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. The Library of Parliament often publishes better independent summaries.

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

October 31st, 2013 / 10:55 a.m.
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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, obviously the kind of language used by the minister and other representatives of the government in dismissing concerns about climate change, dismissing representations being made by environmentalists and others, and dismissing science in general has been detrimental to the case for proper development of oil and gas in the country.

In fact, the government has made it difficult for people to understand the details and to be able to participate in regulatory reviews. That has led to tremendous difficulties in the United States, where there is strong opposition to the Keystone pipeline development and others. The government has itself to blame for some of the opposition that has occurred. I agree with the member on that point.

In this particular case of the offshore safety regime, I would like to underscore my concerns about this regime not being an independent safety regime. That is an important aspect of our participation in this debate.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:30 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I am pleased to rise in debate on Bill C-5. One of the greatest privileges of being a member of this place is the opportunity to create and improve legislation that positively impacts the lives of our fellow Canadians. I believe, in fact, that Bill C-5 is a case in point.

It is not news to Canadians that our country places great economic importance on the development of natural resources. Throughout our history, that has been the case. Forestry products, natural gas, hydroelectricity and oil are cornerstones of our export market and contribute immensely to the creation of jobs for middle-class Canadians. Some of our natural resources are also extracted offshore. In Nova Scotia and Newfoundland and Labrador people know the importance this activity has for their economies.

The offshore sector is, of course, the subject of the bill, specifically the occupational health and safety of offshore workers. Mirror legislation has already received royal assent, in fact, in Newfoundland and Labrador and in Nova Scotia. While the bill is quite large, several hundred pages or more, some observers have noted that it primarily lays down in law things that are already happening in practice. Unfortunately, one issue that the bill does not address is recommendation 29 from the Offshore Helicopter Safety Inquiry led by Commissioner Robert Wells.

The Wells inquiry was established by the Canada-Newfoundland and Labrador Offshore Petroleum Board following the 2009 helicopter crash about 30 nautical miles off of St. John's, Newfoundland. As members may recall, the helicopter was carrying 16 people to work in the offshore fields when it crashed, killing 15 of those workers and the two pilots. Commissioner Wells recommended that a new, independent, stand-alone safety regulator be established to regulate safety in the offshore. In fact, I asked the minister about that idea a little earlier.

The commissioner went on to say that if recommendation 29 was not feasible, a separate and autonomous safety division of the C-NLOPB should be created to deal only with safety matters. Unfortunately, Bill C-5 does not implement this recommendation in either of the ways the commissioner offered as options. I would urge the Conservative government to see if it can address this fact when the legislation is sent to committee, which I think it will be, and amendments are brought forward. If that cannot be done, perhaps it could bring forward legislation soon, working with the provinces involved, obviously, to deal with this.

As Canadians, we are well aware, of course, of the oil sands. Its production, export and environmental impact colours the discourse of the government every day. It is often talked about here in the House, and these days in the U.S. as well. Lesser known but still valuable is our domestic offshore oil and gas industry operating in the coastal waters of Newfoundland and Labrador and Nova Scotia, even though in Nova Scotia there has been a decline in revenues from the offshore in recent years as the production of gas from existing wells declines and with the relatively low price of gas in North America. In fact, in North America the gas level price is about $3 whereas in Asia it is between $14 and $18, so there is quite a variation. That means that there is a little less interest these days in more costly exploration offshore versus production onshore, as is happening a great deal in the U.S.

The offshore industry in Newfoundland and Labrador produced more than 28 million barrels of oil in 2013. In Nova Scotia, offshore production accounts for a significant portion of the province's annual revenue, although it has been declining. The offshore oil and gas industry provides employment for Canadians and security for their families, for thousands of people. My hon. colleague from South Shore—St. Margaret's, for instance, would know this having worked in the offshore. He would also understand that the primary concern of the industry is its own economic viability and success. Meanwhile, as legislators, it is our responsibility to strike a careful balance between the economic success of Canadian business and the rights of employees, and of course consideration for our environment. There are and must be times when these latter two take precedence.

Bill C-5 is one of the many tools to achieve this. Canada is often referred to as a nation rich in natural resources. We must ask ourselves how we should behave when we are labelled in this way, especially these days when there is so much concern about the impact on the environment of the exploitation of natural resources and when we need to have the social licence, whether it be within our country or beyond our borders in the case of the Keystone XL pipeline that has been proposed for example, when we need to have support elsewhere for what we are doing and a recognition that we are making important efforts and doing everything we can to ensure the environment is protected. I do not think most Canadians believe for a moment that the Conservative government has been doing that.

It seems to me that we should also be striving to set an example for other countries by valuing our human capital as much as we value the wealth we derive from our natural resources. The bill is very much about our human capital as we are thinking about the safety and health of our workers.

The bill will in fact effectively solve the issue of jurisdiction surrounding the occupational and operational health and safety in the Canadian offshore oil and gas industry. That is an important thing to do. It is frustrating that it has taken over 10 years to do that. This process has been under way and we have been discussing it a long time.

Nevertheless, for this reason, because it is achieving this, the Liberal Party supports Bill C-5. We believe we need to move the legislation to committee so that it can be studied, and if necessary improved. We certainly look forward to the opportunity to examine the bill, to hear from experts and to consider possible improvements.

The original offshore accords were signed in the late 1980s by Newfoundland and Labrador, and Nova Scotia. They were designed to establish guidelines for revenue and responsibility sharing of offshore oil and gas assets. These assets have since proved to be economically rewarding, especially so in Newfoundland and Labrador, and have supported programs beyond the scope of resource extraction.

Bill C-5 seeks to clarify jurisdictional issues that arise between occupational health and safety and operational safety, to create a streamlined process for rectifying health and safety issues and to assign responsibility. We do not want to have any doubt, when there is an accident in the offshore, about whether it is a matter of federal or provincial jurisdiction. We want to know that there will be clear laws, that the courts will know which laws apply, and that nothing falls through the cracks. We want to know that people are protected and that in the worst case scenario, God forbid there is another accident like the helicopter accident, families seeking redress know where to go, what to look for and what laws apply to them. That is obviously important.

The right to a safe workplace is one that all Canadians must enjoy. It is fundamental for all of us. Those of us who work in this place are very fortunate. We have a very safe environment, at least in terms of actual health and safety. I did not say it was secure, especially when elections come along. Nobody here has job security for more than four years or so.

However, we are very fortunate in the kind of work we do in this job. Generally speaking it is pretty good for health and safety. We do not have to engage in the kinds of work that some people in our country do have to engage in. We can think of that television show Dirty Jobs. There are many jobs in this world that are dangerous and challenging.

This morning as I left my apartment and walked here, the first thing I saw was a new building under construction across the street. I was thinking about the construction workers and the kinds of things they have to learn to work on a site such as that. There are health and safety things they have to learn to know how to operate in an environment where it can be somewhat dangerous. If they back up the wrong way or take the wrong step, they could be in a big trouble on a construction site with a building that is already 10 storeys high, and as I learned this morning, is going to be 22 storeys. That is the kind of place where people want to be careful.

The right to a safe workplace is something the government should keep in mind as it proceeds also with Bill C-4, the omnibus budget bill.

Though a safe workplace is not the reality for all, through the years, governments and parliamentarians have worked with stakeholder groups to improve the conditions faced by Canadians in their places of employment. That, obviously, is incredibly important work. Bill C-5 is an example of these efforts. In this case they are the efforts of the provincial and federal levels working together, which is nice to see. It is our collective responsibility, whether as a legislative body, employers or employees, or society as a whole, to ensure that the right to a safe work environment is respected. It is absolutely vital.

Conditions for employees on offshore drilling projects should be comparable to those found on land-based projects. There is no question that a drilling rig, whether offshore or onshore, can be a very dangerous environment. My brother at one time worked on offshore oil rigs, and I have certainly heard stories from him about the nature of them and what he had to learn before he could work there, especially if the work was around the equipment that was the most dangerous.

The mode of transportation to their work site should be safe and reliable. Think about the helicopter accident. Employees of the oil and gas sector offshore and their families should be able to leave for work with confidence that they will be returning safely home. They should be able to voice their concerns about unsafe working conditions when they find them without fear of reprisal or the frustration of drawn out and murky processes. It is important that the processes be clear and expedient.

It is our job to transform these topics of concern I have just listed into topics of confidence. Employees and their families can be confident that what is proposed in Bill C-5, as far as it goes, would improve the health and safety regimes of offshore oil and gas projects. It is up to us to decide by how much.

Members of our party believe that we need to ensure the separation of health and safety concerns from those of production and economic viability. They are two different things. We want to make sure that sometimes, when necessary, those health and safety concerns are paramount, as they ought to be.

Bill C-5 should guarantee that the proposed chief safety officer has powerful methods of inquiry to hold operators to account. A regime of self-regulation would be insufficient. I have already said that we do not think that the chief safety officer approach is necessarily ideal. There are others Commissioner Wells recommended, but since that is what we are going with, let us try to make it as strong as possible. The chief safety officer must not be influenced in decision-making by concerns of economic viability or by political pressure, obviously. This individual must be a champion of a healthy and safe environment for all employees who work on offshore oil and gas projects.

The Liberal Party places great emphasis also on search and rescue capabilities, or SAR, as it is called. This is a core element of the health and safety regime in the offshore industry.

The spring 2013 report of the Auditor General outlined significant issues regarding search and rescue capabilities, including a complete lack of federal policy in this area. The Attorney General is rightly concerned about the viability of search and rescue capabilities in the coming years and about the risk of leaving employees in the offshore sector with inadequate assistance in the case of major emergencies.

Bill C-5 includes guidelines on the safe transport of workers to and from the offshore site. It should also include a procedure for rescuing these individuals should something go wrong. This should be included in this legislation, it seems to me.

The unique challenges of the offshore oil and gas industry must be met by a complete and thorough plan of response. Bill C-5, as I said earlier, is the product of over a decade of negotiations and consultations among the federal government, the provincial governments of Newfoundland and Labrador and Nova Scotia, and stakeholder groups. A decade is a long time. Really, it is excessive. I would hope that future negotiations would move more quickly. If the Conservatives, at least while they are the government, will take this seriously and move quickly, along with provinces—

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:40 p.m.
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Leon Benoit

For the next 10 years.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:40 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, my hon. colleague suggested a longer period than I have in mind for their continuation, but I am prepared to leave that to the voters. I hope we all believe in democracy and are prepared to leave it to the voters to work that out for us so that we need not argue about that particular issue here at the moment.

The bill has survived changes in the ruling parties, at both the federal and provincial levels, and more than one change in my province of Nova Scotia. It has received clear provincial support this year, as I understand it. As I said earlier, the legislatures of both Newfoundland and Labrador and Nova Scotia have given Bill C-5's mirror legislation assent in short order.

By supporting Bill C-5 and sending it on to committee, we would have the opportunity to improve upon legislation that has already met some of the concerns of the provinces.

If we take into account all the elements of employee health and safety, the original accords and Bill C-5 itself could provide the model for future negotiations between the federal government and other provinces looking to develop offshore oil and gas regulations.

As a group of legislators, we have the responsibility to protect our fellow Canadians as they contribute to developing our economy. We have the responsibility to draw the fine balance between the economic success of business and the concerns of those who raise legitimate issues, as both are so often important concerns. We have responsibility for planning for the future, anticipating issues, and solving them to the best of our ability.

Bill C-5 would take steps toward these goals. That is why I encourage my fellow members to support moving the bill to committee stage. We would have an opportunity to improve upon legislation that has been proposed and that has already garnered support. I look forward to the result.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:45 p.m.
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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, I have enjoyed working with my colleague on various committees. I hear that he is moving from the industry committee, which is too bad. We enjoyed working with him.

I have been listening with great interest, because I spent half my life in Nova Scotia, so I understand a lot about the offshore oil and gas industry and the various tragedies we have had there through the decades.

We welcome this act. It would go some way toward addressing the problems that have occurred on the east coast and in other parts of Canada. We look forward to it going to committee.

Does the hon. member think this act would go far enough in addressing the conclusions the Wells commission came up with in its report?

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:45 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I enjoyed working with my hon. friend on the industry committee, so I will miss him there, but I look forward to seeing him here and in other places around this place.

As I said, one of the concerns I have, in particular, is recommendation 29 in the Wells commission report done after the helicopter accident off Newfoundland. It called for a separate organization to look at the question of workers' health and safety. I would hope that we could consider that at committee as a possible amendment, perhaps even from the government side. If not that, I would hope the government would endeavour to work with the provincial governments to ensure that it happens.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:45 p.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, recently I was visited by some folks who are concerned about the potential of drilling in the St. Lawrence basin. It would seem to me that on the face of it, Bill C-5 would, in fact, have applicability to that potential drilling.

They raised two issues with me. The first issue was the multiplicity of jurisdictions surrounding the St. Lawrence basin. We can think of Quebec, New Brunswick, St. Pierre and Miquelon, Newfoundland, et cetera, and depending upon where the rig was located, which jurisdiction would apply.

Therefore, the first question is the applicability with respect to Bill C-5.

The second issue has to do with who cleans up when there is a mess made and who would have jurisdiction for that. It seems contradictory. If the federal government is taking jurisdiction over health and safety, why would it not also take jurisdiction with respect to pollution cleanup?

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:50 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, in fact, where this legislation concerns health and safety, I can answer the question as it relates to the issue raised by the group he met with yesterday. I met with them also. They were talking about the Old Harry site, which, as I understand it, is within the zone covered by the Canada-Newfoundland and Labrador Offshore Petroleum Board. That is the board that would have responsibility in that area in relation to health and safety.

This act would apply to accidents. It would also apply if, for instance, a worker brought forward concerns about what was happening about health and safety on the rig they were on. It would not deal with any of the other issues they raised in relation to the way the currents flow in the Saint Lawrence.

A number of provinces, including Nova Scotia, Prince Edward Island, Quebec, and Newfoundland and Labrador intersect. People from those areas are all relying on the fisheries in that area, for example.

There are a variety of concerns I am aware of. However, this bill deals not with issues such as cleanup but with the health and safety of workers in the offshore industry.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:50 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I listened carefully to my hon. colleague and I found his speech very interesting. We are all concerned about workplace safety regulations in all regions of eastern Canada and across Canada.

The bill before us is a step in the right direction. I look forward to hearing the debates that will take place in the parliamentary committees that will examine it if it passes second reading. We hope it will.

I wonder if my colleague could come back to the issue of jurisdictions. The fact that the House of Commons and the National Assembly have not yet adopted an agreement between Quebec and the federal government regarding the Gulf of St. Lawrence is still a problem.

Does he foresee any difficulty in implementing Bill C-5, specifically because we have not yet reached the point where all of the provinces that share the gulf have agreements? I am talking about Prince Edward Island, New Brunswick and Quebec.

Yes, agreements exist with Newfoundland and Nova Scotia, but three provinces that share the gulf and are entitled to have their own agreements do not have them. Could this create any difficulties regarding the bill currently before us?

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:50 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I would like to thank the hon. member for Gaspésie—Îles-de-la-Madeleine for his question.

It is interesting that he mentioned that there are already agreements and that federal and provincial organizations in Nova Scotia and Newfoundland and Labrador are working on this issue. This bill was negotiated between the federal government and these two provinces.

However, in cases where there is a disagreement between Quebec or other provinces and the federal government, I would urge the federal government to negotiate with them in order to solve this problem and make sure there are good agreements in place.

The question remains as to whether or not there should be development in the Gulf of St. Lawrence. Clearly, it would be good if there were agreements and boards as there are in Nova Scotia and Newfoundland and Labrador to work on this issue.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:55 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, my friend from Halifax West will know that I have been long concerned with the functioning of the Canada-Nova Scotia Offshore Petroleum Board in particular, in relation to exploration for natural gas in inshore areas, as he mentioned correctly.

The Old Harry site, though, is actually in the Canada-Newfoundland and Labrador Offshore Petroleum Board area and would be the first ever development of petroleum resources inside the Gulf of St. Lawrence, which is one of the most biologically productive areas of Canada's coastline and is uniquely susceptible to threats from oil and gas accidents or disasters because its counter-clockwise current would take any oil around to absolutely all of the provinces in the area, which as he mentioned, is a multi-jurisdictional area, with Quebec, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador.

This piece of legislation deals solely with worker safety in the offshore for both the Newfoundland and Labrador and Nova Scotia boards. In fact, it is not objectionable, even though it does not go far enough to ensure those workers have an independent safety board. However, when speaking of independence, we have now had the downloading of environmental reviews to these very boards, and they have shown a pattern of consistent bias in favour of developing oil and gas, and in that, they have a conflict of interest when trying to protect the public interest, environmental concerns and the interests of fisheries and fishermen's organizations throughout the region.

I ask my colleague if he thinks the time has come to have a look at these accords and these acts and see if we should separate out regulatory functions from offshore petroleum promotion functions.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:55 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, it seems to me that what ought to govern in these questions about what happens in the Gulf of St. Lawrence is science and evidence.

We know the history of the government. It seems to prefer policy-based evidence to evidence-based policy, and really, these decisions ought to be made on the basis of science and evidence.

I suppose on the one hand, the answer to the question depends upon how these boards are structured, who is on them and so forth. Those are important questions in terms of the kinds of decisions that would be made.

I think I have made clear that in relation to this legislation my argument has been that there ought to be a separate independent body dealing with health and safety and that area of regulation. I also know my hon. colleague is well aware of the way the Liberal Party has opposed the many negative changes that the Conservative government has made to harm, really, our environmental legislation in this country.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:55 p.m.
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Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, I appreciate the opportunity to speak to Bill C-5 today.

I would like to let members know that I will be splitting time with my hon. colleague from Vegreville—Wainwright, who was just re-elected as the chair of the natural resources committee yesterday in a hard-fought election, and I am sure he will continue on with his good work as part of the natural resources committee. I want to welcome all my new colleagues to the natural resources committee as well.

The genesis of Bill C-5 is a story from way back in the late 1990s about an accident. Due to a faulty door design, a worker was tragically killed in that accident. When we moved on—and there were court cases and other things going on—we realized that there was a gap in the oversight.

On one side, we had the operational aspects, which were looked after by the accord acts between Newfoundland and Labrador and the Government of Canada, as well as Nova Scotia and the Government of Canada. The other side of it, the occupational health and safety aspects of this, which covered the workers and the workplace, was typically governed by provincial legislation. So here we have a set of legislation to look after one piece of this and another side looking after the other piece when it was in the offshore. However, there was a gap as to just exactly which piece of legislation covered this particular incident where this worker was tragically killed.

With that in mind, I will fast forward a few years to where the provinces and the federal government started to actually discuss how to close that gap. The only way to do that, which was agreed to between the provinces and federal government, was to decide to put jurisdiction under the accord acts for the occupational health and safety when it came to the offshore. In that way the rules would be clarified, and this legislation is very much targeted to fix the ambiguity in that legislation.

We have a piece of legislation here that is 263 pages long, and it is very technical. To look further into the background of it, pages 26 to 118 and pages 147 to 239—almost 200 pages of the 260—are associated with moving the occupational health and safety legislation into the accord act to make sure it would be covered and that the ambiguity would be eliminated.

The provinces of Nova Scotia and Newfoundland and Labrador now have undertaken and passed legislation in their legislatures, and it has received royal assent. The provinces have done their part on this. Bill C-5 is our part to bring this up to speed.

As the speaker from Halifax noted, this has been a 10-year process between the provinces and the federal government. It began way back in the 2002-03 timeframe when this was meant to be negotiated.

As many of us have learned in the House, even some who have not been here very long, when it comes to negotiating these agreements between the provinces and the federal government, sometimes it takes a little while to do, especially when we think of moving a whole piece of occupational health and safety regulation, or any other piece of legislation, from provincial to federal jurisdiction, or possibly vice versa. Those were some very important things that had to be done as part of this legislation, as well as the negotiations, which had to take place over those 10 years.

We know that working offshore, workplace health and safety has to be paramount. We have to create a situation where it is safe for the workers.

I have never worked on or even been on an oil rig, but I know members of our caucus who have, and it is a challenge. There are many things we can control and many things we cannot. Out at sea on an oil rig, weather conditions and the remoteness of the workplace are just two of the challenges that come to mind.

To address these safety concerns as well as the equipment, on the east coast all offshore activity is regulated by one of two offshore boards. It is either the Canada-Nova Scotia Offshore Petroleum Board or the Canada-Newfoundland and Labrador Offshore Petroleum Board. No oil and gas activity can occur unless the responsible board is satisfied that the planned activities are safe for the workers and for the environment.

Companies must clearly demonstrate that they have identified all health and safety hazards associated with exploration or production activities. They must also show these risks have been carefully evaluated and that they can be properly managed.

I have heard a few comments in the House earlier with respect to some of the powers. The chief safety officers would actually work under the offshore boards, but when we read through the bill we see that the powers they would have are tremendous. Having been involved in construction projects, working with safety officers in those environments, I have no question that if there is ever one person on a construction site who can shut it down for a reason, it is a safety officer. If there are safety concerns for any of the employees, they are paramount. Obviously, if we do not have employees, we will not get the work done.

When I was working on a construction project in my utility days, I knew safety officers who took great delight in some cases that they could actually shut projects down if they were not safe. That is very important for us to remember. Not only do they have those powers, but they are also able to investigate, to compel information from the producers and to get warrants to search places such as personal spaces that may be available on work sites. Those are all very important things that chief safety officers can do, and there is an appeal mechanism in place as well.

The proposed changes are going to address these long-standing gaps, but the accord acts are still the cornerstones. They have been in place for 20 years. They started out with revenue sharing and so on, but now they are responding to these issues based on that one accident.

We worked closely with the provinces on this, in Newfoundland and Labrador and Nova Scotia, to identify the gaps in the current legislation, and these amendments are top priority for the government and our provincial partners, as evidenced by the provinces already passing this legislation.

By modernizing these occupational health and safety provisions of the accord acts, we are working continuously to further strengthen Canada's robust offshore regime, and we must continue to work at that. It is a never-ending process. As technology changes, as new types of exploration happen, we have to make sure our safety and our environmental regulations keep up. That is the responsibility of the government, a responsibility we take seriously.

Furthermore, these changes would help protect offshore workers by investing within the accord acts a strong occupational health and safety regime. Most importantly, it would help us develop a modern new safety regime, one that is clear and that is uniquely tailored to the needs of Canada's offshore industry.

We are making good on our commitment. The provinces have made good on their commitment by already passing this legislation in May. I am really pleased to hear in earlier speeches in the House that members of the opposition will be supporting this going to committee. It is a very technical bill. As I mentioned before, it is more than 300 pages, and there are a lot of occupational health and safety aspects in it, very important things that are going to be good for workers, that will make it a safer environment for them to work in, including the transportation to and from the rigs. I am really pleased to hear that, and I look forward to receiving the bill at committee.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 1:05 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I appreciated the intervention by the member opposite and his knowledge on the issue of workplace health and safety, his commitment to the principle and how important it is. He referred to the right of workers to shut down a work site if they decided that the performance of that work would place any worker at the site in a dangerous situation. I commend him for that.

I also agree that the bill does outline the duties of occupational health and safety officers and provides these officers with enforcement powers of warrant provisions, inspections and investigation. It does very much clarify those rights.

I wonder if he could clarify something for me.There is a provision in Bill C-4, the budget implementation act, that strips away the right of working people to declare a workplace unsafe, to exercise the right to refuse, and puts all of the power into the hands of the minister. Given what the member said, I think he would agree it certainly is a regressive move. It is a weakening of the rights of working people to determine whether their workplace is in fact safe and healthy.