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

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Joe Oliver  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-15 (40th Parliament, 3rd session) Nuclear Liability and Compensation Act
C-20 (40th Parliament, 2nd session) Nuclear Liability and Compensation Act
C-5 (39th Parliament, 2nd session) Nuclear Liability and Compensation Act
C-63 (39th Parliament, 1st session) Nuclear Liability and Compensation Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-22s:

C-22 (2022) Law Canada Disability Benefit Act
C-22 (2021) An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
C-22 (2016) Law An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts
C-22 (2011) Law Eeyou Marine Region Land Claims Agreement Act
C-22 (2010) Law An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service
C-22 (2009) Law Appropriation Act No. 1, 2009-2010

Votes

Sept. 25, 2014 Passed 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 one further sitting day shall be allotted to the consideration of the third reading stage of the Bill; and That,15 minutes before the expiry of the time provided for Government Business on the day allotted to the consideration of the third 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.
May 29, 2014 Passed 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 that, 15 minutes before the expiry of the time provided for Government Orders on the third day allotted to the consideration at 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.

Energy Safety and Security ActGovernment Orders

May 29th, 2014 / 9:25 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I would like to thank my hon. colleague for all of his hard work on behalf of his constituents.

Today, I read an op-ed in the Manitoba Co-operator, where my colleague from Welland was quoted as saying that we all came together as parties to move through Bill C-30, the railway act. Here we had this instance of co-operation. It is something that often does not happen. All parties got together, the government listened, we made suggestions and, all of a sudden, we had a bill that benefited all Canadians.

This is a golden opportunity for this bill to go to committee and for the government to listen and not do what it did, for example, when I was on the agriculture committee studying the food safety bill. Both the NDP and the Liberal Party provided something like 25 amendments, and not one was accepted. That is not how government works and that is not how democracy should work. This is an opportunity.

I welcome the question from the member for Winnipeg North. I really hope that once it gets to committee, we will have this debate and strengthen the bill so it will be our bill on behalf of Canadians, not just the government's bill.

Energy Safety and Security ActGovernment Orders

May 29th, 2014 / 9:25 p.m.

NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I congratulate my hon. colleague for his excellent speech. He provided an excellent explanation of all the good aspects of the bill and of the elements that should be fixed.

The NDP, the official opposition, supports the polluter pays principle. The Conservatives claim they also support the polluter pays principle. However, although this bill is a step in the right direction, it does not quite go far enough. Once again, the taxpayers, the everyday citizen, including the people of Drummond who pay their taxes, will have to foot the bill for any disasters that result from accidents.

Could my colleague speak a little more about his position on the polluter pays principle? How would the bill have to be improved in order to observe the polluter pays principle, which is a principle of sustainable development?

Energy Safety and Security ActGovernment Orders

May 29th, 2014 / 9:25 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I thank my colleague for his question. I also thank him for the work he does for his constituents and the work he does in the House.

Taxpayers should not be responsible for the mistakes made by large corporations. Oil companies must absolutely contribute and must pay when there are environmental risks. That should not be up to taxpayers.

The issue is not only the $1-billion limit. What would happen if it cost $2 billion? Would that mean that taxpayers would have to cover the $1-billion difference? I do not think so.

The bill must absolutely include the polluter pays principle, not just for the nuclear and oil industries, but also for all industries. If you run the risk, you pay the price.

Energy Safety and Security ActGovernment Orders

May 29th, 2014 / 9:25 p.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, agreeing on legislation is already quite a difficult exercise, but the other problem is that, with this government, passing legislation is absolutely no guarantee that it will be implemented.

We are told that we will have very strict safety standards. It looks really nice on paper, but what about their day-to-day application?

For the past two years, the practice of transporting oil by rail has increased by 900%. We should therefore expect that there is a decent railway safety system in place. Is there?

Regarding the number of audit investigations, only 26% of the minimum number of audits is carried out, and 100% of these 26% are poorly done. That is unbelievable. In addition, there is no follow-up of violations. This has got to be the pinnacle of mediocrity. It is a remake of the Pan Am Airways scandal, when they charged clients an additional fee to guarantee their safety, but it was only a marketing scheme. In fact, the company had changed absolutely nothing. We also know what happened with Lockerbie. This is another problem.

We can argue about legislation, but when the government still refuses to implement it, this is when we get such poor results. This is when a Lac-Mégantic disaster happens.

There have been major developments in terms of nuclear liability. The nuclear industry of 1976 and the nuclear industry of today are very different creatures. There are mining facilities where ore enrichment is carried out. This is also a dangerous process. Nuclear plants are not the only ones at risk of exploding. Nuclear plant explosions are bad enough, but now there are more and bigger mines that have ore enrichment processes. That is dangerous. This is something new. It must be discussed.

The nuclear industry also produces medical materials for treatments. Radioactivity is used for medical purposes, if you will. There are plants that make these materials. There are plants that handle radioactive materials. This is dangerous. We must discuss this as well. Therefore, the dangers that were noted in 1976 are very different from the dangers today. We must talk about this and we must make regulations. We must be sure that Canadians are protected and that they are compensated adequately in the event of an accident.

If it costs $2 billion or $3 billion, will you tell Canadians that you are sorry and that it is first come first served? When there is no more money, will you say that is just too bad for them? I do not think that Canadians will particularly like this. It will be up to the taxpayers to foot the bill.

For people who say they want to protect taxpayers, they are being awfully generous to those who systematically expect taxpayers to pick up the tab. Canadians should not be the ones paying the price for these situations.

This law has been in need of change since 1976. Here is a fact: in 1976, inflation was at 10%.

I do not need to point out that, even back then, $40 million was too little. Imagine what that is worth now. It is not enough for anything. All it would pay for is relocating people to a hotel for a few days. That would eat up the $40 million. That number really needs updating.

We want something comprehensive. That is why we are sending it to committee. We have things to talk about and we need to hear from experts. The experts will give us some very interesting information. We have to take the time to listen to them.

What can I say about the wonderful stuff that is oil? Do we need it? Yes. Will we keep needing it? Yes.

I listened to the comments by my colleague from British Columbia. When I was in the northern part of that province, I saw what they were using as a rescue boat.

Believe it or not, it was basically a rowboat. Anyone who thinks a little motorboat can stop an out-of-control tanker from running aground off the coast of British Columbia is mistaken. The Coast Guard is definitely not equipped to deal with these challenges. They have nothing.

Unfortunately, the people who promise to respect the environment and so on are the same detestable bunch that did such a wonderful job in Port Valdez, the same rotten pack that did such fabulous work in the Gulf of Guinea and the Gulf of Mexico, the same despicable gang that performed so admirably off the coast of the Philippines. Those people never paid the bills. The Exxon Valdez cost $7 billion, and the case is still before the courts. Nobody was ever compensated, and that was a long time ago now. No, those people do not want to pay for their irresponsible actions. It might be a good idea for Canada to have ways to protect itself from that.

Energy Safety and Security ActGovernment Orders

May 29th, 2014 / 9:35 p.m.

The Acting Speaker Barry Devolin

It being 9:36 p.m., pursuant to an order made earlier this day, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Energy Safety and Security ActGovernment Orders

May 29th, 2014 / 9:35 p.m.

Some hon. members

Agreed.

Energy Safety and Security ActGovernment Orders

May 29th, 2014 / 9:35 p.m.

An hon. member

On division.

Energy Safety and Security ActGovernment Orders

May 29th, 2014 / 9:35 p.m.

The Acting Speaker Barry Devolin

(Motion agreed to, bill read the second time and referred to a committee)