Bill C-58

An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012

This enactment amends the Canada Labour Code to, among other things,
(a) amend the scope of the prohibition relating to replacement workers by removing the requirement of demonstrating a purpose of undermining a trade union’s representational capacity, by adding persons whose services must not be used during legal strikes and lockouts and by providing certain exceptions;
(b) prohibit employers from using, during a legal strike or lockout intended to involve the cessation of work by all employees in a bargaining unit, the services of an employee in that unit, subject to certain exceptions;
(c) make the contravention by employers of either of those prohibitions an offence punishable by a fine of up to $100,000 per day;
(d) authorize the Governor in Council to make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with those prohibitions; and
(e) amend the maintenance of activities process in order to, among other things, encourage employers and trade unions to reach an earlier agreement respecting activities to be maintained in the event of a legal strike or lockout, encourage faster decision making by the Canada Industrial Relations Board when parties are unable to agree and reduce the need for the Minister of Labour to make referrals to the Board.

Canada Labour Code

[The Speaker, Liberal, Greg Fergus]

That sounds like debate. The hon. member will have an opportunity to ask a question, so I would ask him to get straight to the point of order.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, there is a question about quoting from Hansard in the record, and he quoted himself at length a few times. We know that the member is more concerned about the quantity than the quality of his words and—

[The Speaker, Liberal, Greg Fergus]

That does not sound like a point of order. Members are allowed to quote Hansard as they wish.

Questions and comments, the hon. member for Sarnia—Lambton.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, the Liberals have been saying that they are standing up for unions by banning replacement workers. If it is such a good idea, why are they not doing the same thing with their own federal public sector union employees?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is about regulating the industry. At the end of the day, I do not have a problem comparing labour negotiations to those of the federal government today. Over the last number of years, compared to Stephen Harper's time, we see there has been a great deal of collective bargaining and agreements signed off on. It is virtually night and day.

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, I want to take advantage of the presence in the House of the member for Sarnia—Lambton to draw a parallel between two bills that have required a lot of effort from several parties over the years in the House.

During this Parliament, the member for Sarnia—Lambton introduced a bill on protecting pension plans. The Bloc Québécois enthusiastically supported the bill. Our colleague very elegantly and gracefully acknowledged the work that had been done in the past by other members of Parliament, and this paved the way for a bill that was proudly supported by several parties and was adopted unanimously.

Something similar is happening with this bill to prohibit strikebreakers. The Bloc Québécois has introduced 11 bills over the years. The NDP has also introduced some. We in the House have a golden opportunity to once again demonstrate unity and respect for workers' rights, because allowing employers to hire scabs is an affront to the fundamental rights of workers in Quebec and Canada.

The question I would like to ask my colleague from Winnipeg North is this: Why was the government so set on including a provision in the bill that says the legislation does not come into force until a year and a half after it receives royal assent?

That does not make much sense to me. All it does is prolong an injustice that should have been remedied a long time ago. Rather than being subject to an 18-month delay, the bill should apply retroactively going back several years.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I am a bit reluctant to get into an area that is fairly detailed. As I suggested, when the legislation goes to committee, I am sure the member would be able to ask some of the specifics. If he feels it is too long a period, then there is always the possibility of moving an amendment. A lot of it has to do with the background work that has been done on it. For example, the member is not necessarily aware of the discussions and debate that would have taken place among labour and management groups that thought it was the best time frame to put it in. I do not know those types of details. The member might even want to consider approaching the minister directly about the issue.

[Lisa Marie Barron, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, the NDP has introduced anti-scab bills eight times in the last 15 years. The last time one was put forward for a vote, in 2016, the Liberals and Conservatives teamed up and voted against the NDP on the bill.

I am hearing from workers about the fact that they are very happy to hear that the Liberals have finally seen the light, and that they are understanding how the use of replacement workers has created tensions in the workplace and decreased the ability for workers to negotiate for fair working conditions. Workers are wondering whether the member can share with them why it took so long for the Liberals to see the light, and whether, moving forward, we will see the Liberals taking on more measures to protect workers.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I was being somewhat careful to make sure I did not turn this into a partisan issue, but the member has invited me to do so.

Let me remind the member that it was a Liberal government in B.C. that brought it in, a Liberal government in the province of Quebec that brought it in, and a Liberal commitment that was made in the last federal policy platform, on page 22. As for the NDP, I was in the Manitoba legislature when Howard Pawley, the NDP premier at the time, promised to bring in anti-scab legislation. He broke that promise and the NDP, over 20 years, has failed to bring in anti-scab legislation.

Just last week, my daughter, who happens to be a Liberal MLA, encouraged the NDP to bring it forward in a throne speech, which the current provincial government failed to do. However, I am optimistic that the new premier will in fact do what my daughter is suggesting and bring in anti-scab legislation at the provincial level.

By the way, the provincial jurisdiction impacts more workers than the federal legislation would, so I would hope that all provinces would do likewise and follow the national lead, along with B.C. and Quebec, and have anti-scab legislation.

The House resumed consideration of the motion that Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, be read the second time and referred to a committee.

[Kelly McCauley, Conservative, Edmonton West, AB]

Mr. Speaker, I trade barbs back and forth, in good nature, with the member for Winnipeg North all the time. I will point out to him, though, that in his speech he talked about how replacement workers were a cause of the 1919 strike. The Canadian Labour Congress website has no mention of replacement workers. What it does state is that a big cause of the strike was inflation.

I am wondering if the member could tell the House how much the Liberal-induced inflation right now is causing the need for the legislation he is promoting.

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

Mr. Speaker, I suspect that if the member were to peruse Hansard to see exactly what I said, I said “in good part” replacement workers were the reason for the 1919 strike, especially the conclusion of it. A number of factors led to it, and in good part, it was about employers and a sense of exploitation at a time when there was inflation.

The member tries to compare it to today. It is important that we put things into proper perspective in the sense that, around the world, Canada's inflation rate is doing quite well in comparison. Having said that, we are moving in the right direction. In June 2022, it was over 8%. Now we are getting closer to 3%. We are moving in the right direction and we will continue to have Canadians' backs.

The other thing I would emphasize, based on the question the member asked, is in regard to Canada's middle class. Canada's middle class has been supported, whether through this legislation or middle-class tax breaks from the very beginning. People in the middle class know that this government has their backs in all ways.

[Christine Normandin, Bloc, Saint-Jean, QC]

Mr. Speaker, I am pleased to be able to ask my colleague some questions instead of listening to him talk for another four minutes. I am just keeping our colleague's joke going.

I would like to hear my colleague's thoughts on the 18 months it is going to take before the bill comes into force after receiving royal assent. That is not the usual practice. Normally a bill comes into force upon receiving royal assent. Given that we have been waiting years for anti-scab legislation and there are people who are suffering because there is no such measure in the Canada Labour Code, I would like him to explain why we should wait 18 months. I see no justification for more delays.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I can appreciate the sensitivity of the question. I believe that once we get the bill into committee, there will be a more detailed, fulsome answer to that specific question. I suspect it has a lot to do with the making of the legislation and the people who were engaged in consultations. There may be some time-related issues.

I would encourage the member to go to the standing committee and put forward that question, or even approach the minister directly.

[Jenica Atwin, Liberal, Parliamentary Secretary to the Minister of Indigenous Services]

Mr. Speaker, when Labour Day comes every year, I am part of the millions of Canadians who really think about what it means and what the hard-fought labour rights represent. How can this legislation further protect the sacred right to strike in this nation?