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

[Greg Rickford, Conservative, Kenora, ON]

I guess turning over a new leaf is important, Mr. Speaker. It may not change my opinion of certain things that are important to my constituents, like what is in the bill, like a position on another important issue such as the gun registry.

I know the member opposite, coming from his particular riding, is keen to understand, to debate and to be assured that the proposed measures would strengthen incident prevention, response capability, operator accountability and transparency, particularly with respect to the offshore component for some geographical relevance, among other changes. This new legislation would enshrine in the statute of the principal polluter pays. Oil and gas companies operating in the Atlantic and Arctic offshore would be subject to the strictest liability in the world. Liability for the environmental costs and third party losses from spills would be absolute and up to $1 billion.

We are having this debate. I look forward to this moving on to the next step. The member's participation in the committee's important work would help ensure for him and his constituents that this government is on the right track when it comes to this legislation.

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, my question for the minister has to do with some simple math. I am talking about extending this debate for only another five hours. He knows, with the rotations that take place, that means no more than five more New Democrats will to get to speak. The last three of us who stood are all people waiting to speak. I suggest we should ask somebody else for a place. That is exactly the problem with time allocation. There is no place to ask for that because we want to speak to this bill.

It also undervalues the diversity of our country. The member for Scarborough—Rouge River wants to talk about nuclear liability because she is near Pickering. I represent Vancouver Island.

We are talking about maritime liability being set at $1 billion. We now have major pipeline projects coming forward on the coast. Is this a parallel for those? Every day tankers the same size of the Exxon Valdez will go by Victoria. Twenty-five years ago that spill cost $4.5 billion to clean up. I have some important points I would like to raise from the perspective of the west coast.

How does the member think we can accommodate the diversity of our country when he leaves only five spaces for the New Democrats in this important debate?

[Greg Rickford, Conservative, Kenora, ON]

Again, Mr. Speaker, I am quite hopeful, knowing the House Leader of the Opposition, as I do, as the completely accommodating gentleman he is, that he is going to see to it that NDP members who have some specific concerns have an opportunity to speak to this bill. I am sure that his twitching arm means that he is excited to get them on the roster.

That notwithstanding, the member raised a really good point in his question. It was along the lines of alignment with respect to liability on a couple of key measures, some of them relevant to his riding. I have lived in Langford. In fact, I have been back and forth to British Columbia over the past three weeks. People are talking with a great deal of enthusiasm and excitement about the pieces Canada is putting in place to ensure that the safety, preparedness, prevention, and liability regimes are in place for these dynamic energy, transportation, and infrastructure requirements coming forward from the British Columbia government, for example, with respect to LNG, and their implications for pipeline safety and shipping.

There has been tremendous enthusiasm from my British Columbia ministers. They are looking forward to this as it pertains to offshore and tanker safety and liability limits. I know that they are looking forward to support from NDP members from British Columbia on these important points. We will be curious to see which way they stand in this place on those issues, because of course, British Columbians are depending on their federal parliamentarians to represent their interests in responsible resource development that puts a particular focus on environmental protection and the economic opportunities that go along with energy production, transportation, and infrastructure.

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

Mr. Speaker, New Democrats do not represent the government yet, but on October 19, 2015, this will be the government side of the House. There is no doubt.

What the minister just said is, I think, quite disingenuous. There were two very good questions from the members for Scarborough—Rouge River and Esquimalt—Juan de Fuca, both of them saying that it is a real problem when 280 members of Parliament are cut off from being able to speak to a bill. It is not up to the minister to then say that the Conservatives will let a few of them speak, and somehow that makes it okay. This particular time allocation motion shuts 280 members of Parliament out of the debate on what the minister admits is a very important subject.

The Conservatives do not seem to want to speak to these issues or any others. They just do not seem to represent their constituents. However, New Democrats actually care about the quality of the legislation we bring forward and its impact on the lives of Canadians. How can the minister accept that 280 members of Parliament are being denied their ability to speak on behalf of their constituents on this bill and to offer improvements so that the bill can be fixed, unlike Bill C-15, which languished for three years until the government dumped it? How can he shut 280 members of Parliament out of this important debate?

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, our government has faced continued attempts by the opposition to delay and obstruct these important bills.

My reference in a previous question to government was the B.C. government. The member knows that. Any capacity New Democrats have to understand how government works would be for them to actually support what British Columbians and the British Columbia government is looking at right now, which is to ensure, for the benefit of folks in that beautiful province and for Canadians across the country from coast to coast to coast, that they have the right pieces of legislation in place when it comes to energy as a general matter, and then as we advance debate and discussion, the specific types of legislation.

Canadians then expect their government to make decisions and take action on our commitments. That is what our government has done with this particular piece of legislation. I look forward to this process continuing, including today, with debate, the important activities that will occur at the standing committee, and then a return to the House.

[The Acting Speaker, Conservative, Barry Devolin]

The 30 minutes for debate has expired. Consequently, the question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Conservative, Barry Devolin]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Conservative, Barry Devolin]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Conservative, Barry Devolin]

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #156

Energy Safety and Security Act

[The Acting Speaker, Conservative, Barry Devolin]

I declare the motion carried.

I also wish to inform the House that because of the proceedings on the time allocation motion, government orders will be extended for 30 minutes.

The hon. Chief Government Whip is rising on a point of order.

[John Duncan, Conservative, Vancouver Island North, BC]

Mr. Speaker, I request that we see the clock at two o'clock.