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.

Energy Safety and Security Act

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I know the member's question is specific. I will not necessarily give such a specific answer. I am not a specialist in the matter.

What I said in my speech is that what I want to avoid is that it falls on Canadians, everyday Canadians, to pay for these things. The idea behind the legislation is to try to have reasonable amounts covered. I am not so sure about the amounts that are there and whether the committee had the chance to do a proper study of what those amounts really represent for the industry and Canadians.

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, I thank my colleague for her eloquent speech.

If the nuclear industry is truly mature, it should cover costs in accordance with the polluter pays principle. Unfortunately, this bill maintains subsidies to the industry and downloads the financial risk onto taxpayers for costs that exceed $1 billion.

Taxpayers are not the ones doing the polluting.

Does my colleague think that citizens deserve better protection if companies make a mess?

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, that is our biggest complaint about Bill C-22. If the Conservatives really wanted to protect Canadians and the environment, they should have harmonized the two parts of Bill C-22 by imposing the same standards on the nuclear energy and oil and gas sectors.

That is what has me stumped about this bill. The government has not provided an adequate, acceptable or reasonable response to explain this double standard that seems to exist between the oil and gas industry and the nuclear industry. Is it because the government knows that damage caused by the nuclear industry would be much worse and more costly and, in that case, it is not prepared to force the industry to provide compensation?

I do not know what is behind all this, but something does not feel quite right. I think it is a shame that a thorough study of the bill was cut short to benefit the people who keep telling us about their nice nuclear industry in television ads. Congratulations, they do things. We must not think that the nuclear industry is fundamentally bad. The nuclear industry does a lot of very good things, but let us be realistic.

We do not talk about it enough, but there is potential for human error. I realize that there may not have been any errors yet, but something could happen. To err is human. That is what we have to protect ourselves against. We must ensure that we treat the industries the same way.

[The Acting Speaker, Bruce Stanton]

Before I recognize the hon. member for Esquimalt—Juan de Fuca, I will let him know that there are only two and a half minutes remaining in the time allowed for debate on the question. However, I will give him the usual signal, and I am sure he will have something to add to the debate this afternoon, even if it is for two and a half minutes.

The hon. member for Esquimalt—Juan de Fuca.

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

Mr. Speaker, the fact that there are only two and a half minutes remaining to debate this bill really does illustrate the point that many members have made on our side.

The government has now used time allocation 80 times. It shows that what I want to say about this bill will not get into the record today. I cannot possibly deal with this matter in two and a half minutes. Other members of our caucus will not be allowed to speak at all on this very important bill.

Previously the member for Gatineau was talking about how this bill was considered when it was in committee. There were only two days of hearings, in which only nine witnesses called, and on the second day those hearings were cut short, and understandably, by bells in the House. Then time allocation and scheduling that were forced on the House and on its committees by the government meant that the committee was not able to complete its consideration of the bill.

Then only one day was given to deal with possible amendments to the bill. There were 32 amendments submitted from the opposition. If we think about the amount of time, namely two hours, with 32 amendments and four opposition members, it is clear that the government was not interested in hearing what people had to say, because they were allowed about one minute each to explain these amendments. Obviously, on a very technical and important bill, one minute per amendment is not taking Parliament and democracy seriously.

It is an indication that the government is not prepared to listen to anything that people have to say on this side of the House. It is indicative of what I would say is the Conservatives' attitude toward democracy. For them it seems to be all about winning and only about winning.

Lately we have seen yet another Conservative member who took that idea way too far. He was forced to leave the House because of his disrespect for the rules about making politics fair.

Time allocation is also indicative of the government's attitude toward debate. It seems to believe that debate is something it has to sit through until it gets its way. For me, debate is very important here. I was elected by my constituents to bring their concerns to the House of Commons, and those concerns will vary from member to member. I represent a riding on Vancouver Island. There are people who represent an entire country. On the same bill, the interests of our constituents will be different, even if we are in the same party. The government seems to view all of this as a needless process because it won the election. I have a much higher view of democracy than that.

[The Acting Speaker, Bruce Stanton]

It being 1:15 p.m., pursuant to an order made Thursday, September 25, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third 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?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Bruce Stanton]

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

[Some hon. members]

Yea.

[The Acting Speaker, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Bruce Stanton]

In my opinion, the yeas have it.

[Some hon. members]

On division.

[The Acting Speaker, Bruce Stanton]

(Motion agreed to, bill read the third time and passed)

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

Mr. Speaker, I rise on a point of order. I would seek concurrence to see the clock at 1:30 p.m.