Offshore Health and Safety Act

An Act to amend the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and other Acts and to provide for certain other measures

This bill was last introduced in 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.

This enactment amends the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (the “Accord Acts”) in order to increase the level of safety and transparency of offshore petroleum activities.
The main purpose of the amendments is to establish a new occupational health and safety regime in the offshore areas.
In addition, it amends the Accord Acts to, most notably,
(a) ensure that occupational health and safety officers, special officers, conservation officers and operational safety officers have the same powers for the administration and enforcement of the Accord Acts;
(b) clarify that the new occupational health and safety regime applies to the transportation of persons who are in transit to, from or between workplaces in the offshore areas;
(c) require that any occupational health and safety regulations that apply to the transportation of persons who are in transit to, from or between workplaces in the offshore areas be made on the recommendation of the Minister of Transport; and
(d) authorize each of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board to publicly disclose information related to occupational health and safety if it considers it to be in the public interest.
It amends the Hazardous Materials Information Review Act to enable health and safety officers to get privileged information and to enable employers subject to the Accord Acts to apply to the Chief Screening Officer for exemptions from disclosure requirements in the same manner as employers under the Canada Labour Code. It also amends the Access to Information Act to prohibit the disclosure of certain information.
It amends the Canada Labour Code to closely follow the Accord Acts with respect to the time frame for the institution of proceedings, and with respect to prohibitions on the sharing of information and on testimony.
It also amends certain Acts and regulations to make terminological changes that are required as a result of certain amendments to the Canada-Newfoundland Atlantic Accord Implementation 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.

Votes

May 12, 2014 Passed That the Bill be now read a third time and do pass.
Nov. 26, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Natural Resources.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:20 p.m.


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The Acting Speaker Barry Devolin

I do not know, but possibly the hon. member for Brome—Missisquoi might.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:20 p.m.


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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I would like to thank my colleague for his question, and I thank him for the amazing work he does in his riding.

I do not know what it is like to be in their shoes, but I think our friends opposite rejected a very reasonable amendment because they are not used to collaborating with the provinces and territories. Only by working together with the provinces will we succeed in providing adequate protection.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:20 p.m.


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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, I will be splitting my time with the member for Sackville—Eastern Shore.

I am pleased to rise today to speak in support of Bill C-5, an act to amend the Canada-Newfoundland Atlantic Accord Implementation Act and other related acts. The bill has been a long time coming. It is a positive and necessary step forward to improve worker safety in the oil and gas industry in general.

My mind drifts back to the Ocean Ranger disaster. When I was a teenager living on South Mountain in the Annapolis Valley in Nova Scotia, we did not have a TV, but my family was glued to the radio listening to reports of that tragedy on February 1984. There were 84 lives lost and no survivors. I know that the Ocean Ranger tragedy really prompted a hard look at how we regulate the oil and gas industry, especially offshore, but increasingly closer to shore.

For me, the Ocean Ranger tragedy was a dramatic coming of age event that really forged my first thoughts about what government does. It really helped a lot of Canadians make a connection between worker safety, the oil industry, and the importance of what government can do to make sure it protects workers and the public. This kind of tragedy cannot happen again.

I am glad we can support the bill and the work of the Newfoundland and Nova Scotia governments in putting this in place. I feel that the bill would go some way to improving safety for those who work in the oil industry and would make sure that we never again have a similar disaster.

The bill also shows what can be achieved when the federal and provincial governments work together to further the public good, something that happens all too infrequently under this government. In fact, I know that the government often refuses to talk to provincial governments about matters of such importance. However, in this case, it has been prompted to act.

I would like to expand my speech a little to comment on the attitudes of some of the companies involved in this industry, why this legislation may not go far enough, and why we need to improve or have even better regulation of the oil and gas industry in Canada in general.

Because I am from the west coast, representing the beautiful riding of Burnaby—Douglas, the examples I am going to use are from the west coast.

While Bill C-5 would increase safety in the oil and gas industry on the east coast, there is still much work to do on the west coast. As we know, two companies have applied to build two massive new pipelines through British Columbia. They are Enbridge and Kinder Morgan. These two companies plan to move almost two million barrels per day of bitumen-based crude oil by tanker through B.C. waters to foreign ports. This would mean approximately 600 new supertankers off the B.C. coast, with no extra protection.

The biggest oil port in the world is in Saudi Arabia. It moves about nine million barrels a day of oil. In combination, if Kitimat and Burnaby ports were to be expanded, we would be close to two million barrels a day of oil, which would move us within the top 10 exporting regions in the world, which is a sizeable expansion of our exports. In fact, although we are considering these new pipelines and an expansion of tanker traffic, the government is really going in the opposite direction of what it should be doing, and instead of improving safety measures on the west coast, it is putting British Columbians at risk.

For example, the Conservatives closed the Kitsilano Coast Guard station in February 2013, which was the busiest Coast Guard station in the country. The government also closed the Port of Vancouver monitoring centre, which provided eyes on port traffic. When we think we are going to be increasing oil tanker traffic to the extent the government seeks to do, this really seems to be going in the opposite direction.

Instead of closing Coast Guard bases, one would think we would be opening new ones, and instead of closing monitoring stations, one would think we would be expanding those facilities. Instead, we have gone in the opposite direction, making tanker traffic less safe on the B.C. coast rather than making it more safe. Actions such as closing these facilities cannot do anything but weaken safety on the west coast. It really seems absurd, considering that companies are proposing to move millions of barrels of oil by tanker.

These two pipeline projects are of course highly contentious and vehemently opposed by local communities, including the cities of Kitimat, Burnaby, and Vancouver and many other municipalities up and down the coast. Over 130 first nations have signed an accord against the two pipelines, citing safety as one of their main concerns.

It would appear that the only supporters of these pipelines are the Conservatives, who have stated on a number of occasions that they want to put in these pipelines, ram them through British Columbia.

The Liberal leader, on February 9, in the Calgary edition of Metro, stated:

I am...very interested in the Kinder Morgan pipeline, the Trans Mountain pipeline that is making its way through. I certainly hope that we’re going to be able to get that pipeline approved.

Here in the House, both the Liberals and the Conservatives are in overwhelming favour of these pipelines, where most British Columbians have huge concerns. Most of these concerns are related to the safety issues, impacts on the environment, worker safety, and public safety in general.

New regulations are put in place because oftentimes the companies will try to get away with as much as they can, and it is up to governments to make sure that they are safe.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:25 p.m.


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The Acting Speaker Barry Devolin

Order, please. The hon. parliamentary secretary is rising on a point of order.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:25 p.m.


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Conservative

Dan Albas Conservative Okanagan—Coquihalla, BC

Mr. Speaker, I rise on a point of order. I certainly appreciate my fellow member from British Columbia, but I think he has gone off topic on pipelines, et cetera. I think he should be keeping in mind that this chamber is addressing the legislation that is before us, not other issues that may be quite important to the member but not necessarily pertinent to the issue here, so it is on relevance—

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:25 p.m.


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The Acting Speaker Barry Devolin

Rising on the same point of order, the hon. member for Saanich—Gulf Islands.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:25 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, with all due respect, I do think that Conservative members will have to tolerate speeches that are not on the point of the legislation when the Conservative majority has chosen to label the legislation with a title that does not match its content.

This bill is not about safeguarding our seas and skies, so if members choose to address the topic of safeguarding our seas, I do not think it can be called out of order.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:25 p.m.


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The Acting Speaker Barry Devolin

First of all, I recognize that the Standing Orders of this place do require that members address the matter that is before the House and that they keep their comments relevant to that. Having said that, as I have also said many times in the past, there is significant latitude allowed to members to talk about different aspects relating to the bill.

Finally, some of the commentary, if it relates to the substance of the matter, ranges into the issue of debate as opposed to a point of order.

The hon. member for Burnaby—Douglas.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:25 p.m.


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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, I appreciate your allowing me to continue my speech. I realize there is sensitivity on the other side of the House because of the Conservatives calling British Columbians radicals and trying to adjust legislation in any way that they can to force through their projects. However, disasters like the Ocean Ranger show us how important it is that we get these things right. I am afraid that the Conservatives have it wrong in terms of these pipelines.

Getting back to the companies, sometimes it is hard to see how these companies have the well-being of the public in mind. I will use another example from British Columbia.

In its submission to the National Energy Board, Kinder Morgan stated the following in its facilities application, volume 7, page 86, which I think gets right to the point:

Pipeline spills can have both positive and negative effects on local and regional economies, both in the short and long term. Spill response and clean-up creates business and employment opportunities for affected communities, regions, and clean-up service providers. This demand for services and personnel can also directly or indirectly affect businesses or resource-dependant livelihoods. The net overall effect—

Again, this is a company that is talking about a positive effect when there is a spill.

—depends on the size and the extent of the spill, the associated demand for clean-up services and personnel, the capacity of local and regional businesses to meet this demand, and the willingness of local businesses and residents to pursue response opportunities....

It is unbelievable that we have an oil company putting forward a proposal for a new pipeline that goes on in its application to stress, to emphasize, that if there were a spill, a catastrophe, that it would be of net benefit to the local community. That is why we need strict regulation and strict oversight, and why we should not be rushing through with these projects just because a company sees an advantage if we have a disaster.

This outrageous statement by Kinder Morgan in its application has made it around the world and has made Canada a laughing stock. For example, this comment has made it to the Rachel Maddow Show, shown on MSNBC.

In defending the statement, Kinder Morgan stated that it is required by law to include such statements in its applications to the National Energy Board. It is saying that spills are regrettable, but when they happen, they are of positive benefit to the community, which is ridiculous. Then it is trying to backtrack and say that it is required by law by the NEB.

However, a spokesperson for the National Energy Board said that the company is misleading the public, and the National Energy Board instruction, “...does not say that we expect to see an assessment of the positive benefits of a potential spill. In this case (Kinder Morgan) has chosen to indicate that there will be economic benefits...of a spill or malfunction”.

This is a very bizarre way to look at these projects. It is important to pass the legislation that we are passing here today because it keeps these companies in line and makes sure that public safety is at the forefront.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:30 p.m.


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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, this bill is an example of what can be done when the government properly consults and works with the provinces. Could the member speak to this issue and perhaps mention how the NDP would approach legislation such as this going forward?

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:30 p.m.


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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, I thank my colleague for his question and all the great work he does in the House.

As just one example of how the Conservatives are changing regulations in a negative way in this country, National Energy Board applications for expansions of facilities used to take two or three years. There was proper consultation with the public. They have changed that legislation to force the National Energy Board to squeeze all applications down to 15 months, and the National Energy Board, because of this, is no longer allowing oral hearings for these applications. People will no longer have a proper say on the expansion of any kind of facility in Canada, whether it be a pipeline or other oil processing facility, which is the wrong way to go.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:30 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I was not merely being facetious on the point of order earlier. I find it bordering on outrageous that a bill like Bill C-3 is called the safeguarding Canada's seas and skies act. It is a deliberate attempt to mislead Canadians into thinking that this is an environmental law. The major environmental legislation of this country, and I speak as someone who practised environmental law, has been eliminated.

The “skies” part of this legislation deals with some administrative matters related to the investigation of air crashes. The “seas” part of this legislation deals with international treaties Canada has signed onto for some time for liability in the event of oil spills. Nothing about either is safeguarding anything.

I would ask my hon. colleague if he would comment on what a proper safeguarding our seas and skies act might contain.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:30 p.m.


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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, if the government was doing the correct thing, it would allow Canadians a proper say not just on expanding or building facilities but on a whole review of how it deals with the expanding oil and gas sectors in this country. The public, in general, is shut out, and of course, the government has to have meaningful consultations with first nations, which it is totally disregarding. In fact, this is causing all kinds of strife within British Columbia. It is very alarming, and in the long run, will not serve the country well.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:35 p.m.


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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, we have gotten used to the idea that our friends opposite want to deregulate everything, including the matter at hand. I would like to know why the Liberals did nothing to protect health and safety and the environment at offshore sites.

Offshore Health and Safety ActGovernment Orders

May 8th, 2014 / 4:35 p.m.


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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, my colleague raises a good point, and I thank him for all the great work he does in the House.

We have seen examples on both sides, whether the Conservatives are in government or the Liberals are in government, where they are willing to let businesses run wild and only act after there is some kind of tragedy. That is the wrong way to go. The way to get around this, of course, is to have proper reviews of legislation. If they are expanding a particular sector, they have to make sure it is done safely. Past governments have failed to do that, and that is why we need an NDP government, because it would do it right.