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

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, first and foremost, I believe it is in recognition of the importance of the free collective bargaining system and the importance of the bargaining table.

At the end of the day, when we think of labour rights, ultimately labour harmony is good for all of us. One of the things I would like to emphasize, as this is my last answer, is for us to think of the social impact that labour has had here in Canada from coast to coast to coast, which has been tremendously positive.

[Gerald Soroka, Conservative, Yellowhead, AB]

Mr. Speaker, I will be sharing my time with the hon. member for Edmonton Manning.

I stand before the House today to discuss Bill C-58, a piece of legislation concerning the Canada Labour Code and the Canada Industrial Relations Board regulations. This bill, brought forth by the Minister of Labour and Seniors, is a clear product of the NDP-Liberal coalition's agenda. While it is important to look at the contents of the bill, it is also very much of equal importance to look at how the NDP-Liberal coalition is hurting workers they claim they are helping.

In this debate, we must be mindful of the delicate balance between protecting workers' rights and maintaining a healthy, competitive business environment. It is our duty to examine how this bill fits into the larger narrative of the current Liberal government's failed policies, which have wide-reaching effects on the Canadian workforce and the overall economic landscape. As representatives of the Canadian people, we have a responsibility to evaluate this legislation not just in isolation but within the context of its potential impact on our nation's prosperity and the well-being of its citizens.

In recent years, we have witnessed an escalating trend in labour disputes across Canada, with a staggering total of 269 major work stoppages. They include both lockouts and strikes in just the past two years. This disturbing rise in labour unrest is a direct consequence of the current Liberal government's policies over the last eight years.

The Prime Minister's inflationary policies have significantly contributed to this turmoil, leaving workers in a dangerous position, struggling just to make ends meet. The harsh reality is that Canadian workers are increasingly finding themselves backed into a corner. The cost of living has skyrocketed, eroding the purchasing power of their wages. Many feel that demanding higher wages is their only remedy to keep pace with the escalating costs.

This sense of desperation is a clear indication of the government's failure in handling labour relations effectively. The policies enacted have not only failed to alleviate the pressures on Canadian workers but have actively made their lives harder, fuelling discontent and unrest in the workforce.

This situation calls for urgent attention and a re-evaluation of the government's approach to the inflationary policies that make life more unaffordable. It is crucial that we address the root causes of these issues rather than merely applying temporary fixes. The government must take responsibility for the current state of labour relations in Canada and work toward sustainable solutions that truly support and uplift the working class.

In continuing to address the current state of affairs under the NDP-Liberal government, it is important to highlight how these policies are intensifying the hardships faced by Canadian workers. A prime example is the carbon tax, which has resulted in a significant increase in costs across the board. This tax, far from being a simple environmental measure, has had a domino effect, affecting everything from transportation to the cost of basic needs. The burden of these increased expenses is disproportionately put on the working class, who find their paycheques stretched thinner every day.

Moreover, the housing crisis under the NDP-Liberal government has reached a critical point. Housing costs have not just risen; they have doubled. The situation is made worse by mortgage payments, which are now 150% higher than they were when Harper was prime minister. This financial strain is pushing Canadian families to the brink, with over 50% living within $200 of insolvency.

The reality is that the Liberals, now hand in hand with the NDP, have long abandoned the workers they claim to represent. Their policies, rather than offering relief, have contributed to the reality where everyday Canadians struggle to afford the basic costs of living. This abandonment is not just a failure of economic policy but a betrayal of the trust that workers place in their government to safeguard their interests and well-being.

The implications of these policies are far-reaching and deeply concerning. They paint a picture of a government disconnected from the realities faced by its citizens, especially the working class.

The recent revelation concerning the Stellantis battery plant is a striking example of the government's mismanagement and lack of transparency. It has come to light that 1,600 foreign replacement workers will be employed at the facility, a project funded by Canadian taxpayers to the tune of $15 billion. Even yesterday, we learned that up to 900 foreign replacement workers will help build the NextStar battery plant in Windsor. The fundamental question is why these jobs, created with Canadian money, are not being offered to Canadian workers.

This situation is unacceptable. It is a glaring injustice that Canadian taxpayers are financing projects that fail to prioritize their employment. The Prime Minister's office has been silent on the details of the massive corporate subsidies granted to electric vehicle battery plants. The recent revelations by the Parliamentary Budget Officer have only intensified concerns, indicating that the actual costs and implications are far more substantial than initially presented by the Prime Minister.

Moreover, Canadian workers and taxpayers deserve full transparency. Is the Prime Minister planning to use taxpayer-funded foreign replacement workers at other facilities, such as the Volkswagen and Northvolt plants? This lack of clarity should be especially concerning for my Quebec colleagues, who might see jobs in their region being outsourced to foreign workers, potentially at the Northvolt plant located in the Bloc leader’s own riding.

If the Prime Minister truly cared about Canadian workers, as the bill suggests, he would disclose the contracts signed with Stellantis, Volkswagen and Northvolt. Canadians have a right to know the financial obligations they are under and the specific job provisions guaranteed for Canadian workers. The Prime Minister should have already ensured that Canadian tax dollars would be funding jobs for Canadian workers, not the employment of foreign workers.

Common-sense Conservatives are committed to ensuring that Canadian tax dollars are utilized justly and that the jobs they help create are indeed available for Canadians. The current situation is a stark reminder of the need for responsible governance that would place Canadian interests and workers at the forefront. We will continue to demand transparency and accountability from the government to ensure that Canadian workers are not sidelined in their own country.

Bill C-58 looks at dealing with the worsening labour relations across Canada, but the real issue stems from the NDP-Liberal government, which has made life unaffordable for the average Canadian worker. The reality faced by Canadian workers today is one of escalating costs, reduced purchasing power and missed employment opportunities, despite significant taxpayer investments. The introduction of foreign replacement workers in key taxpayer-funded projects such as the Stellantis battery plant symbolizes the government's disconnect from the needs and rights of Canadian labour.

The Conservative Party stands firmly with Canadian workers. We advocate for transparency, accountability and, above all, ensuring that Canadians are first in line for jobs created with their hard-earned tax dollars. It is time for the government to stop neglecting these vital principles. Canadian workers deserve a government that champions their cause, protects their interests and utilizes taxpayer funds to actually benefit Canadians. That is the commitment of the Conservative Party, and we will relentlessly pursue this goal in the interests of all Canadians.

[Jaime Battiste, Liberal, Parliamentary Secretary to the Minister of Crown-Indigenous Relations]

Mr. Speaker, I would like to thank the member for his speech. A lot of his speech was talking about temporary foreign workers.

Many places across Canada, such as my riding of Sydney—Victoria, rely on temporary foreign workers where there are labour shortages. The Victoria Co-operative brings in many temporary foreign workers to work in the fish plants in the northern Cape Breton area because they cannot get people to travel there.

In Canada, we believe that diversity is strength. I am wondering if the member opposite is a little concerned about the narrative that the Conservatives continue to use that really focuses on foreign workers. Does the member not feel that the narrative is creating unnecessary hate and division between Canadians at a time when we are trying to bring Canadians together?

[Gerald Soroka, Conservative, Yellowhead, AB]

Mr. Speaker, this is quite rich coming from a Liberal member who is saying, “Don't worry, foreign replacement workers are acceptable”, after we just spent $15 billion to build a plant. That is unacceptable. We have the resources here in Canada. We have the people with the skill sets to do this.

Yes, temporary foreign workers are vital to Canadian jobs, but at the same time, this should not be the go-to when we are building a brand new plant that the government is bragging will help Canadians boost and build the economy. It is shameful for them to be bringing in replacement workers to build plants.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Mr. Speaker, for me, this is a really important bill, and one that the NDP really fought hard for. We have been fighting for anti-scab legislation for an extremely long time.

I think about the times that I have stood on picket lines. If one is from a rural and remote community, sometimes it takes a while to get to that picket line, because people live in very isolated places. I remember having a conversation with one gentleman in particular who talked about the fact that, when they were on strike, the company took away their health benefits. He and his spouse had adopted a couple of kids and were planning to adopt a third, they were in the process, but they could not because of the strike. The bill before us would fundamentally give those folks, those workers, more power in the negotiating process. I wonder if the member could speak to why that is important.

[Gerald Soroka, Conservative, Yellowhead, AB]

Mr. Speaker, we are not saying that Canadians do not have the right to strike. We are saying that every person needs to have a right to live. One of the problems with the government is that it is not giving that ability to Canadians to make a financial benefit to themselves. With all the policies that are happening right now, taxes continuing to rise and the carbon tax taking away from their income is the bigger problem. With the cost of food and everything else going up, this is why the Liberals are bringing in this type of legislation.

It is not about trying to protect workers. It is about trying to protect Canadians to live and have a quality of life. This is why the bill has some issues with it, which need to be dealt with.

[Mike Morrice, Green, Kitchener Centre, ON]

Mr. Speaker, it seems as though, with every bill we talk about in this place, it is just a matter of time before Conservative MPs find a way to bring up the carbon tax again.

In light of that, the fact is, for the rebates Canadians receive, and that workers receive, eight out of 10 give more back than Canadians pay, unless they are among the 20% of the wealthiest across the country. Is the member for Yellowhead aware of the rebates they get back? Is he not concerned about the oil and gas companies that are gouging Canadians at the pumps every single day?

[Gerald Soroka, Conservative, Yellowhead, AB]

Mr. Speaker, I love that they believe these talking points. I am surprised the Green member is not in a Liberal seat because those are their straight talking points, and they are not true.

Canadians are paying a lot more for their groceries, fuel and everything else. They are far from getting back more than they contribute. The reason that statistic is out there is that they do not include all the costs. They take a lot away, such as fuel, transportation and public transportation. They are not included in the final details, and that is why they can claim Canadians are getting more back, which is not true. That is a false statement from the government.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, I wish the bill we are discussing today, Bill C-58, was unnecessary. As someone who values the work of labour unions, a person who appreciates the historic impact they have had on improving the rights and working conditions of Canadian workers, I feel it is sad that we have to consider whether replacement workers should be allowed in federally regulated workplaces.

The use of replacement workers comes about when either a unionized workforce has gone on strike or an employer has locked out its workers. In either case, there are no real winners, so what would bring workers or employers to such a position? Why would they feel it necessary to take such drastic measures if nobody wins in such a situation? The answer is simple. If it seems that Canada has seen more labour strife than at any other time in recent history, the reason is simple. The policies of the Liberal government have made it difficult for Canadian workers to make ends meet.

Workers expect government to look out for their best interests. We have a government that apparently does not understand what is good for people. We see record inflation, food prices spiralling out of control and the dream of home ownership dying for millions of Canadians. Those who are lucky enough to find a place to rent have discovered that rents have also skyrocketed. What is the Liberals' response to these economic problems? Its response includes inflationary deficits and higher taxes, government spending that seems out of control, the highest national debt in the history of Canada and no ideas of how to fix the mess they have created. When the carbon tax is increasing the cost of everything for everyone, housing costs have doubled, mortgage costs are 150% higher than they were before the Liberal government took office and half of Canadians say that they are $200 or less from going broke, it is no wonder workers feel abandoned by the government.

The Conservative Party supports the rights of workers to organize democratically, bargain collectively and peacefully withdraw and withhold their services from an employer. We also believe the government should work with unions and employers in areas of federal jurisdiction to develop dispute settlement mechanisms and encourage their use to avoid or minimize disruption to services for Canadians. Bill C-58 will apply to about one million workers in federally regulated industries, many of which are sectors that are critical to national life. For this reason alone, it is important to study this legislation at committee to hear from witnesses, both those who are in favour and those who are against the legislation, to allow members to better understand the implications of this bill.

I am sure the Liberals will tell me that such a study is not really necessary, that they know what they are doing and that this legislation should be passed with a minimum of scrutiny. After all, the Liberals tell us they know what is best for the country, but anyone who questions their dogma, they view as a heretic. In the church that is the Liberal Party, I would be a heretic. I have seen too many Liberal ministers telling Canadians that they know what is best for them when they obviously do not. The government would like us to believe that the Liberals are infallible, but all too often the truth is that they do not have a clue what they are doing. That may be true also with this bill.

I would think that unions would view Bill C-58 as correcting a tilted playing field that has been in favour of employers. They expect that, once this act is passed, the strikes and lockouts will be shorter. In the same way, I would think employers would see Bill C-58 as favouring unions, with the potential of prolonged strikes and lockouts. These are conflicting viewpoints, and whichever one we might adopt may depend on our view of the current balance of power between unions and employers.

Our job in the House is to find a way to craft legislation that is fair to both workers and employers, which is another reason to ensure that we consider the bill carefully so we do not have to return to the subject to fix mistakes made by a rushed process. When the minister spoke in the House just a couple of days ago, he said that consideration of the bill would not be rushed and that it is one of the most significant changes to federal collective bargaining that Canada has ever seen. I am glad he sees the need for a long and hard examination of the proposed legislation. We all want more deals to be made at the bargaining table. Strikes and lockouts are harmful to workers, employers and the Canadian economy as a whole. The Liberals seem to think that the bill would result in fewer labour disruptions. It will be interesting to hear what witnesses say when Bill C-58 is examined at committee.

One of the areas that may be contentious is allowing employers to hire replacement workers as long as they deal solely with the situation that presents or could reasonably be expected to present an imminent or serious threat. Those threats could be to the life, health or safety of any person; destruction of or serious damage to the employer's property or premises; or serious environmental damage affecting the employer's property or premises. Allowing replacement workers in such situations seems reasonable. The problem I foresee is one of determining exactly what the situations are when such hiring would be allowed. I would expect unions would quite naturally attempt to limit the use of replacement workers, while employers would try to stretch the definition as much as possible, but maybe I am wrong. Maybe employers and unions alike would be reasonable in all situations and there would be a clear understanding of what represents a safety threat, property damage or environmental damage.

More likely, the Canada Industrial Relations Board would find itself much busier if this legislation is passed, as it tries to work out the details of the legislation in practice as opposed to in theory. No one, not workers, not employers and not the public, likes labour disruptions. In an ideal world, they would not happen. Of course, in an ideal world, workers would not have to worry about having to make a choice between paying the rent and paying for groceries. In an ideal world, Canadians would not be wondering why their government was offering tax exemptions on one form of home heating fuel and not on the others that contribute less to greenhouse gas emissions. In an ideal world, food bank use would be decreasing instead of increasing, and Canadians would not have to worry whether they can afford the ever-increasing cost of food.

However, under the current government, we do not live in an ideal world. We live in a world where the Liberal carbon tax keeps going up, increasing the cost of everything. Canadian workers and employers alike are feeling squeezed by a government that has shown by its fiscal policies that it does not care about either of them. Unions and businesses may have differing views about Bill C-58, but they do have one thing in common: They all know that it is time for the Liberal government to go.

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Housing]

Mr. Speaker, the hon. member started his speech by saying that a bill to ban replacement workers was unnecessary. That really speaks to the Conservatives' view on labour rights and their track record in the past under the Harper government. The bill before us is a bill that would allow workers to stand up and be able to receive powerful paycheques.

Conservatives say they stand up for workers, but when it comes time to vote, why are they always on the other side of workers?

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, I did not say it was unnecessary; I said I wish it were unnecessary. That is what I said, and I hope the Liberal side will listen better so we can have better conversations.

[Dane Lloyd, Conservative, Sturgeon River—Parkland, AB]

Mr. Speaker, one possible unintended consequence of the legislation that I have not heard brought up yet is that it could possibly incentivize employers to make increased investment in automation, artificial intelligence and other things to replace workers. Yes, the legislation proposes to ban replacement workers in certain circumstances, but if it would be incentivizing employers to invest in technology that would end jobs, how would it be a net benefit to workers in the end?

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, that is a very good point. That is why the bill needs to be studied well and studied at committee so we can understand and examine it. Giving the bill proper scrutiny would make sure that it is perfect.

However, we know that the government is always hiding things under its belt. There is something that could be dangerous enough for the government to rush the bill through without allowing the proper consultation and allowing witnesses to go through it so we would know exactly what the bill is all about.

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

Mr. Speaker, as I listened to my colleague's speech, I got the impression that he was saying that his party would agree to anti-scab legislation as long as there are enough exceptions so that this law, if applied, would not restrict employers too much. He says there should be exceptions so that, as soon as a strike causes the slightest inconvenience, the employer can use replacement workers. Generally speaking, an employer does not give a hoot about the consequences for employees when locking them out.

I want to know from the outset whether my colleague agrees that, when there is a strike, it is somewhat normal for the employer to suffer at least some consequences.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, I would remind the hon. member that under the Chrétien government, there was something called partnership between an employee and employer. An employer's not caring about an employee would go against productivity and having a good result for the business. I hope that such a situation does not ever exist in Canada, but the member is a legislator. She is an MP and I am an MP. Every MP of the House would want to have the most perfect piece of legislation coming through. That is not something we take lightly, especially with a bill that is as important and critical as this one.

In my speech, I advocated having enough time to study the bill carefully to make sure it would do the job. That is our intention and that is why we are here.