” (b) by replacing line 26 on page 2 with the following: “50% of the employees in the bargaining unit”
April 9, 2014 Failed That Bill C-525 be amended by deleting Clause 1.
Jan. 29, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 12:25 p.m.


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Conservative

Dianne Lynn Watts Conservative South Surrey—White Rock, BC

Madam Speaker, I will be sharing my time with the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup.

I rise in this House today to speak to Bill C-4, an act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act.

The bill would reverse a number of pieces of legislation that made it easier for union members to have a fair say within their unions via a secret ballot. It also ensured that union leaders were accountable to their membership and taxpayers by having their financial statements disclosed, as they operate tax free. This is no different from political members of Parliament, MLAs, crown corporations, charities, and native reserves, which I now understand has been reversed as well.

I have heard much throughout this debate, from all parties. I heard some of the most disturbing comments last week from members, and again from one of the members today, calling this original legislation “backdoor”, “anti-union”, “an attack on labour unions”, “union busting”, and that we, as Conservatives, hate unions.

I not only find those comments absurd; I find them frankly offensive. Many of our members have worked with unions and many have belonged to unions. There are seven out of 10 provinces that have financial disclosure requirements. Union members, past and present, along with the general public, supported disclosure, by over 80% in polling data when the bills were first introduced in 2013. When did accountability and transparency become so abhorrent to the government?

I have personally worked with numerous union leaders, union executives, and union organizations over many years. We did not always agree on every topic, but we still worked together. We still resolved issues. We still respected each other's opinions. More important, we respected each other's differences. In past elections, I have been publicly endorsed by unions, and even in this past federal election, as a Conservative, I was endorsed by a union.

The reason I say this is to allow some balanced perspective to enter into this debate. Bill C-377, passed by the previous government, added an additional tool of confidence and transparency for workers, requiring unions to disclose the way that they spent their money. It did not regulate how unions could spend their money, nor did it regulate any other activity. It simply helped to give Canadians a more open and transparent picture.

Bill C-525, also passed by the former government, helped strengthen the rights of union members. It gave them the power to vote by secret ballot.

However, this bill, Bill C-4, would take those rights away from union workers. It begs the question of why a government, which insists that it is all about openness and transparency, is so insistent on taking away workers' rights.

I have witnessed the certification of manufacturing plants. I can assure members that this is not an easy nor a smooth process. I have personally witnessed the intimidation by both union workers and management personnel. A secret ballot lets an individual's true opinion be heard without fear of repercussions. By not allowing a secret ballot, we are putting workers, on both sides of the issue, in a very awkward and intimidating situation.

Let us never forget that all parties must work together to create a healthy and productive working environment. Jobs need to be created; they need to be sustained. Opportunities need to be provided for workers, and industry sectors need to grow. It is a symbiotic relationship, one that cannot survive without the other.

Canadians across this country have the democratic right to vote for their elected representatives by secret ballot. Abolishing the secret ballot is one of the most undemocratic actions that a government can take, and this is exactly what would happen with this legislation. A government cannot and should not pick and choose who gets the right to a democratic process. However, the current government is continuing down this path.

Not only are we seeing the lack of democratic process through Bill C-4, but we are seeing this play out in communities across this country with the so-called consultation on electoral reform. There is an overwhelming desire by the general public to have a referendum. We have seen it over and over again, in dozens of polls, in letters, newspaper articles, and in petitions across this country. People want a say in the way that they elect their political representatives. To have a few people gathered at town halls is not representative of the people's voice. It is one element to gather information. However, we cannot base our decisions solely on a few people showing up at a town hall.

By note, there were about 70 people in my riding who came to a town hall: the EDAs, the last candidate of record for the Liberals, some of their friends, and a very small number of people who were non-partisan. That does not represent the majority. However, I did send out a questionnaire to every household in my riding to ask about electoral reform, as well as having an online questionnaire. Overwhelmingly, the people want a referendum. They want a say in how they elect their representatives. They do not want politicians deciding for them.

Another funny little anecdote is that the issue of electoral reform was at the bottom of their concerns. People are concerned about health care, jobs, rising taxes, and a litany of other things. It certainly is not electoral reform.

This tells us many things, and it gives us an indication of what the current government thinks of openness, transparency, and accountability. People want a referendum on electoral reform and for workers to have a right to a secret ballot. Whether they use it is up to them, but they should have that right. Conservatives value transparency, accountability, and democracy, which is why we introduced those pieces of legislation in the first place. Bill C-4 is the complete opposite of transparency, accountability, and democracy. Therefore, I cannot support Bill C-4.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 12:25 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, in listening to the question, one thing that came to mind is the fact that throughout this entire debate, outside of the Conservative Party, I have not received one phone call, email, or letter, at least to the best that I can recall, which was critical of Bill C-4.

The same cannot be said about the private members' bills. Bill C-525 dealt with the card check system, about which the Conservatives would ultimately say it should be the freedom of the vote and that the card check system is not needed. Many members of the union movement in particular thought it was a way to minimize the growth of unions, and even destabilize other unions currently in place.

Bill C-377 dealt with financial matters, where unions as a group were targeted. For what reasons? I have commented extensively on this. I believe there was a lot of negative political motivation that ultimately put politics and wedge issues ahead of Canada's best interests in terms of labour relations in our country.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 12:25 p.m.


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Acadie—Bathurst New Brunswick

Liberal

Serge Cormier LiberalParliamentary Secretary to the Minister of Fisheries

Madam Speaker, our government recognizes the very important role of unions in protecting labour rights across Canada.

I have personally met with the representatives of a number of labour organizations since I took office. They all agree that Bill C-377 and Bill C-525 weaken the Canadian labour movement and hinder the establishment of productive labour relations between employers and employees. The previous government hindered these relations, and our government is determined to repeal Bill C-377 and Bill C-525.

Can my colleague quickly explain to me once more what Bill C-377 and Bill C-525 imposed on unions and workers?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 12:15 p.m.


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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, I would like to correct some of the facts.

Basically, when the previous government passed Bill C-525 and Bill C-377, there were major consultations, a word I believe the current government loves to hear all the time. The House of Commons Standing Committee on Finance examined the issue, as did the Senate Standing Committee on Banking, Trade and Commerce, and the Senate Standing Committee on Legal and Constitutional Affairs.

Although no one is accusing the government of being logical, here is the question. What is the motivation behind the legislation? I believe an observer would say it is to protect the union bosses. The irony is that those union leaders are themselves elected by secret ballot. Does it make sense that union leaders be elected by secret ballot if secret ballots are not allowed for union certification votes? That is the question, and hopefully we can hear some logical answers.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 11:55 a.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, as many will know, when there is an opportunity to talk about the issue of labour relations in Canada, as much as possible people can count on the fact that I love to be able to share my thoughts on what I believe is a very important issue. It is an important issue not only for me but also for the Prime Minister and the Liberal caucus as a whole. That is very clearly demonstrated in the degree to which labour relations has been made a parliamentary priority by the government.

I can recall having discussions about labour-related legislation prior to our being in government, when we discussed two private members' bills. I will comment on that because at times it was fairly emotional for my colleagues opposite when we indicated the manner in which the past government, the Harper government, had changed the labour laws.

One of the discussions that took place had to do with the sense of unfairness about what the Conservative government was doing at the time in introducing private members' legislation. Therefore, no one should be surprised that the new government, led by our current Prime Minister, has made a fairly bold statement that we want to establish a new attitude and a new relationship between labour and management, given the harm caused by the former government. It did not take long for our new government and the Prime Minister to bring forward legislation that will ultimately assist in setting the stage.

Bill C-4 is a genuine and effective attempt to repeal legislation that was previously introduced in the House by private members. I was there during the debate when those private members' bills were brought forward to fulfill what we believed at the time was the Conservative Harper government's agenda with respect to labour relations.

Over the years, I have had the opportunity to walk on picket lines and to support workers. I have had opportunity to meet with management groups to talk about labour relations. I understand the importance of balance. At one point, I was even the labour critic in the Province of Manitoba. I understand how important it is that there be balance, because balance is what provides for an effective bargaining process.

Although we have only held the reins of power here at the national level for a relatively few months, I believe we have made significant strides forward. I was really encouraged by our ministries here today that were so effective in sending the message to Canada Post and the union not to expect the current government to jump in with back-to-work legislation.

The government's expectation is that the stakeholders in this case, the management and the union, will be able to negotiate in good faith. I believe that in good part they have understood that the government wants to see that different attitude toward negotiations and that it believes it is in their best interest, both management and the labour side of Canada Post, to reach a negotiated agreement. In essence, that is what we have witnessed. When there is an opportunity for a negotiated agreement between the stakeholders, I believe this is what we should be striving for at all times. I do not believe the previous government really appreciated that fact.

Hansard will clearly demonstrate that I would comment back then that everyone knew at the time that the government of the day would institute back-to-work legislation virtually immediately if a strike took place. How did that influence negotiations? It was not just in respect of Canada Post. Indeed, the government needs, as much as possible, to respect and allow for negotiations in good faith. It does not necessarily mean that we are limited. We act in the best interests of Canadians at all times.

The former government did not recognize the importance of labour harmony. That is one of the reasons why we, as a government, had to deal with labour legislation right from the get-go. That is exactly what our Prime Minister and our government did with the introduction of Bill C-4. First reading was back in January and the bill was brought forward for second reading in February.

What was the Conservative Party's official response? The Government of Canada said that Bill C-4 was a priority piece of legislation and that we should debate it. Back then, the Conservatives did not think twice. They brought forward an amendment to the legislation. The amendment read:

That the motion be amended by deleting all the words after the word “that” and substituting the following therefor: “this House decline to give second reading to Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, because the bill violates a fundamental principle of democracy by abolishing the provision whereby the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority”.

Right away, the Conservative Party attempted to reject Bill C-4. It did that because it prefers those private members' bills, no matter who was offended by them. I am very proud that the government continued to push forward boldly with the legislation, understandably so, and we saw it go to committee.

When we deal with bills like C-525, C-377, and C-4, they go to committee and we get all sorts of different types of presentations on them. However, in this case, both labour and management argued that the approach established by Bill C-525 and Bill C-377 set a dangerous precedent for labour relations and law reform, wherein the tripartite consultation process—referring to employer, union, and government—had traditionally been considered as essential by the stakeholder to maintaining a workable labour-management balance.

We saw both sides make that claim. Many members in the Liberal caucus have raised that issue. I listened to my colleague from Atlantic Canada, when he was the critic for labour, stand up many times and articulate how important that balance was and how we had to respect the importance of the stakeholders. That was one of the fundamental flaws with the private members' bills that were being advanced at the time, which we are repealing through this legislation.

We have an hour of private members' business every day, almost without exception. There was substantive labour legislation. When changes are made to labour legislation, there is an obligation to take those stakeholders, the labour and management sides, and bring them to the table and sit down with them to get a good understanding of where consensus could actually be built. That allows the government to be involved in this well-established process that has proven to be fairly effective in Canada. Other jurisdictions look to Canada to see how we are able to provide balance between labour and management, and the different stakeholders.

That is something that is so critical, yet both of those private members' bills did not go through that process. In fact, if we had applied the same rules of procedure to Bill C-4 as we did to the two private members' bills, then we would not be debating the bill right now. The bill would have been limited in terms of the amount of time allowed for debate.

Members know full well that a private member's bill is treated quite differently than a government initiative or government legislation. There is more debate time for government bills. There is a different process, whether it is the lead-up, the making of the legislation, ensuring that there is that consultation and that the consensus is built between and labour management, all the way to the second reading, third reading, report stage, and so forth.

There are time limits that are instituted in our rules to deal with private members' bills. That is why many thought it was intentional on the part of the Harper government to have private members bring legislation in through the back door. We have made reference to that in the past. Many on the other side get very upset or are offended when we talk about that backdoor approach, but they need to recognize that there is a difference in the process. That offended both labour and management stakeholders. At the time, the Harper government completely ignored that.

Now we are going through the process. What was Bill C-525? It was the Employees' Voting Rights Act. It was introduced in the House of Commons as a private member's bill on June 5, 2013, by the Conservative member for Red Deer—Lacombe. The bill received royal assent on December 16, 2014, and ultimately came into force on June 16, 2015. It suggested that the card check certification model, which we believe is quicker, more efficient, and more likely to be free of employer interference, was something the Conservative Party adamantly disagreed with. It articulated that it needed to be gotten rid of.

However, it did not go through the process. The private member, heavily supported by the government, brought forward that piece of legislation and it offended a great number of people, not only union personnel.

Then Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), was introduced in the House of Commons on December 5, 2011, again by a Conservative member. The bill ultimately did pass on December 12, 2012. On June 26, 2013, amendments were made to the bill in the Senate and it was referred back to the House of Commons for review; however, the bill was restored back to its original version. Keep in mind, that was a majority Conservative Senate. Even the Senate recognized the imbalances being caused by this piece of legislation, but the Harper government used its majority to kick it back. Ultimately it was accepted and then put into force after royal assent in June 2015 and took effect in December 2015.

It is no wonder we have made this a high priority for this government. We heard some criticisms at the time about Bill C-377. That it could upset the existing labour relations balance between unions and employers was a comment we heard continuously, whether it was through debates or at the committee stage. That union financial disclosure was already addressed in the Canada Labour Code and in many provincial labour statutes was also something that was raised on many occasions, as well as why the Conservative government was singling out unions. What was the driving factor behind the Conservatives doing that?

It must be pointed out that the bill is discriminatory against unions and ignores other types of organizations such as professional associations, which also receive favourable treatment under taxation law. The bill would invade the privacy of labour organizations and their members.

It is interesting to note that the Alberta Union of Provincial Employees launched a constitutional challenge to Bill C-377. I understand that challenge is now in abeyance until we see what takes place with Bill C-4. There were a great many concerns dealing with privacy. Even the Canadian Bar Association and the Office of the Privacy Commissioner provided comments to that effect. The CBA suggested that the bill may be subject to legal challenges on those grounds alone.

It is amazing the number of provinces that voiced opposition to Bill C-377. A majority of the provinces also criticized the bill for potentially crossing over and destabilizing the labour relations environment. This is where I started my discussion. When we talk about Bill C-4, it is all about righting a wrong. It is restoring a sense of fairness and balance to our labour laws and that is of the utmost importance.

The Conservative government lost touch with Canadians on labour issues, as it lost touch on many different issues with Canadians. Bill C-4 is a good bill and should be supported by all members because it brings back and restores balance to labour relations.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 1:05 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, one of the components in Bill C-4 in repealing Bill C-377 and Bill C-525 is that union financial disclosure is already addressed in Canada's labour code and many provincial labour statutes. Therefore, many of the provisions contained in Bill C-525 and Bill C-377 were actually unnecessary. Also, the bill targeted only unions and not professional organizations.

With regard to the construction industry, there is a very healthy collective bargaining process that takes place in Ontario between the construction unions and their counterparties, and it has allowed the province to grow and prosper.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 1:05 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, Bill C-4 seeks to address two real issues that were brought in by the previous government on Bills C-377 and C-525, which tilted the balance that was in place away from unions. That is the first step we have adopted to address within our labour relations area.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 12:55 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I wish everyone a good afternoon and a happy Friday.

I am very proud and fortunate to stand here at third reading to support our government in moving forward this important piece of legislation, Bill C-4, which would repeal Bills C-377 and C-525.

I spoke to this bill earlier, but I wanted to share my thoughts on Bill C-4 again, because I believe strongly in working to create a prosperous Canada, one in which the middle class and those looking to join it can grow and succeed. It was something I campaigned on last year and was a key plank in our government's election platform.

The two bills Bill C-4 seeks to repeal undermine labour unions and labour relations in our country, and in so doing, weaken our middle class.

Our government has an unwavering commitment to the middle class through initiatives like the Canada child benefit, which now sees nine out of ten Canadian families receiving higher monthly and tax-free benefits of approximately $2,300 a year; our middle-class tax cut, which reduced taxes for over nine million Canadians and will provide, over the next five years, approximately $20 billion in tax relief for Canadians; and recently, an historic agreement the Minister of Finance reached collaboratively with his provincial colleagues to expand and strengthen the Canada pension plan.

Our government is working to strengthen Canada's economy and to ensure that all Canadians have the opportunity to succeed.

When I last spoke to Bill C-4, I talked about the importance of the bill in restoring a clear and balanced approach to labour relations in Canada. I also talked about the fact that both my parents were union members. It was through the labour movement and its fight for fair wages and benefits that our family prospered in Canada. Frankly, it is one of the reasons I have the privilege to stand and speak in this House today.

I would like to focus my comments today on my personal connection to labour unions and their importance in helping create and sustain a strong middle class. However, before I do, I should probably provide some context and briefly explain the two bills that are to be repealed.

Bill C-377, which received royal assent in June 2015 and came into force at the end of 2015, created unnecessary red tape for unions and put workers at a disadvantage during the collective bargaining process. Bill C-525, which came into force on June 16, 2016, made it more difficult for employees to unionize and easier for a bargaining agent to be decertified.

Both bills diminish and weaken Canada's labour movement, are counterproductive to a positive working relationship between employees and employers, and negatively impact the growth and prosperity of Canada's middle class.

The two bills Bill C-4 seeks to repeal were ideologically driven, not fact, and were aimed at undermining the effectiveness of labour unions across Canada from coast to coast to coast.

One bill, Bill C-377, places onerous and unfair reporting obligations solely on labour and not on any other organizations, be it professional or otherwise. The other bill, Bill C-525, changes the way unions are certified and decertified, making it harder for workers to organize.

There was no compelling need to make it harder on the labour movement and no sound economic argument for the Conservative changes to the Labour Code. In fact, it was quite the opposite.

Given the essential role unions play in fostering and maintaining a prosperous middle class and in protecting the rights of workers, needlessly upsetting the labour market relations system that has contributed significantly to the overall Canadian economy makes little economic sense.

I said that I would be focusing my comments on a personal connection to the labour movement. Those members who know me know that I am an economist and a former corporate and government debt analyst who worked on Wall Street and Bay Street for nearly 25 years. People might ask themselves why I would be such a strong proponent of Bill C-4. It is because professionally and personally I recognize the importance of balance in Canada's labour system not only in allowing workers to make free and informed decisions but in giving employers a degree of certainty and access to a skilled workforce.

If we want to see an example of the labour system working in balance, we can look no further than the recent negotiations between General Motors and Unifor. Through a transparent collective bargaining process, both sides have come to a tentative agreement that seeks to achieve the best interests of both parties: business and labour.

I will quote Jerry Dias, Unifor's national president, who stated:

“This framework puts into motion what will be a historic agreement to secure a future for our members, for our communities and for the auto industry in Canada,” said Unifor National President Jerry Dias, who led the negotiations.

We must always ensure that labour and business can bargain in an open and balanced process. The bills that are repealed in Bill C-4 tilted that balance and it was wrong.

In my constituency of Vaughan—Woodbridge, I see how a fair and balanced labour system allows LiUNA and the carpenters' union to work with their partners, helping to ensure the availability of an educated and skilled labour force. That collaboration has played a large role in the phenomenal growth in enterprises in the city I call home, Vaughan, throughout the GTA, and, frankly, all of Canada.

Over the summer, I attended a LiUNA industry awareness event at its training facility in my riding of Vaughan—Woodbridge, where I saw first hand the training programs that LiUNA offers its members. LiUNA and its partners continue to train successive generations of workers who make Ontario a strong province and a beautiful place to call home. We must remember that unions like LiUNA continue to advocate for better health and safety conditions and strengthen pensions, which allow for a strong, prosperous, and growing middle class.

On a personal level, I also appreciate the importance of unions and a fair and balanced labour relations system. I was raised on the northwest coast of Canada in Prince Rupert, British Columbia, one of three boys, and both of my parents were union members. My father was a tradesperson, a carpenter and sheet metal worker. My mother, who, like my father, immigrated from Italy, worked in a fish processing plant. My parents came to Canada to build a better life and they brought with them the only asset they had: a work ethic and desire to build better lives for their family. With their union jobs, with benefits, good wages, and a safe environment, their aspirations for their family came true.

My parents instilled in me a very strong work ethic. Certainly those who know me, know I have carried that ethic with me proudly my entire life. They also instilled in me a very real understanding of the importance of unions and what decent wages and benefits meant to families.

In high school and while studying at university, I was a union member, working at the fish cannery, the Prince Rupert grain elevators and a pulp mill during the summers to help pay for my education. The work was not easy and the pay was not exorbitant, but it was a fair and decent wage. Because of the rules and oversight that unions helped to bring about, dangerous work environments were made safer.

Unions and their members are one of the backbones of the middle class in Canada. Union jobs enabled my immigrant parents to join the middle class. They allowed me the opportunity to pursue a higher education and, ultimately, with much happiness and privilege, it led me here to stand before the House of Commons.

I want to reiterate my full support for Bill C-4, our government's efforts to restore a fair and balanced labour relations system, and reaffirm my commitment to working toward creating and maintaining a prosperous Canada, one in which the middle class and those looking to join it can grow and succeed.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 12:40 p.m.


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Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

Madam Speaker, it is a pleasure to stand today to talk about Bill C-4.

Its purpose, of course, is to repeal the provisions enacted by Bill C-377 and Bill C-525. In other words, Bill C-4 aims to restore fairness and balance to labour relations. Throughout this process, there are some who worried about transparency. In fact, they claim that Bill C-4 attacks the transparency to which our government has committed itself. Nothing could be further from the truth.

All in this House know that our government is a champion for transparency. We are a government that is transparent, honest, and accountable to Canadians. We adhere to the most stringent ethical standards.

If we are talking about transparency, it is because this issue is of particular concern with regard to Bill C-377. Some think that the legislation was necessary to improve the financial transparency of unions. They say that it was required to guarantee public access to information on union expenses.

However, our government strongly believes that they are mistaken. Rather than improving transparency, Bill C-377 created additional privacy issues. Bill C-377 was pushed through Parliament by the previous government despite loud opposition from many different groups, including Conservative and Liberal senators, constitutional experts, and certain organizations, such as the Canadian Bar Association.

The previous government refused to listen to anyone, which is precisely why they are the previous government. We do things differently. We listen, and our efforts to improve labour relations in Canada were applauded by key stakeholders. The Public Service Alliance of Canada was pleased that our government tabled legislation to repeal Bill C-377 and Bill C-525, which this union believed was designed to weaken unions, was unconstitutional, and was a violation of privacy rights.

Canada's Privacy Commissioner Daniel Therrien has expressed concerns with Bill C-377. In his view, publicly listing specific individuals' political and lobbying activities, as well as education, training, and conference activities, in accordance with Bill C-377 is overreaching.

Recently, he appeared before the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, also known as HUMA.

I will take this opportunity to advise the House that I am splitting my time with the hon. and learned member for Vaughan—Woodbridge.

If I may quote Monsieur Therrien from that committee, he said:

My role is to advise parliamentarians on the consequences that legislative measures can have on privacy. I do not have an opinion on the activities of labour organizations, specifically, but, like my predecessor, I have maintained all along that the provisions contained in Bill C-377 and its previous incarnations, went too far by imposing a public disclosure requirement. They were unreasonable and infringed on privacy rights.

Mr. Therrien continued as follows:

....transparency is not an end unto itself; it cannot be an absolute objective to the exclusion of other considerations....Transparency efforts must be carefully balanced with the need to protect the personal information of individuals.

I could not agree more.

Protecting personal information is something that Bill C-377 simply does not do.

To provide my hon. colleagues with more context, this legislation amended the Income Tax Act to require unions to provide the Minister of National Revenue with detailed information on their finances. More specifically, Bill C-377 forces labour organizations and labour trusts, including those under provincial jurisdiction, to provide information returns. These returns would then be made publicly available on the Canada Revenue Agency's website.

Bill C-377 requires this information to include financial statements stating the total of all transactions, including certain transactions over $5,000 listed separately. These could include statements on their assets, debts, and expenses, and the salaries of certain individuals.

As if this were not enough, unions must also provide details on the time spent by certain individuals on political and lobbying activities and activities not related to labour relations. Worse still is that failure to comply with reporting requirements is considered an offence subject to a fine of $1,000 for each day of non-compliance, up to $25,000 per year.

Let me state clearly that Bill C-377 does nothing to add to the transparency of a union's affairs, and the former government knows this well.

To begin with, were this legislation to remain in place, employers would have access to a union's financial information, but the opposite would not be the case. In the collective bargaining process, unions would clearly be put at a disadvantage. For example, in the case of a work stoppage, an employer would know exactly how much money the union had in its strike fund, so it would know how long the union could hold out in the event of a strike. All the employer would have to do is wait until the strike fund was exhausted. That is unfair, unbalanced, and unreasonable. The union would be completely stripped of one of its key bargaining levers.

In addition, the strict disclosure requirements apply only to labour organizations and labour trusts and do not affect other groups that also receive beneficial tax treatment under the Income Tax Act.

This practice discriminates against unions and upsets the balance of labour relations across this country.

Lastly, provisions are already in place requiring unions to fulfill their financial reporting responsibilities. For example, section 110 of the Canada Labour Code requires unions and employer organizations to provide financial statements to their members upon request and free of charge. There are similar provisions in most provincial labour relations legislation. Bill C-377 does nothing to add to this regulatory regime.

The reality is that the vast majority of unions already make their financial statements available to their members. These documents generally contain aggregated financial information and seem to meet the intended objective without it being necessary to name specific names. In other words, it protects privacy. Instead of promoting true transparency, Bill C-377 infringes on the right to privacy.

We should not force unions to provide detailed information on their finances. That is why steps have already been taken by the Minister of National Revenue to remove these obligations. As a result, during the repeal process, unions and other stakeholders affected by the bill are not required to submit detailed tracking of their activities for fiscal year 2016.

Balance is key. We need to be transparent, but we also need to respect privacy. Balance needs to be restored in relations between employees and employers. To that end, I urge all members of this House to support Bill C-4.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 12:40 p.m.


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Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

Madam Speaker, I thank the member for her contribution today. We understand that she comes from a perspective based on experience, and it is great to hear her point of view.

I have a very quick question. In her opinion, which bill put the labour movement back further, Bill C-377 or Bill C-525?

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 12:35 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, I want to thank my hon. colleague for his comments, and for his offer to allow me to comment on Bill C-377 and Bill C-525 with the lens that they were simply mean-spirited, anti-union legislation that did nothing on a number of levels.

First let me talk about Bill C-377. My comment there is that the previous government would continually say “democracy, transparency, accountability”, and it would repeat that. Conservatives were trying to insinuate that somehow there is no democracy, no accountability, no transparency within the union movement and those associations. That is simply not true. If anyone has been part of a union or an association, they will understand the requirements that are needed to be shared with members and to file a report. It was an onerous reporting that added a lot of work and expense both on employers, as the member heard in my comments, and on the unions.

I have a quick comment around Bill C-525, which was a solution to a problem that did not exist. We heard that over and over at committee. We heard it from employers. We heard it from unions. It became very clear when we heard it from the experts, both from a previous chair of a commission that reviewed the Canada Labour Code, as well as from professors and experts within labour relations. It was simply there to make it harder to unionize and easier to decertify, and that certainly was the MO of the previous government.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 12:15 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, I am very pleased to rise today in support of Bill C-4.

I would like to take this opportunity to congratulate the minister as well as the government on following through with one of their election promises.

New Democrats vigorously opposed the former Conservative government's attempt to restrict the rights of unions, and to change the rules governing labour relations under the guise of increased transparency. These bills were designed to weaken unions by forcing redundant and unreasonable financial reporting requirements on them and by making it more difficult for Canadians in federally regulated workplaces to join unions.

Allow me to recap the two bills that Bill C-4 would repeal.

Bill C-377 was an unnecessary and discriminatory law designed to impose onerous and absurdly detailed reporting requirements on unions. It was pushed through Parliament by the Conservatives despite widespread opposition from many groups, including constitutional and privacy experts, the provinces, Conservative and Liberal senators, Canada's Privacy Commissioner, the Canadian Bar Association, the NHL Players' Association, and the insurance and mutual fund industry, among others.

Bill C-525 was a private member's bill supported by the Conservatives. It was designed to make it harder for workers to unionize and easier for unions to be decertified. The labour law changes were made without any evidence of a problem with the previous system of union certification.

It is my hope that the bill before us will receive swift passage so that the restrictions and the risks brought by Bill C-377 and Bill C-525 will cease to exist.

I had the privilege of hearing from many stakeholders during the committee hearings, both unions and employers, on the bill, and I am pleased to have opportunity today to quote at length some of the testimony we heard last spring. Much of which we heard at the committee from expert witnesses describes the problems with these two pieces of legislation in a knowledgeable and straightforward way, and in plain language that makes it really easy to see why these bills should be repealed.

Tony Fanelli, representing the construction and contract maintenance industry employers, explained why he opposed these onerous disclosure and reporting requirements of Bill C-377. He said:

If all trust funds, all training funds, and virtually every fund that would be connected to a union are subject to public exposure, our competition would clearly understand over time how those monies go into training and how we do business. In the construction industry, training and development is a key component to the success of projects we build [and bid on]. The staff either make or break an employer. We saw this legislation would open the door for the non-union to come in, just as I mentioned.

On top of that are the reporting requirements, the reporting responsibilities, that would come out of this. When we did some of the preliminary audits on the cost of doing this, it was just prohibitive.

And these are a group of large employers.

He continued:

It would happen not only with employers like us, the people I represent, the bigger employers in Canada, but across every employer association in every jurisdiction in this country. That's the reason we're opposed.

Mr. Fanelli also said:

If the Construction Labour Relations association of Alberta or the Industrial Contractors Association of Canada are held to be a labour trust and have to make the reports and returns required by Bill C-377, then both our confidentiality and our bargaining strategies are laid open.

This cannot be good for labour relations or good for either party in the labour relations continuum. I've been a labour relations practitioner in Canada for nearly 40 years. During that time there have never been any issues arising in respect of this subject. If this hasn't been an issue in the past, what is going to be gained by such significant public disclosure?

He went on to say:

We are also responsible for the privacy of our employees, and the legislation compels us to decide which law we breach: the Income Tax Act or the various provincial and federal privacy laws...it might be different if there were some wrong or right in this area, but there simply isn't. The unionized contractors in Canada see no obvious value in any part of Bill C-377, and therefore support the repeal of that legislation under the bill being considered today....

The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities also had the opportunity to hear from some eminent labour relations experts and practitioners. Andrew Sims was the vice-chair of the 1996 task force to review the Canada Labour Code. He gave an enlightening presentation and had this to say about both bills, Bill C-377 and Bill C-525:

It's a fairly strong expression of views, but it is not simply my personal experience. It is founded on the last 30-year—and I think the most significant 30 years—review of the Canada code, and the people whose laws will be affected.

In my view, the two bills that are repealed by Bill C-4...both had the air of one side seeking political intervention for more ideological, economic, or relationship reasons, and they have corroded the view that legislative reform at the federal sector is based on the tripartite model.

To the oft cited but erroneous comparison of a secret ballot forum to form a union to an individual's vote during a democratic election, here is what another expert witness, Sara Slinn, associate professor at Osgoode Hall Law School at York University, had to say about Bill C-525:

...there is a faulty political election analogy at work here. Mandatory vote supporters commonly rely on a political election analogy founded on the view that certification votes are analogous to political campaigns and elections. The attraction of this argument is understandable, appealing as it does to ideas of free speech and informed choice and workplace democracy, but it's a false analogy.

The nature of union representation is not analogous to government power or political representation, and as a result, the nature of decision-making in a union vote is not analogous to that in a political election. First, the nature of the decision is [totally] different. Certification doesn't transform the employment relationship. It simply introduces the union as the employee's agent for the limited purpose of bargaining and administering any collective agreement that the union may be able to negotiate. The employer's overriding economic authority over employees continues in any event.

Secondly, there is no non-representation outcome possible in the political context. In political elections citizens vote between two or more possible representatives. There is no option to be unrepresented, so...if union representation elections were to be analogous to political elections, then it would be a vote among different collective employer representatives with no option for non-representation. That's simply not the system that we have anywhere in Canada.

Professor Slinn also addressed the issue of card check versus secret ballot votes for union certification. She stated:

...in terms of cards being a reliable measure of employee support, it's often contended that votes more accurately indicate employees' desire for union representation than cards, suggesting that card-based certification fosters union misconduct to compel employees to sign cards. Although this is possible, there is no evidence, either in academic studies or in the case law from jurisdictions that use this procedure, that it is a significant or a widespread problem. Anecdote isn't evidence, and certainly it shouldn't be a compelling basis for legislative change in the face of a lot of academic research finding that mandatory vote systems have negative effects on labour relations and that employer interference in certification is indeed a significant and widespread problem.

Another effect of Bill C-525 is the increased difficulty that employees would face when trying to form a union. Despite the Conservatives' denial, it is clear that mandatory voting procedures, as set out in Bill C-525, would allow more opportunity for employers to influence the outcomes of certification drives. I will quote Professor Slinn again, as follows:

In every case, in a vote-based procedure, the employer is notified by the labour board that a certification application has been made.... In most jurisdictions in Canada, in all but two, there is a deadline for that vote. It's between five and 10 working days. Under the Canada Labour Code, there is no deadline for that vote.

This provides ample time for employers to engage in anti-union campaigns.

She goes on to say:

...there's quite a bit of research on delay in the vote process. Representation votes, by requiring a vote in addition to submitting evidence, necessarily result in a longer certification procedure. It has been found that it significantly reduces the likelihood of certification where there's either no time limit—as is currently the case under the Canada Labour Code and other federal legislation....

These studies concluded that a combination of enforced statutory time limits and expedited hearings for unfair labour practices was necessary to satisfactorily offset these negative effects. Neither of these are currently available.

Professor Slinn noted that this delay would be a real concern under the current provisions and that passing Bill C-4 would help in part to address the issue.

In terms of employer interference, Professor Slinn noted that the vote-based procedure gives employers a substantial opportunity to seek to defeat the organizing attempt. There are numerous studies showing this is not only widespread but effective. A large percentage of managers surveyed in some of these studies admit to engaging in what they believe to be illegal, unfair labour practices to avoid union representation.

Survey evidence has also found in Canada that non-union employees expect employer retaliation and expect anti-union conduct by employers. Research at UBC has found that Canadian employers are no less anti-union in their attitudes toward unions than U.S. managers.

Professor Slinn found that Bill C-4 amendments reversing the Bill C-525 and Bill C-377 changes, particularly to the representation procedures, are a change that better protects employees' decision-making about collective representation.

Some of the aforementioned concerns about Bill C-525 were also echoed by Hassan Yussuff from the Canadian Labour Congress. He said:

If the board is uncertain about whether or not there is support for a union, the board itself can order a vote. Of course, on many occasions when there has been a vote, the board has found that employers have truly interfered with the workers' ability to choose the union....

Why would an employer care if the workers want to join the union? If it's their free democratic and constitutional right in this country, why would employers want to interfere in it other than the fact that if you do have a vote, it gives the employer time to use all kinds of tactics during the time the vote has been ordered? I could list some of the companies that clearly said they were going to close the facility, or cut people's salaries, or lay people off. Of course, ultimately it changed the workers' ability to truly exercise their free choice.

It was abundantly clear from the testimony of respected individuals and experts that Bill C-4 is a good first step. However, we are disappointed that some of the major actions were missing from the bill. The government has intimated that it plans to move forward with labour policy reform, which would include hearing from unions, employers, all other levels of government, and Canadians. While this is encouraging, it begs the question, why not immediately repeal the egregious labour law changes found in the previous government's omnibus Bill C-4? Why review bad legislation that is contentious and unconstitutional?

The previous government's omnibus Bill C-4 also decimated health and safety protections for public service workers. When will the government commit to restoring these important safeguards for the people who deliver our essential public services?

As negotiations with the public sector unions resume this fall, public service workers are looking for the respect they were promised during the election, and they are hoping that this government will make good on its promise to restore fair collective bargaining for the public service.

As part of the promised labour policy reform, will the government bring in legislation to update and modernize the Canada Labour Code? As we know, sections of the code that deal with workplace harassment, hours of work, overtime pay, and vacation entitlements are about 60 years out of date. It is time we modernized the code to reflect the reality of today's labour market.

The most recent review of the Canada Labour Code last happened in 2006, with the final report making several recommendations to help an increasing number of part-time and contractual employees.

In May 2015, a briefing note to the former minister of labour said that the rise in part-time, temporary, and self-employed workers along with the demand for knowledge-based jobs has changed the nature of work and the workplace. Will the government work with unions in ensuring that part-time, temporary, and self-employed workers have the right to the same workplace and labour protections as other Canadian workers?

Given the rise in precarious and involuntary part-time employment, Canadian workers are faced with a host of added challenges such as eligibility for EI benefits. It often results in a diminished ability to save. The erratic hours create challenges in pursuing an education, arranging child care, and qualifying for a mortgage. All these are contributing factors to the greater income inequality, and if the government is truly sincere about helping the middle class, then it must immediately address these issues.

I am sure my esteemed colleagues will agree that in every corner of this great country there is still much we can do to bring a better standard of living to Canadians. As the economy continues to struggle and the cost of living rises steadily while wages stagnate, Canadians are looking to the government to make life more affordable. Affordable child care, pay equity, decent accessible housing, and a living wage are all measures that would really help Canadians from all walks of life.

Will the government commit to reinstating a fair minimum wage for workers in the federally regulated sectors? Some provinces and municipalities are already acknowledging that a living wage will make a huge difference in making life more affordable. Will our government step up and lead the way?

Another sad fact is that a disproportionate number of workers who are affected are women and young people. We cannot afford not to act. It is way past time for the federal government to bring in stand-alone pay equity legislation. We have studied this issue and consulted, and the evidence is clear and undeniable. Two committee reports have called for action, yet we continue to wait.

Through a combination of policy and propaganda, the previous government started to dismantle the system of protections that were put in place by decades of advocacy by labour organizations, community groups, and unions. Their right-wing agenda has generated policies that hurt the environment, social services, and all workers especially persons of colour, indigenous peoples and communities, women, the poor, and other marginalized groups.

Now that we have a new government in place, one that has promised equality for women, fairness for indigenous people, and sunny ways for all, I do look forward to seeing the current government work closely with all members in the House as well as with unions and civil society to bring about better jobs and a more secure future for all Canadians.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 10:50 a.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I was here during the previous Parliament and I was very involved in the debates on Bill C-377 and Bill C-525. I have a great deal of respect for my colleague from Louis-Saint-Laurent, but his speech was extremely simplistic. All throughout his speech, he talked about secret ballot voting, but the scope of Bill C-377 and Bill C-525 went much further. These bills were clearly an attack on unions in general.

My colleague failed to mention two specific points. The first has to do with the fact that unions had to disclose all expenditures over $5,000. Never mind the red tape and possible delays in the labour process, this would have also created a clear imbalance. Of course, management would be aware of the amount of a union's strike funds, for instance. Even that was unfair to the unions.

The second, which is even more interesting, has to do with the vote my colleague was talking about when he said it was totally anti-democratic. Under the bill that was passed and that will be repealed, union certification or decertification required the consent of 50% of the members plus one, including abstentions, which is absolutely anti-democratic.

Can my colleague comment on the anti-democratic nature of these two points?

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 10:30 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, it is always a pleasure to rise in the House to speak, but I would rather not have to do so on the subject of Bill C-4. Today is not a good day for Canadian democracy.

This is the final stage of debate on Bill C-4, a bill that takes aim at union democracy, the transparency that must be present in certain unions, and the accountability that is so vital not only within unions, but everywhere. People are becoming increasingly aware, particularly this week, that the government is in no position to lecture anyone on accountability.

Bill C-4 seeks to literally kill two bills that passed during the previous Parliament, two private bills that we, the Conservative Party, fully respected. We fully respect private bills, because we believe that all members of the House are equal, and all bills introduced here are equal. There is no such thing as front-door bills and backdoor bills. Every bill is voted on by members who all enter through the front door. Why? Because we are all accountable to our constituents. Regardless of whether a member is a government member, a cabinet minister, an opposition member, or an independent member, we are all members of the House of Commons. We all have the same authority to introduce bills. Shame on this government for referring to private bills as backdoor bills.

I want to repeat what I said earlier. I offered the minister the opportunity, the possibility, the chance, and the privilege to recognize that she has made a mistake. Everyone makes mistakes. Referring to the private bills we passed during the previous Parliament as backdoor bills is insulting to the House of Commons, and it is insulting to the 338 people duly elected by Canadians, our constituents.

I did not want to have to say this, but unfortunately I have to repeat that when a private member's bills is introduced, it is a front-door bill, not a backdoor bill. If we apply the Liberals' logic to the bill that was passed a few weeks ago, the one introduced by the Hon. Mauril Bélanger on the national anthem, are the Liberals prepared to say that that was a backdoor bill?

Are the Liberals ready to say that Mauril Bélanger's bill was a backdoor bill, yes or no? If they are ready to say that, they can rise up and say it.

It is impossible. We cannot say that a bill tabled by a minister or by an opposition member, or any member, is a two-tier bill. We are all members.

Bill C-4 seeks to kill Bill C-377 on accountability, and Bill C-525 on transparency. Let us look at them one at a time.

In our opinion, one of the fundamental principles in any organization is democracy. We want people who operate in a democracy to be accountable to their constituents, and also to earn that mandate. That is why when it comes to forming a union, we think all potential employees should have the opportunity to express themselves freely by secret ballot.

We were elected here, to the House of Commons, by secret ballot. Did we go to people's homes asking them to vote for us and sign a document? Of course not because we respect the voters' secret ballot.

However, this government prefers to uphold the old union ways, which require people to sign an application for union certification. We think that people would be more comfortable forming a union by secret ballot. For that matter, we think that would put the unions on a stronger footing.

A union formed by secret ballot proves that a majority of the workers really want it and that no one was subjected to undue pressure, whether from people wanting to unionize or from the company's executives who do not want the union.

We often think that unions are the only ones putting pressure on the workers by telling them they have to sign a certification application, but the opposite is true as well.

A business owner could go see new employees and tell them that they just got hired and that it would not be a good idea to sign. That would make employees think twice about doing so. However, allowing employees to vote by secret ballot on forming a union would respect the fundamental principle of democracy. That is why Bill C-4 is no good. It seeks to do away with this notion of democracy.

Let us also remember that union democracy is based on Canada's fundamental principles, and the best way to establish that democracy is to ensure accountability. On that note, I would like to mention another bill that will be killed by Bill C-4, and that is Bill C-525.

Bill C-525 sought to increase transparency and accountability. We believe that, when a union receives nearly $500 million in tax refunds, it needs to be accountable. That is not just peanuts. It is half a billion dollars. That is a lot of taxpayer money that is being given out in the form of tax refunds. That is why we believe that the salaries of executives, the way they manage their money, and the choices they make when it comes time to support political parties must be made public. However, Bill C-4 seeks to eliminate the transparency that we Conservatives think is critical.

My NDP colleague was saying that she organized and presided over a postal workers' union where all financial information was made available, but only to members. If that information is available to members, why not make it available to all Canadians, who contribute to unions through tax refunds? If that information is so public, why not make it really public? What do they have to hide? Making the information public would not bother anyone who did not have anything to hide. Why then are some members opposed to accountability and transparency?

That is why I am saying that Bill C-4 is a bad bill and that this is a bad day for democracy, because this legislation undermines the fundamental principles of democracy, accountability, and transparency.

When it comes to accountability, this government has a long way to go, and that is putting it mildly. Day after day, we discover situations that embarrass the government. It is not a good sign when the Minister of Health uses a limousine service and gives out contracts to a Liberal friend but only apologizes and promises to repay the bill after she is caught.

Over the past few days we have learned that the Prime Minister's advisors expensed $200,000 in moving costs. At first, the Liberals said that this is no big deal. Then, they said these expenses would be repaid. That is definitely proof that the Liberals are not very proud of their record on accountability. However, accountability is vital.

MPs file a quarterly expense report, which includes travel expenses. It is very public. Woe to anyone with an ineligible expense, because they will be taken to task very quickly. Clearly, these are fundamental principles that we all support. However, when the time comes to make unions accountable, the Liberals, and I assume the NDP as well, do not want to have anything to do with it. That is unfortunate. Democracy, accountability, and transparency are fundamental principles in this place, and they must also apply to labour organizations.

The truth, as everyone knows, is that the Liberals wanted to thank the big union bosses who helped them out so handsomely during the election campaign. Let us not forget that PSAC was prepared to spend $5 million in August alone to attack the former government before the writ was even dropped. The former prime minister had to call the election in August so that unions spending massive amounts of money to attack a political party—spending that was not approved by all union members—would not completely destabilize our democracy.

That is why we had the longest election campaign in history. Unions wanted to spend millions attacking one party without even getting their members' approval.

I know what I am talking about. In my Quebec City riding, which many federal and provincial employees call home, I met a woman who told me that she actively opposed her union's choice, that she strongly condemned it, and that she was not even given the right to vote on whether the union should spend the money. That is what has been happening. The unions spent millions helping the Liberal Party rise to power, so the party is thanking its union friends by introducing a bill that will destroy everything we did for democracy, accountability, and transparency.

Maybe the government could have paid more attention to what union members and even some union leaders are saying. Not everyone is comfortable with Bill C-4. In fact, some union leaders are very comfortable with the principles of transparency, democracy, and accountability. People have spoken out about this a number of times.

For example, PSAC's Robyn Benson said:

PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action, as examples.

That is not a Conservative or a right-wing group talking. That was Mr. Benson of the Public Service Alliance of Canada. I have other quotations, too.

Dick Heinen of the Christian Labour Association of Canada said:

We think that workers should have the right and be free to make their own choices when it comes to which union represents them or whether they want to be represented by a union at all.

Brendan Kooy, Christian Labour Association of Canada, said, “To be clear, CLAC would support a secret ballot vote where possible.”

Here is another quotation, this one from John Farrell, executive director of the Federally Regulated Employers, Transportation and Communications:

Members prefer a secret ballot vote to a card check system for the purpose of determining if a union is to become a certified bargaining agent for employees. A secret ballot vote is the essence of a true democratic choice and is entirely consistent with Canadian democratic principles.

I agree with him.

Also, Paul Moist, national president, Canadian Union of Public Employees, said, “Asking Canadians a question about voting — most Canadians, me included, would say voting is good.”

Chris Aylward, national executive vice-president and executive officer, Public Service Alliance of Canada, said that there was not issue with voting by secret ballot. He said:

But we're not sitting here saying that secret ballots are bad. As a matter of fact, in my submission I said that we have nothing against secret ballots. We use secret ballots at our own organization....So it's not that a secret ballot is now going to be imposed on employees and we're opposed to that. We're not.

It is hard to argue against a secret ballot vote as this is the basis of democracy.

Those are the foundations of democracy. Secret ballot voting is one of the foundations of democracy. Accountability is one of the foundations of democracy. Transparency in how union leaders spend union dues is one of the foundations of democracy. That is what we established, and that is what Bill C-4 seeks to destroy, specifically the foundations of democracy in the labour movement. That is troubling.

This is being done elsewhere. We did not invent anything new when we introduced this bill two or three years ago. On the contrary, we were inspired by what we saw being done elsewhere. Secret ballot voting exists in British Columbia, Alberta, Saskatchewan, Ontario, and Nova Scotia. Why can it be done at the provincial level, but not federally? Does that mean that the people of British Columbia, Alberta, Saskatchewan, Ontario, and Nova Scotia are against unions and against freedom of expression? Quite the contrary. If it can be done at the provincial level, why not at the federal level? So much for democracy.

The same goes when it comes to transparency and accountability. This exists in certain provinces, but also in certain countries such as the United States, the United Kingdom, Australia, Germany, and even France. If there is a country that leans more to the left than Canada, it is France. If there is a country that has been led by the left for years, it is France. If there is a country where unions are fully free to be active and have a very powerful presence in the economy and society, it is France. France has provisions to ensure transparency. Who are they to say that France would not be open to the unions when we know how powerful and strong the unions are in France? It is absolutely false.

I invite the government to look at what is being done in Canada and in the provinces, as well as what is happening in countries that are more to left than we are, where unions are more powerful than ours and have room for transparency, accountability, and democracy.

There have been court challenges, which is absolutely legitimate in our system. People brought challenges before the courts over certain legislation that was adopted by the provinces. Look at what was said in Saskatchewan by the court of appeal that ruled on whether changes like those the Conservatives made two or three years ago should or should not be made to the employment legislation of that province.

Let us look at the statement made by Justice Richards of the Court of Appeal of Saskatchewan, who says on page 38:

...a secret ballot regime does no more than ensure that employees are able to make the choices they see as being best for themselves.

He also says, “The secret ballot, after all, is a hallmark of modern democracy.”

This is not coming from a Conservative, but from a judge of the Saskatchewan Court of Appeal. We know that Saskatchewan is not a right-wing province. Was it not in Saskatchewan that Canada's major social movements were born? Was it not in Saskatchewan that T. C. Douglas founded the party that would later become the NDP? Saskatchewan, which is not recognized as being the most right-wing province in Canada on the basis of its history, has acknowledged through an appeal court judge that the secret ballot is a good thing.

To summarize, Bill C-4 is not a good bill. It seeks to kill two bills that were duly debated and passed by the former Parliament, two private bills, which, for the Conservatives, are not backdoor bills, as touted by the minister and other Liberal members in such a mean, petty, aggressive, and haughty manner.

In our opinion, all bills are equal, starting with the bill Introduced by the Hon. Mauril Bélanger on the national anthem. It is exactly the same thing. It is not a backdoor bill, but a bill that was duly introduced by a member, a bill that came in the front door, and not the back door.

Unfortunately, Bill C-4 will likely soon be passed, even though it undermines principles that are fundamental to Canada and so important to Canadians. It undermines the principles of democracy. People should be allowed to vote by secret ballot rather than be asked to sign a sheet of paper. We want to protect the secret ballot. That is how everyone here was elected.

Bill C-4 seeks to attack a bill that would increase the transparency and accountability of unions. The government is sending the wrong signal to unions and all organizations because when it is time for accountability, they all need to do their part, to be accountable.

The bills that we passed under our government improved democracy, accountability, and transparency, while Bill C-4 undermines those principles. That is why today is a sad day for Canadian democracy.

Canada Labour CodeGovernment Orders

September 23rd, 2016 / 10:20 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I will have the opportunity to make my case shortly, but for now, I want to pick up on something the minister said.

All we know is that Bill C-4 was tabled to kill two former bills that were adopted by the previous legislature, Bill C-377 and Bill C-525. The minister referred to those as “backdoor” bills. As far as I am concerned, every bill and every member is a front-door bill and a front-door member. There is no back door here.

I offer the hon. minister the opportunity to rise up and recognize that she has made a mistake. If she will not, would she rise up and recognize that the bill tabled a few weeks ago by the Hon. Mauril Bélanger concerning the national anthem was also a backdoor bill?