Proceedings of the Standing Senate Committee on
Social Affairs,
Science and Technology
Issue 16 - Minutes of Proceedings
OTTAWA, Wednesday, June 17, 1998
(33)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day in Room 356-S, Centre Block at 4:25 p.m., the Chairman, the Honourable Lowell Murray, presiding.
Members of the committee present: The Honourable Senators Beaudoin, Callbeck, Carstairs, Cohen, Comeau, Cook, DeWare, Ferretti Barth, Johnstone, Kenny, Kinsella, Lynch-Staunton, Maheu, Maloney, Murray, P.C. and Stewart (16).
Other Senators present: The Honourable Senators Berntson, Cools, Fitzpatrick, Perrault, P.C. and Sparrow (5).
In attendance: From the Research Branch of the Library of Parliament: June Dewetering, Research Officer.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Monday, June 8, 1998, the committee resumed its consideration of Bill C-19, An Act to amend the Canada Labour Code (Part 1) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts (for complete text of Order of Reference see proceedings of the committee, Issue No. 14, dated June 9, 1998).
APPEARING:
Hon. Lawrence MacAulay, P.C., M.P., Minister of Labour.
WITNESSES:
From the Department of Human Resources Development Canada:
Michael McDermott, Senior Assistant Deputy Minister, Legislative Review, Part 1 of the Canada Labour Code;
Warren Edmondson, Acting Assistant Deputy Minister, Labour;
Debra Robinson, Project Director, Legislative Review, Part 1 of the Canada Labour Code;
Yvonne Beaupré, Senior Counsel, Legal Services; and
Krishna Sahay, Director, Industrial Organization and Finance, Statistics Canada.
The Honourable Minister MacAulay made a statement and, together with Mr. McDermott, answered questions.
At 5:18 p.m., the committee suspended.
At 5:20 p.m., the committee resumed.
It was moved by the Honourable Senator Murray that the committee complete clause-by-clause consideration of Bill C-19.
It was agreed that the title be postponed.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended, in clause 1, on page 1,
(a) by replacing line 4 with the following:
"1. (1) The definitions "Board", "conciliation"; and
(b) by adding after line 15 the following:
"(2) The definitions "dependant contractor", "lockout", "parties" and "professional employee" in subsection 3(1) of the English version of the Act, are replaced by the following:
"dependant contractor" means
(a) the owner, purchaser or lessee of a vehicle used for hauling, other than on rails or tracks, livestock, liquids, goods, merchandise or other materials, who is party to a contract, oral or in writing, under the terms of which that person is
(i) required to provide the vehicle by means of which the person performs the contract and to operate the vehicle in accordance with the contract, and
(ii) entitled to retain for the person's own use from time to time any sum of money that remains after the cost of the person's performance of the contract is deducted from the amount the person is paid, in accordance with the contract, for that performance,
(b) a fisher who, pursuant to an arrangement to which the fisher is a party, is entitled to a percentage or other part of the proceeds of a joint fishing venture in which the fisher participates with other persons, and
(c) any other person who, whether or not employed under a contract of employment, performs work or services for another person on such terms and conditions that the person is, in relation to that other person, in a position of economic dependence on, and under an obligation to perform duties for, that other person;
"lockout" includes the closing of a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ a number of the employer's employees, done to compel the employer's employees, or to aid another employer to compel that employer's employees, to agree to terms or conditions of employment;
"parties" means
(a) in relation to the entering into, renewing or revising of a collective agreement and in relation to a dispute, the employer and the bargaining agent that acts on behalf of the employer's employees,
(b) in relation to a difference relating to the interpretation, application, administration or alleged contravention of a collective agreement, the employer and the bargaining agent, and
(c) in relation to a complaint to the Board under this Part, the complainant and any person or organization against whom or which the complaint is made;
"professional employee" means an employee who
(a) is, in the course of that employee's employment, engaged in the application of specialized knowledge ordinarily acquired by a course of instruction and study resulting in graduation from a university or similar institution, and
(b) is, or is eligible to be, a member of a professional organization that is authorized by statute to establish the qualifications for membership in the organization;
(3) Subsection 3(2) of the English version of the Act is replaced by the following:
(2) No person ceases to be an employee within the meaning of this Part
by reason only of the person ceasing to work as the result of a lockout or strike or by reason only of the person's dismissal contrary to this Part.".
Before entertaining the motion, the Chairman requested that the Clerk of the Committee conduct a roll call of the committee members.
The Clerk called the following as members of the committee: The Honourable Senators Comeau, Callbeck, Cohen, Cook, DeWare, Maloney, Stewart, Johnstone, Kenny, Maheu, Murray, P.C. and Kinsella.
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 1, unamended, it was agreed.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended, in clause 2, on page 3, by replacing lines 17 to 19 with the following:
"(5) The Chairperson, Vice-Chairpersons and two thirds of all other members of the Board must have experience and expertise in industrial relations.".
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 2, unamended, it was agreed.
It was agreed that Clauses 3 to 6 be carried.
It was moved by the Honourable Senator DeWare that Bill C-19 be amended in Clause 7, on page 12, by replacing lines 28 and 29 with the following:
"lective agreements respecting expiry dates, or amend other such".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 7, unamended, it was agreed.
It was agreed that Clauses 8 to 13 be carried.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended, in clause 14, on page 14, in the English version, by replacing lines 8 to 16 with the following:
"14. Subsection 30(2) of the Act is replaced by the following:
(2) Where the Board orders that a representation vote be taken on an application by a trade union for certification as the bargaining agent for a unit in respect of which no other trade union is the bargaining agent, the Board shall include on the ballots a choice whereby an employee may indicate that the employee does not wish to be represented by any trade union named on the ballots.".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 14, unamended, it was agreed.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended, in clause 15, on page 14, by replacing lines 30 to 37 with the following:
"(2) Subsection 33(3) of the English version of the Act is replaced by the following:
(3) Where an employer ceases to be a member of an employers' organization or withdraws the authority referred to in subsection (1) or (1.1) that the employer granted to the employers' organization, the employer
(a) continues to be bound by any collective agreement applicable to that employer's employees that was entered into by the employers' organization; and
(b) may be required to commence collective bargaining in accordance with section 48.".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 15, unamended, it was agreed.
It was agreed that Clauses 16 to 24 be carried.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended by adding a new Clause 25.1, on page 19 by adding after line 44 the following:
"25.1 Paragraph 51(1)(a) of the English version of the Act is replaced by the following:
(a) the introduction by an employer into the employer's work, undertaking or business of equipment or material of a different nature or kind that the previously utilized by the employer in the operation of the work, undertaking or business; and".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 25, unamended, it was agreed.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended, in clause 26, on page 20,
(a) by replacing line 1 with the following:
"26. (1) The portion of subsection 53(2) of the"; and
(b) by adding after line 8 the following:
"(2) Paragraph 53(3)(c) of the English version of Act is replaced by the following:
(c) where an employee is reinstated pursuant to paragraph (b), require the employer to reimburse the employee for any loss of pay suffered by the employee as a result of the employee's displacement.".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 26, unamended, it was agreed.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended by adding a new Clause 27.1, on page 21, by adding after line 3 the following:
"27.1 The portion of subsection 64(1) of the English version of the Act before paragraph (a) is replaced by the following:
64. (1) Every order or decision of an arbitrator or arbitration board shall be made or given within sixty days after, in the case of an arbitrator, the arbitrator's appointment, and, in the case of an arbitration board, the appointment of the arbitration board chairperson unless".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 27, unamended, it was agreed.
It was agreed that Clauses 28 to 30 be carried.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended, in clause 31, on page 22, by replacing line 27 with the following:
"31. (1) Paragraph 72(1)(d) of the English version of the Act is replaced by the following:
(d) notify the parties, in writing, of the Minister's intention not to appoint a conciliation officer or conciliation commissioner or establish a conciliation board.
(2) Section 72 of the Act is amended by".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 31, unamended, it was agreed.
It was agreed that Clause 32 be carried.
It was moved by the Honourable Senator DeWare that Bill C-19 be amended, in clause 33, on page 23, by replacing lines 33 and 34 with the following:
"75. (1) The Minister may extend the time".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 5.
The question being put to carry Clause 33, unamended, it was agreed.
It was agreed that Clause 34 be carried.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended by adding a new Clause 35.1, on page 25, by adding after line 24 the following:
"35.1. Subsection 85(3) of the English version of the Act is replaced by the following:
(3) Where a person ceases to be a member of a conciliation board before the board has completed its work, another member shall be nominated and appointed in the member's place in accordance with section 82.".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 35, unamended, it was agreed.
It was agreed that Clause 36 be carried.
It was moved by the Honourable Senator DeWare that Bill C-19 be amended, in clause 37, on page 30, by adding after line 37 the following:
"(4) The Governor in Council may, by regulation, extend the application of this section in order to provide for the continuation of services normally provided to ensure the tie-up, let-go and loading of vessels for commodities other than grain and the movement of the vessels in and out of a port.".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 37, unamended, it was agreed.
At 6:16 p.m., the committee recessed.
At 6:26 p.m., the committee resumed.
It was agreed that Clause 38 be carried.
It was moved by the Honourable Senator Cohen that Bill C-19 be amended, in clause 39, on page 31, by replacing lines 3 to 6 with the following:
"39. Paragraphs 89(1)(c) and (d) of the Act are replaced by the following:
(c) the Minister has
(i) received a notice, given under section 71 by either party to the dispute, informing the Minister of the failure of the parties to enter into or revise a collective agreement, or
(ii) taken action under subsection 72(2);".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 39, unamended, it was agreed.
It was agreed that Clause 40 be carried.
It was moved by the Honourable Senator Cohen that Bill C-19 be amended, in clause 41,
(a) on page 31, by replacing line 41 with the following:
"41. (1) The portion of section 92 of the Act"; and
(b) on page 32, by adding after line 6 the following:
"(2) Paragraph 92(b) of the English version of the Act is replaced by the following:
(b) requiring the employer or any person acting on behalf of the employer to discontinue the lockout and to permit any employee who was affected by the lockout to return to the employee's duties; and".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 41, unamended, it was agreed.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended, in clause 42,
(a) on page 32,
(i) by replacing lines 7 to 12 with the following:
"42. (1) Subsection 94(2) of the English version of the Act is replaced by the following:
(2) An employer is deemed not to contravene subsection (1) by reason only that the employer
(a) in respect of a trade union that is the bargaining agent for a bargaining unit comprised of or including employees of the employer,
(i) permits an employee or representative of the trade union to confer with the employer during hours of work or to attend to the business of the trade union during hours of work without any deduction from wages or any deduction of time worked for the employer,
(ii) provides free transportation to representatives of the trade union for purposes of collective bargaining, the administration of a collective agreement and related matters, or
(iii) permits the trade union to use the employer's premises for the purposes of the trade union;
(b) contributes financial support to any pension, health or other welfare trust fund the sole purpose of which is to provide pension, health or other welfare rights or benefits to employees; or", and
(ii) by replacing line 30 with the following:
"(3) Paragraphs 94(3)(b) and (c) of the English version of the Act are replaced by the following:
(b) impose any condition in a contract of employment that restrains, or has the effect of restraining, an employee from exercising any rights conferred on the employee by this Part;
(c) suspend, discharge or impose any financial or other penalty on an employee, or take any other disciplinary action against an employee, by reason of the employee's refusal to perform all or some of the duties and responsibilities of another employee who is participating in a strike or subject to a lockout that it not prohibited by this Part;
(3.1) Subsection 94(3) of the Act is amended"; and
(b) on page 33, by adding after line 5 the following:
"(3.2) Paragraph 94(3)(f) of the English version of the Act is replaced by the following:
(f) suspend, discharge or impose any financial or other penalty on a person employed by the employer, or take any other disciplinary action against such a person, by reason of that person having refused to perform an act that is prohibited by this Part; or".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
It was moved by the Honourable Senator DeWare that Bill C-19 be amended, in clause 42, on page 32, by replacing lines 19 to 24 to with the following:
"(2.1) Where the use of replacement workers in a dispute is demonstrated to be for the purpose of undermining the trade union's representative capacity rather than the pursuit of legitimate bargaining objectives and is declared by the Board to be an unfair labour practice for that reason, no employer or person acting on behalf of an employer shall use the services of a person who was not an".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 42, unamended, it was agreed.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended, in clause 43, on page 33, by adding after line 23 the following:
"(2.1) Subparagraph 97(4)(b)(ii) of the English version of the Act is replaced by the following:
(ii) has not, within six months after the date on which the complainant first presented a grievance or appeal pursuant to paragraph (a), dealt with the grievance or appeal; and".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 43, unamended, it was agreed.
It was agreed that Clause 44 be carried.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended, in clause 45, on page 35, by adding after line 14 the following:
"(2.1) Subparagraph 99(1)(c)(i) of the English version of the Act is replaced with the following:
(i) employ, continue to employ or permit to return to the duties of the employee's employment any employee or other person whom the employer or any person acting on behalf of the employer has refused to employ or continue to employ, has suspended, transferred, laid off or otherwise discriminated against, or discharged for a reason that is prohibited by one of those paragraphs,".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 45, unamended, it was agreed.
It was moved by the Honourable Senator DeWare that Bill C-19 be amended in Clause 46
(a) on page 35, by deleting clause 46; and
(b) by renumbering clauses 47 to 97 as clauses 46 to 96, and any cross references thereto, accordingly.
After debate,
The question being put on the motion, it was defeated on the following division:
YEAS
The Honourable Senators
Comeau Cohen DeWare Kinsella -- 4
NAYS
The Honourable Senators
Callbeck Cook Stewart Johnstone Kenny Maheu Maloney -- 7
ABSTENTIONS
The Honourable Senators
Murray -- 1
The question being put to carry Clause 46, unamended, it was agreed.
It was agreed that Clause 47 be carried.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended, in clause 48, on page 36, by replacing lines 1 to 3 with the following:
"48. Section 105 of the Act is replaced with the following:
105. (1) The Minister, on request or on the Minister's own initiative, may, where the Minister deems it expedient, at any time appoint a mediator to confer with the parties to a dispute or difference and endeavour to assist them in settling the dispute or difference.".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 48, unamended, it was agreed.
It was agreed that clause 49 be carried.
It was moved by the Honourable Senator DeWare that Bill C-19 be amended, in clause 50, on page 37, by replacing lines 4 to 10 with the following:
"(a) seek the consent of each employee to the giving of their name and address to the representative of the trade union that the Board authorizes and, if the employee consents, transmit that name and address to the authorized representative; or"
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 50, unamended, it was agreed.
It was agreed that Clauses 51 to 56 be carried.
It was moved by the Honourable Senator Cohen that Bill C-19 be amended by adding a new Clause 57.1, on page 39, by adding after line 2 the following:
"57.1 Subsection 219(2) of the English version of the Act is replaced with the following:
(2) The members of a joint planning committee shall elect from among themselves two co-chairpersons, one being a representative of the redundant employees selected by their representatives and the other being a representative of the employer selected by the employer's representatives.".
After debate,
the question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 57, unamended, it was agreed.
With leave, it was agreed to allow the Honourable Senator Kinsella to move the following amendments as a block:
That Bill C-19 be amended by adding a new Clause 57.1, on page 39 by adding after line 2 the following:
"57.1 Subsection 168(1) of the English version of the Act is replaced by the following:
168. (1) This Part and all regulations made under this Part apply notwithstanding any other law or any custom, contract or arrangement, but nothing in this Part shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to the employee than the employee's rights or benefits under this Part.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Subsection 169(3) of the English version of the Act is replaced by the following:
(3) In a week in which one or more general holidays occur that under Division V entitle an employee to holidays with pay in that week, the hours of work of the employee in that week shall be reduced by the standard hours of work for each general holiday in that week and, for the purposes of this subsection, in calculating the time worked by an employee in any such week, no account shall be taken of any time worked by the employee on the holidays or of any time during which the employee was at the disposal of the employee's employer during the holidays.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Paragraph 190(h) of the English version of the Act is replaced by the following:
(h) providing for the application of this Division where, owing to illness or other unavoidable absence, an employee has been absent from the employee's employment.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Subsection 193(1) of the English version of the Act is replaced by the following:
(1) Except as otherwise provided by this Division and subject to subsection (2), when a general holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a holiday with pay at some other time, which may be by way of addition to the employee's annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Subsections 196(2) and (3) of the English version of the Act are replaced by the following:
(2) An employee whose wages are calculated on a daily or hourly basis shall, for a general holiday on which the employee does not work, be paid at least the equivalent of the wages the employee would have earned at the employee's regular rate of wages for the employee's normal hours of work.
(3) An employee whose wages are calculated on any basis other than a basis mentioned in subsection (1) or (2) shall, for a general holiday on which the employee does not work, be paid at least the equivalent of the wages the employee would have earned at the employee's regular rate of wages for the employee's normal working day.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Section 197 of the English version of the Act is replaced by the following:
197. Except in the case of an employee employed in a continuous operation, an employee who is required to work on a day on which the employee is entitled under this Division to a holiday with pay shall be paid, in addition to the employee's regular rate of wages for that day, at a rate at least equal to one and one-half times the employee's regular rate of wages for the time that the employee worked on that day.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Paragraphs 198(a) and (b) of the English version of the Act are replaced by the following:
(a) shall be paid, in addition to the employee's regular rate of wages for that day, at a rate at least equal to one and one-half times the employee's regular rate of wages for the time that the employee worked on that day;
(b) shall be given a holiday and pay in accordance with section 196 at some other time, which may be by way of addition to the employee's annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer; or".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Section 199 of the English version of the Act is replaced by the following:
199. Notwithstanding sections 197 and 198, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which the employee is entitled under this Division to a holiday with pay shall be given a holiday and pay in accordance with section 196 at some other time, which may be by way of addition to the employee's annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 (1) Paragraph 201(2)(b) of the English version of the Act is replaced by the following:
(b) in respect of which the employee decides to be unavailable to work in accordance with the conditions of employment in the industrial establishment in which the employee is employed.
(2) Subsection 201(4) of the English version of the Act is replaced by the following:
(4) An employee described in subsection (3) is not entitled to a holiday with pay referred to in section 193 in respect of any general holiday on which the employee does not work, but, notwithstanding section 196, the employee is entitled to be paid 1/20th of the wages the employee has earned during the thirty calendar days immediately preceding that general holiday.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Subsection 202(1) of the English version of the Act is replaced by the following:
202. (1) An employee is not entitled to pay for a general holiday that occurs in the employee's first thirty days of employment with an employer if the employee does not work on that day, but if required to work on the general holiday the employee shall be paid at a rate at least equal to one and one-half times the employee's regular rate of wages for the time that the employee worked on that day, unless the employee is employed in a continuous operation in which case the employee is entitled to the employee's regular rate of wages for the time that the employee worked on that day.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Subsections 210(1) and (2) of the English version of the Act are replaced by the following:
210. (1) Every employee is entitled to and shall be granted, in the event of the death of a member of the employee's immediate family, bereavement leave on any of the employee's normal working days that occur during the three days immediately following the day of the death.
(2) Every employee who has completed three consecutive months of continuous employment by an employer and is entitled to bereavement leave under subsection (1) is entitled to such leave with pay at the employee's regular rate of wages for the employee's normal hours of work, and such pay shall for all purposes be deemed to be wages.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Subsection 212(1) of the English version of the Act is replaced by the following:
212. (1) Any employer who terminates, either simultaneously or within any period not exceeding four weeks, the employment of a group of fifty or more employees employed by the employer within a particular industrial establishment, or of such lesser number of employees as prescribed by regulations applicable to the employer made under paragraph 227(b), shall, in addition to any notice required to be given under section 230, give notice to the Minister, in writing, of the employer's intention to so terminate at least sixteen weeks before the date of termination of the employment of the employee in the group whose employment is first to be terminated.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Subsection 213(2) of the English version of the Act is replaced by the following:
(2) An employer who gives notice to the Minister under section 212 shall give each redundant employee, as soon as possible after the notice is so given but in any case not later than two weeks before the date of the termination of the employment of the employee, a statement in writing setting out, as at that date, the employee's vacation benefits, wages, severance pay and any other benefits and pay arising from the employee's employment with that employer.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Subsection 215(5) of the English version of the Act is replaced by the following:
(5) An employer is entitled to appoint, as the employer's representatives on a joint planning committee, a number of members not exceeding the number of members to be appointed to the committee pursuant to subsections (1), (2) and (3).".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Section 220 of the English version of the Act is replaced by the following:
220. A member of a joint planning committee is entitled to such time from work as is necessary to attend sittings of the committee or to carry out any other functions as such a member, and any time spent by the member in carrying out any functions as a member shall, for the purpose of calculating wages owing to the member, be deemed to have been spent at the member's work.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Paragraph 227(d) of the English version of the Act is replaced by the following:
(d) prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of the employee's employment by the employer.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 (1) Paragraphs 230(1)(a) and (b) of the English version of the Act are replaced by the following:
(a) notice in writing, at least two weeks before a date specified in the notice, of the employer's intention to terminate the employee's employment on that date, or
(b) two weeks wages at the employee's regular rate of wages for the employee's regular hours of work, in lieu of the notice.
(2) Paragraph 230(2)(b) of the English version of the Act is replaced by the following:".
(b) pay to any employee whose employment is terminated as a result of the redundancy of the position two weeks wages at the employee's regular rate of wages.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Paragraph 231(1)(b) of the English version of the Act is replaced by the following:
(b) shall, between the time when the notice is given and the date specified therein, pay to the employee the employee's regular rate of wages for the employee's regular hours of work.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Section 232 of the English version of the Act is replaced by the following:
232. Where an employee to whom notice is given pursuant to subsection 230(1) continues to be employed by the employer for more than two weeks after the date specified in the notice, the employment shall not, except with the written consent of the employee, be terminated except by way of dismissal for just cause unless the employer again complies with subsection 230(1) in respect of the employee.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Paragraph 233(a) of the English version of the Act is replaced by the following:
(a) prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of the employee's employment by the employer; and".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Paragraphs 235(a) and (b) of the English version of the Act are replaced by the following:
(a) two days wages at the employee's regular rate of wages for the employee's regular hours of work in respect of each completed year of employment that is within the term of the employee's continuous employment by the employer, and
(b) five days wages at the employee's regular rate of wages for the employee's regular hours of work.".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Paragraph 236(a) of the English version of the Act is replaced by the following:
(a) prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of the employee's employment by the employer;".
That Bill C-19 be amended, on page 39 by adding after line 2 the following:
"57.1 Paragraph 239(1)(c) of the English version of the Act is replaced by the following:
(c) the employee, if requested in writing by the employer within fifteen days after the employee's return to work, provides the employer with a certificate of a qualified medical practitioner certifying that the employee was incapable of working due to illness or injury for a specified period of time, and that that period of time coincides with the absence of the employee from work.".
After debate,
The question being put on the motion, it was, by a show of hands, defeated: yeas: 4; nays: 7.
The question being put to carry Clause 57, unamended, it was agreed.
It was agreed that Clause 58 be carried.
It was moved by the Honourable Senator Kinsella that Bill C-19 be amended, in clause 59, on page 39,
(a) by deleting line 20; and
(b) by renumbering paragraphs (g) to (k) as paragraphs (f) to (j) and any cross-references thereto accordingly.
After debate, with leave of the committee, the Honourable Senator Kinsella withdrew his motion.
It was agreed that Clauses 59 to 62 be carried.
It was agreed that Clauses 63 to 97 be carried.
It was agreed that the Title carry.
It was agreed that Bill C-19 carry, on the following division:
YEAS
The Honourable Senators
Callbeck Cook Maloney Stewart Johnstone Kenny Maheu -- 7
NAYS
The Honourable Senators
Comeau Cohen DeWare Kinsella -- 4
ABSTENTIONS
The Honourable Senators
Murray -- 1
At 7:25 p.m., the Honourable Senator Kenny moved that the committee proceed in camera for the purpose of discussing a draft report.
The question being put on the motion, it was agreed.
At 7:45 p.m., the committee resumed in public.
It was agreed, on division, that the following observations be added to the report:
THE MOVEMENT OF COMMODITIES OTHER THAN GRAIN
Your Committee notes that the government recognizes the importance of continuous handling of grain because of its perishable character and has therefore provided a legislative exception for the long-shoring and other port-related industries with respect to grain. However, other commodities represent significant goods moving through Canadian ports. These goods make a major contribution to the economy of Canada, and consequently we are very concerned about the possibility of upsetting the balance for effective and fair collective bargaining which could restrict this commerce.
Your Committee does not wish to encumber labour negotiations, but to focus instead on the need to monitor the process under Bill C-19 and to continue to examine alternatives and make recommendations for amendments if a better formula can be found. Consequently, your Committee recommends that the Minister of Labour review alternatives to this measure.
REMEDIAL CERTIFICATION
Your Committee continues to support the comments made in its report of Friday, April 25, 1997 and wishes to repeat them here. Concerns were heard that the provision in Clause 46 of Bill C-19, which would allow the Canada Industrial Relations Board to certify a trade union as a remedy for employer unfair labour practices, runs counter to the principle that certification should be based solely on the majority support of the employees in the bargaining unit. We strongly endorse the principle of majority support as a basis for certification and note that Bill C-19 retains the Board's authority to verify support by holding a representation vote in any case. We strongly recommend that the Board exercise the jurisdiction it has under section 29(1) of the Canada Labour Code and order a representation vote as a matter of course.
We believe that the concerns that have been expressed to the committee on this clause are serious and urge the utmost caution in applying this exceptional provision. Though a number of provincial labour statutes include similar provisions, they are used by provincial labour boards in rare cases, where an employer commits a serious unfair labour practice and where a representation vote is unlikely to provide a true measure of the employees' wishes.
We recommend, therefore, that in interpreting and applying Section 99.1, the Canada Industrial Relations Board should respect the findings of the Sims Task Force, namely, that this is an unusual remedy which should be reserved for "truly intolerable conduct" by an employer. Your Committee has concerns about whether the recent use of a similar clause by the Ontario Labour Relations Board in the Wal-Mart case is in fact an appropriate use of such a measure.
We also urge the Minister to monitor carefully the future application of this provision to ensure that it is used only in the most exceptional cases. It should not be seen as an alternative to the normal certification process. But if it evolves into such an alternative, we strongly recommend that the Minister consider deleting this provision.
GENDER NEUTRALITY
Your Committee was pleased with the statement made to it by the Minister of Labour on the issue of gender neutrality. Clearly, the Minister supports the view of Committee members on the absolute need for gender neutrality in legislation, and we encourage the Minister to give immediate and constant attention to this matter.
THE ESTEY REVIEW
Your Committee heard a number of witnesses suggest that the provisions in Bill C-19 with respect to the movement of grain should not be passed until Justice W. Estey, who is reviewing Canada's grain handling system, issues his final report. From this perspective, we welcome the Minister of Labour's letter and his assurances that he will review Justice W. Estey's report. Your Committee is confident that this review, in conjunction with the Minister's commitment to also review the effect of Section 87.7 next year, following completion of the next round of West Coast long-shore bargaining, will result in any amendments that are needed.
It was agreed that Bill C-19 be reported to the Senate without amendment but with observations and recommendations.
At 7:44 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Blair Armitage
Acting Clerk of the Committee