Bill C-22 (Historical)

Energy Safety and Security Act

An Act respecting Canada's offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts

Part 1 of this enactment amends the Canada Oil and Gas Operations Act, the Canada Petroleum Resources Act, the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (the “Acts”) primarily to update, strengthen and increase the level of transparency of the liability regime that is applicable to spills and debris in the offshore areas.
More specifically, Part 1, among other things,
(a) expressly includes the “polluter pays” principle, which is consistent with the notion that the liability of at-fault operators is unlimited;
(b) increases to $1 billion the limit of liability, without proof of fault or negligence, to which certain operators are subject in the event of a spill or damages caused by debris;
(c) provides that an applicant for an authorization for the drilling for or development or production of oil or gas must demonstrate that it has the financial resources required to pay the greatest of the amounts of the limits of liability that apply to it;
(d) establishes a regime in respect of the development of transboundary pools and fields;
(e) provides for new circumstances in which information or documentation that is privileged may be disclosed;
(f) establishes a legal framework to permit the safe use of spill-treating agents in specific circumstances;
(g) harmonizes the environmental assessment process for projects for which the National Energy Board, the Canada-Newfoundland Offshore Petroleum Board or the Canada-Nova Scotia Offshore Petroleum Board is the responsible authority, as defined in the Canadian Environmental Assessment Act, 2012, with the requirements of that Act, including by establishing timelines for carrying out environmental assessments and creating participant funding programs to facilitate the participation of the public in environmental assessments; and
(h) creates administrative monetary penalty regimes.
Finally, Part 1 makes amendments to remove certain discrepancies between the English and French versions of the Acts, as well as to modernize the language in the Acts.
Part 2 of the enactment repeals the Nuclear Liability Act and enacts the Nuclear Liability and Compensation Act to strengthen the liability regime applicable after a nuclear incident. It also provides for the establishment, in certain circumstances, of an administrative tribunal to hear and decide claims and implements certain provisions of the Convention on Supplementary Compensation for Nuclear Damage. It also makes consequential amendments to other Acts.

Bill C-22—Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

That, in relation to Bill C-22, An Act respecting Canada's offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts, not more than five further hours shall be allotted to the consideration at second reading stage of the Bill; and

at the expiry of the five hours provided for the consideration of the second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

[The Acting Speaker, Conservative, Barry Devolin]

Pursuant to Standing Order 67.1, there will now be a 30-minute question period. I invite hon. members who may wish to ask questions to rise in their places so the Chair has some idea of how many wish to participate in the question period.

Questions, the hon. opposition House leader.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, this is another sad moment in Parliament. This is the 66th time that this government has used time allocation or closure in Parliament. In the past, the Conservatives complained about the corrupt Liberals imposing a record number of time allocation and closure motions, but the Conservatives have since broken that record. This is the 66th time they have used time allocation.

Here is why this is again not a very intelligent move, because we are talking about a bill about which the government has unfortunately not been able to bring good, solid legislation into the House. I can recall in 2008, Conservatives brought forward Bill C-15, and they were so embarrassed by the bill because it was so poorly drafted that they sat on it for three years. They never brought it forward. Bill C-15 went right through 2008, 2009, 2010, and 2011. Now they have introduced what they hope to be a better bill, a bill that does have some very positive aspects to it—there is no doubt—but a bill that has also raised some very serious questions.

Like Bill C-15, which they sat on for three years, they have been sitting on this, refusing to bring it to Parliament for debate for months. The issue is that we have a bill that has some flaws and also has some good things, and we certainly support the principle of the bill, but in the scant minutes of debate that the government has accorded so far, only a handful of members of Parliament have been able to speak and have been raising those questions.

Why has the government refused to bring it forward for debate? Why is the government so intent on refusing the types of amendments that need to be brought in to amend the bill? Why, for 66 times, has the government been running roughshod over parliamentary rights and democratic debate in the House?

[Greg Rickford, Conservative, Minister of Natural Resources and Minister for the Federal Economic Development Initiative for Northern Ontario]

Mr. Speaker, I appreciate the member's question. In fact, we are not limiting debate. We have had a significant amount of debate at this stage with respect to this piece of legislation. As the member knows, we are at second reading now. Then the bill goes to committee. Then it returns back to the House for further debate.

Therefore, I am unclear why he thinks we are limiting debate. Canadians have given us a strong mandate to focus on creating jobs and economic growth and, at the same time, putting in pieces of legislation, whether it is this particular one or in the context of our measures around world-class pipeline safety or marine safety to ensure that we have the right pieces of legislation in place for the health and safety of our communities and the protection of the environment.

Canadians expect our government to make decisions, to take action on our commitments, and that is what our government has done and is doing in the House of Commons in the context of this debate right now.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, once again, and for the 66th time in the House of Commons, we have seen the majority Conservative government's new approach to dealing with process inside the House. It is quite disappointing. What we have is a majority Conservative government that uses its majority to limit the debate inside the House.

Past government House leaders, both in opposition and government, have always recognized that there is a responsibility to sit down and negotiate in good faith so that the bills that are quite controversial get more debate than those bills that might not be as controversial and that all members will support.

The government has not been able to negotiate any sort of agreement regarding an appropriate passage of legislation through the chamber. It is, unfortunately, dependent on using time allocation, which is closure. The government does not like to use that word, but let there be no doubt that it is closure.

My question for the government House leader is this. Why, ever since the Conservatives achieved a majority government, have we seen this change in attitude from the Prime Minister's Office, which says that the only way we can pass legislation in the House of Commons is through closure? It is a sad day for the chamber. It is a sad day for all Canadians.

My question for the government House leader is: Why?

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, I cannot possibly answer that with as many words as the member has put forward. However, I can say that we are not limiting debate. In fact, we have had a significant amount of debate at this stage. I was here, speaking to this bill previously.

As the member knows, we are at second reading now, as I said before. The bill then goes to the committee and it returns to the House for further debate. I am unclear why he thinks this is limiting debate, but I can tell him that we will continue to keep our commitments to Canadians, introducing and advancing important legislation like the bill we are talking about today.

I look forward to debating this important piece of legislation, being here and being present, discussing it with all of our colleagues, having studied it in committee with parliamentarians hearing from expert witnesses.

Of course, the purpose of time allocation is to ensure that adequate time is allocated for further debate and consideration of the bill. That is the exercise we are going through right now.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, up is down and down is up in this place today. It is either time allocation or it is not time allocation. It is either closure or it is not. If it is not closure, we should be debating the bill, but we are not, because the government has invoked time allocation. This is what is happening, and it has happened time and time again in this place.

When I first arrived here, the government moved a time allocation motion on a bill that it said we had debated in the House in a previous Parliament. That was the government's justification for that time allocation.

There is no justification for this, except to mute debate, to limit the legitimate voices of opposition members—and Canadians—who want to participate in the right process of democracy in this place. That is something the government shows it has little respect for, time and time again.

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, I am not sure if I heard a question in there, but I will take this opportunity to speak more specifically to this bill.

There is no question that this is a pressing and substantial piece of legislation. It is consistent with our approach to responsible resource development, which as I said earlier, aims to increase jobs and economic growth opportunities for regions across Canada. It would ensure that the energy sector has safe and secure policy and legislation in place to protect the health of our communities and to protect the environment for all Canadians.

These measures, which are contained in this bill, would build on a sound system overseen by strong regulators to ensure world-class standards for Canada's offshore and nuclear industries. Obviously, we have had some good debate on this already. Our exercise now is to continue that debate. It will go for some time today. At that point, it will have a chance to go back to committee, where committee members are enthusiastic about further expert witnesses and participation from stakeholders on it. After that, we will bring it back here for further debate.

This is all good news. In this sense, today's exercise will ensure that parliamentarians have the opportunity they need to discuss and debate this, both here in the House of Commons and at the standing committee.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, the hon. minister is unaware that the closure motions, this being the 66th one, have the effect of depriving members of Parliament from adequately debating the bill. Particularly for smaller parties in this place and independent members of Parliament, the rotations on limitations like five more hours at second reading mean it is extremely unlikely for me to put forward the concerns I have at second reading, unless the Conservatives want to give me one of their 10-minute speaking spots, which I will gladly take.

I actually have had questions on the order paper. They are now answered. They confirm that the $1 billion liability could be removed. The Conservatives could remove the cap altogether without having any impact on provincial electricity rates, which has been one of the arguments used for keeping the cap. Also found in the response to the question on the order paper is that they have estimated that the risks of a large-scale nuclear accident would reach $100 million. We know what happened in Fukushima, Japan and $100 million as an estimate of loss is completely out of the realm of real estimates of a catastrophic accident. Then in the response to the question, they do go on to say, “The limit is not meant to address a catastrophic loss involving loss of containment”.

We need a lot more time to debate the bill so we find out why the regulator has decided not to address a catastrophic loss involving loss of containment. That is exactly the kind of nuclear accident for which Canadians want to know the operators are fully responsible.

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, I appreciate the hon. member's question and commentary. I can assure her that I have a full appreciation and understanding of the processes that take place in the House. I take great pride in my previous capacity as a parliamentary secretary and now as a minister, to be aware of those. I thank her for giving me an opportunity by way of her question to respond to that matter.

With respect to any questions and comments the member has to the substantive dimensions of this debate on the nuclear liability piece, the Government of Canada is bringing forward a modernized nuclear civil liability legislation that would bring the absolute liability of operators of nuclear facilities up to $1 billion. This is being done to be in line with other levels in other peer jurisdictions. There is an important emphasis on the word “peer” for those who may understand that, obviously with respect to countries that are engaged in similar activities. The legislation would also broaden the number of categories for which compensation may be sought and improve the procedures for delivering those compensations.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I had the privilege this morning of being in committee and hearing the Minister of Natural Resources address our committee about what his priorities were. We were told that the government had been clear that projects would not proceed unless and until it had been proven safe for workers, communities and the environment.

If nuclear and offshore oil and gas are so safe, why would we have to put any kind of liability requirement on it? We know and it is known around the world not to be safe. Serious questions have been raised in the community, particularly post-Fukushima and post-BP spill in the Gulf of Mexico, that the limits the government is imposing on liability fall far below the amounts of liability. Essentially what the government is saying is that the industry should go ahead, that it will limit its liability and that the public of Canada will cover it.

What is reprehensible is not so much that the Conservatives have limited debate in this place, but we are fast-tracking the review in committee before we even have the bill. There will only be two meetings to debate this. We will have probably two hours to talk to experts in these huge areas. The public will not have the opportunity to participate because these hearings will not go out to the public, to the coastal communities, to the Arctic coast and to the communities adjacent to the nuclear facilities, including the proposed waste management facilities.

The only place where the public would have an opportunity to hear the issues, and we the members of this place can raise the concerns that members of the public raise with us, is here. The Conservatives in their wisdom have decided they do not want to hear those concerns.

Why does the minister not want to hear from members of Parliament and why does he not want to hear from Canadians about their concerns with the potential far too limited liability?

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, I appreciate the hon. member's question. I have had a chance to work with her closely on other standing committees. She may be one of the best at packing 12 questions into one. I will try to deal with the number of issues she has raised and perhaps opportunities.

I get the sense from the way she put that question that she may be on a treadmill to provide energy for her own home. She seems to suggest that there are no other forms of energy that she would like to see in Canada. That would not be consistent with our record in Canada. More than 78% of our domestic energy is produced from non-emitting sources. It would not fairly reflect the dynamic supply potential that Canada has for energy and the safe way with which and by which they are delivered.

There are important elements of that. Obviously safety is the key. Safety addresses prevention, preparedness and response. To get to the finer point of her question of liability, liability is there for the penultimate purpose of providing that extra set of circumstances, as rare and remote as they might be, that protects Canadians.

First, with respect to nuclear liability and compensation, the government has taken into consideration, among other things, an amount that, in three regards, is sufficient to deal with the consequences of controlled releases of radiation.

Second, it is within the capacity of insurers to provide insurance at a reasonable cost.

Finally , it is in line with modern liability limits in other countries. Therefore, this amount would also put Canada's liability notably among the highest internationally. We are proud of that record.

After my visit to Rome, we were pleased to see that countries were looking to us as a model and a world leader when it came to the safety with which we produced and transported various forms of energy at home and for the purposes of energy supply abroad.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Mr. Speaker, I listened to what the minister said earlier, which was that we have had a good, wholesome, sufficient debate in the House. I wanted to clarify this for the minister. Maybe he is a little confused because we have had debate in the House on this bill at this stage only on one occasion, which was on March 25.

Therefore, my question for the minister is along the lines of why the hurry now. If the Conservatives wanted to ensure that the debate occurred in the House, then they had the opportunity to bring it back the next day. If they felt that it was an important and pressing matter that needed to be dealt with expeditiously, then they had the opportunity to bring the bill back into the House for debate the next day, or the day after, or the week after, even the month after, but they did not. Therefore, why the hurry today? What is the hurry now?

I am the closest New Democrat member of Parliament to the Pickering nuclear plant and I do not get a chance to speak to this bill. Therefore, my constituents in Scarborough do not get a chance to have a voice in the House on this bill because I probably will not be able to speak to it. Once again, the government is moving time allocation for, if I remember what my House leader said, the 66th time, breaking every record there is in the history of Parliament.

What is the hurry now? He had months to bring it up for debate. I would like him to tell all of us and Canadians why the hurry now.

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, the member is almost as good as the member for Edmonton—Strathcona. Let me address a couple of the issues.

First, I appreciate her question. I am not so sure, in the context of this debate or normal relations, I appreciate the condescending tone with which it was delivered. I am not confused about this. I can assure her that if she wants to have a speaking place, she should speak with the House leader for her party. I am sure, given the member's proximity to Pickering, he would be more than happy to accommodate for that.

However, I do know this. Canadians expect their government to make decisions and to take action on its commitments. That is exactly what we are doing here in the context of offshore activities and nuclear liability. We are going to continue to keep our commitment to Canadians by introducing and advancing important legislation.

It is quite timely that we are here having these debates around this legislation because it is consistent with actions we have taken quite recently in other areas of energy production, energy infrastructure and energy transportation.

I look forward to not only debating this important legislation today and having it studied at the committee by parliamentarians, but also taking into account and accommodation, the contributions of expert witnesses in that process.

The purpose of time allocation for this debate is to ensure that adequate time is allocated for further debate and consideration of a bill, but of this bill.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, Canadians also expect parliamentarians to do a proper review of legislation, to have the time in the House to debate the issues properly, to have the time at committee to have the witnesses in so it can do an adequate job. They also expect that proposals and amendments from opposition parties be considered as well. That is not happening under the government on most legislation. Maybe it will under the current minister. We know he is new. He is quite excited about getting legislation into the House. I would think he would want to see it given more time so he could profile all the good things he claims to be doing with the legislation.

Would that not be a better approach rather than, for the 66th time, the government implementing closure on this legislation?

I would like to see a new minister turn over a new leaf and allow Parliament to function as it should