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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 111
Thursday, May 2, 2024, 8:20 a.m. to 10:12 a.m.
Webcast
Presiding
Robert J. Morrissey, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Eleni Kachulis, Analyst
• Vanessa Preston, Analyst
Department of Employment and Social Development
• Zia Proulx, Director General, Strategic Policy, Analysis and Workplace Information Directorate, Labour Program
• Katherine Chan, Senior Policy Analyst, Workplace and Labour Relations Policy Division
• Ryan Cowling, Manager, Workplace and Labour Relations Policy Division
Pursuant to the order of reference of Tuesday, February 27, 2024, the committee resumed consideration of Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012.

The witnesses answered questions.

The committee commenced its clause-by-clause study of the Bill.

The Chair called Clause 1.

Clause 1 carried.

Clause 2 carried.

Clause 3 carried.

Clause 4 carried.

Clause 5 carried.

On Clause 6,

Alexandre Boulerice moved, — That Bill C-58, in Clause 6, be amended by replacing line 27 on page 3 with the following:

“der to the parties no later than 45 days after the day on”

Debate arose thereon.

Terry Sheehan moved, — That the amendment be amended by replacing the number “45” with the number “82”.

After debate, the question was put on the subamendment of Terry Sheehan and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Alexandre Boulerice, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 10;

NAYS: Louise Chabot — 1.

The question was put on the amendment of Alexandre Boulerice, as amended, and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Alexandre Boulerice, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 10;

NAYS: Louise Chabot — 1.

Clause 6, as amended, carried.

On Clause 7,

Terry Sheehan moved, — That Bill C-58, in Clause 7, be amended by replacing lines 17 and 18 on page 4 with the following:

“erence to any other person.”

After debate, the question was put on the amendment of Terry Sheehan and it was agreed to.

Clause 7, as amended, carried.

Clause 8 carried.

On Clause 9,

Alexandre Boulerice moved, — That Bill C-58, in Clause 9, be amended by replacing line 3 on page 5 with the following:

“(b) any contractor, including a dependent contractor who is an employee in the bargaining unit on strike or locked out,”

Debate arose thereon.

Louise Chabot moved, — That the amendment be amended by deleting the words “, including a dependent contractor who is an employee in the bargaining unit on strike or locked out,”.

The question was put on the subamendment of Louise Chabot and it was negatived on the following recorded division:

YEAS: Alexandre Boulerice, Louise Chabot — 2;

NAYS : Scott Aitchison, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 9.

The question was put on the amendment of Alexandre Boulerice and it was negatived on the following recorded division:

YEAS: Alexandre Boulerice, Louise Chabot — 2;

NAYS: Scott Aitchison, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 9.

Alexandre Boulerice moved, — That Bill C-58, in Clause 9, be amended by replacing line 3 on page 5 with the following:

“(b) any contractor, other than a dependent contractor,”

After debate, the question was put on the amendment of Alexandre Boulerice and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Alexandre Boulerice, Louise Chabot, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

Louise Chabot moved, — That Bill C-58, in Clause 9, be amended by adding after line 4 on page 5 the following:

“(c) any employee.”

After debate, the question was put on the amendment of Louise Chabot and it was negatived on the following recorded division:

YEAS: Alexandre Boulerice, Louise Chabot — 2;

NAYS: Scott Aitchison, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 9.

Alexandre Boulerice moved, — That Bill C-58, in Clause 9, be amended

(a) by adding after line 4 on page 5 the following:

“(c) any employee who is not in the bargaining unit on strike or locked out and who is working at another location;

(d) any volunteer, student, member of the public or family member of the employer.”

(b) by replacing lines 24 and 25 on page 5 with the following:

“ployer who uses the services of any person referred to in paragraphs (4)‍(a) to (d) or of an employee referred to in”

(c) by replacing line 39 on page 5 with the following:

“who is not referred to in paragraphs (4)‍(a) to (d) or in”

Debate arose thereon.

Terry Sheehan moved, — That the amendment be amended

(a) by replacing the words “who is not in the bargaining unit on strike or locked out and who is working at another location” with the words “whose normal workplace is a workplace other than that at which the strike or lockout is taking place or who was transferred to the workplace at which the strike or lockout is taking place after the day on which notice to bargain collectively is given”

(b) by replacing the words “student, member of the public or family member of the employer” with the words “student or member of the public”.

After debate, the question was put on the subamendment of Terry Sheehan and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Alexandre Boulerice, Louise Chabot, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

The question was put on the amendment of Alexandre Boulerice, as amended, and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Alexandre Boulerice, Louise Chabot, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

Louise Chabot moved, — That Bill C-58, in Clause 9, be amended by deleting lines 5 to 14 on page 5.

After debate, the question was put on the amendment of Louise Chabot and it was negatived on the following recorded division:

YEAS: Alexandre Boulerice, Louise Chabot — 2;

NAYS: Scott Aitchison, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 9.

Alexandre Boulerice moved, — That Bill C-58, in Clause 9, be amended by replacing line 19 on page 5 with the following:

“work by all or some employees in the bargaining unit, no employ‐”

After debate, the question was put on the amendment of Alexandre Boulerice and it was negatived on the following recorded division:

YEAS: Alexandre Boulerice, Louise Chabot — 2;

NAYS: Scott Aitchison, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 9.

Alexandre Boulerice moved, — That Bill C-58, in Clause 9, be amended by adding after line 40 on page 5 the following:

“(c) in the case of the services of a person referred to in paragraphs (4)(a) to (d), the employer or person acting on behalf of an employer gave the employees in the bargaining unit on strike or locked out the opportunity to perform the necessary work before using the services of that person.”

After debate, the question was put on the amendment of Alexandre Boulerice and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Alexandre Boulerice, Louise Chabot, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

At 9:35 a.m., the sitting was suspended.

At 9:41 a.m., the sitting resumed.

Louise Chabot moved, — That Bill C-58, in Clause 9, be amended by adding after line 6 on page 6 the following:

“(9) The Minister may, on application, designate an investigator to ascertain whether the requirements of subsections (4) to (8) are being met. The Minister shall provide the investigator with a certificate of that designation.

(10) The investigator may enter any place of employment immediately at any reasonable time and be accompanied by a person designated by the certified trade union, a person designated by the employer and any other person whose presence the investigator considers necessary for the purposes of the investigation.

(11) The person in charge of a place of employment and every person employed at, or in connection with, a place of employment shall give all reasonable assistance to the investigator in the exercise of their powers, or in the performance of their duties or functions.

(12) The investigator shall, on request, produce the certificate of designation and a piece of identification.

(13) The investigator shall, immediately after completing the investigation, make a report to the Minister and send a copy of the report to the parties.

(14) The investigator has, for the purposes of the investigation, all the powers of a commissioner appointed under the Inquiries Act, except the power to impose a sentence of imprisonment.”

After debate, the question was put on the amendment of Louise Chabot and it was negatived on the following recorded division:

YEAS: Alexandre Boulerice, Louise Chabot — 2;

NAYS: Scott Aitchison, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 9.

Clause 9, as amended, carried.

On Clause 10,

Alexandre Boulerice moved, — That Bill C-58, in Clause 10, be amended by replacing line 12 on page 6 with the following:

“persons referred to in paragraphs 94(4)‍(a) to (d) to”

After debate, the question was put on the amendment of Alexandre Boulerice and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Alexandre Boulerice, Louise Chabot, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

Clause 10, as amended, carried.

Clause 11 carried.

Clause 12 carried.

Clause 13 carried.

Clause 14 carried.

On new Clause 14.1,

Louise Chabot moved, — That Bill C-58 be amended by adding after line 9 on page 8 the following new clause:

“2003, c. 22, s. 2; 2017 c. 9, s. 2

Federal Public Sector Labour Relations Act

14.1 The Federal Public Sector Labour Relations Act is amended by adding the following after section 4:

4.1 The provisions of Part I of the Canada Labour Code relating to replacement workers apply, with any necessary modifications, to and in respect of the public service and persons employed in it.”

The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Louise Chabot appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Scott Aitchison, Alexandre Boulerice, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 10;

NAYS: Louise Chabot — 1.

Clause 15 carried.

Clause 16 carried.

Clause 17 carried.

On Clause 18,

Louise Chabot moved, — That Bill C-58, in Clause 18, be amended by replacing lines 10 to 15 on page 9 with the following:

“18 This Act comes into force on the day after the day on which it receives royal assent.”

After debate, the question was put on the amendment of Louise Chabot and it was negatived on the following recorded division:

YEAS: Louise Chabot — 1;

NAYS: Scott Aitchison, Alexandre Boulerice, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 10.

Alexandre Boulerice moved, — That Bill C-58, in Clause 18, be amended

(a) by replacing line 11 on page 9 with the following:

“the 12th month after the month in which it re‐”

(b) by replacing lines 14 and 15 on page 9 with the following:

“or, if that 12th month has no day with that number, the last day of that 12th month.”

After debate, the question was put on the amendment of Alexandre Boulerice and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Alexandre Boulerice, Chad Collins, Michelle Ferreri, Peter Fragiskatos, Tracy Gray, Wayne Long, Kyle Seeback, Terry Sheehan, Tony Van Bynen — 10;

NAYS: Louise Chabot — 1.

Clause 18, as amended, carried.

The Title carried.

The Bill, as amended, was adopted.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-58, as amended, be reprinted for the use of the House of Commons at report stage.

At 10:06 a.m., pursuant to Standing Order 115(5), it was agreed that the committee continue to sit.

The committee proceeded to the consideration of matters related to committee business.

Motion

Tracy Gray moved, — Given recent developments, the Minister of Employment, Workforce Development and Official Languages of Canada extend his appearance on Monday, May 6, 2024 by an hour so that he appear for a total of 2 hours.

Debate arose thereon.

The question was put on the motion and it was negatived on the following recorded division:

YEAS: Scott Aitchison, Michelle Ferreri, Tracy Gray, Kyle Seeback — 4;

NAYS: Alexandre Boulerice, Louise Chabot, Chad Collins, Peter Fragiskatos, Wayne Long, Terry Sheehan, Tony Van Bynen — 7.

It was agreed, — That the members of the committee submit to the clerk all of their proposed amendments to Bill C-322 no later than noon on Monday, May 27, 2024.

It was agreed, — That the members of the committee submit to the clerk all of their prioritized list of witnesses for the study of Bill C-322 no later than 4:00 p.m. on Friday, May 10, 2024.

It was agreed, — That the press release prepared for the presentation of the artificial intelligence report be distributed upon presentation of the report to the House.

At 10:12 a.m., the committee adjourned to the call of the Chair.



Ariane Calvert
Clerk of the committee