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 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.

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.

Similar bills

C-61 (41st Parliament, 1st session) Offshore Health and Safety Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from 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-5s:

C-5 (2025) One Canadian Economy Act
C-5 (2021) Law An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
C-5 (2020) Law An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)
C-5 (2020) An Act to amend the Judges Act and the Criminal Code

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

March 27th, 2014 / 11:40 a.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I have been involved for a long time. In fact, I participated in the Ocean Ranger inquiry when it was launched in 1982, as a new young lawyer in St. John's, in Newfoundland and Labrador. A great deal of effort and anxiety went into coming up with these recommendations.

Unfortunately, as the member pointed out, the recommendation of having a rescue helicopter available was, shockingly, not implemented until after the Cougar helicopter crashed, more than 25 years after the recommendations were made.

I do not have a compendium of all of the recommendations. Clearly, the Ocean Ranger recommendation is now in place. It was not thanks to this legislation, but it was thanks to the recommendation of former Justice Wells that we have the helicopter for search and rescue purposes. There are outstanding recommendations, as the hon. member has pointed out, and they should be attended to. An evacuation system is a recommendation that has been worked on over the years. I do not think that we have the right system yet. There are still other recommendations that need to be looked at.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:40 a.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, obviously we are biased in favour of this bill and we will support it because we always get behind worker health and safety measures. It is sad that, as usual, nothing changes until someone dies. I am not saying that is always the case, but it is often the case.

I have a question for my hon. colleague about the bill before us. Big changes have been made and we are moving in the right direction, but now we are up against one of this government's ideological impediments, which is that private industry should self-regulate. We have seen this in other sectors, such as rail transportation. Is that why Justice Wells' recommendation to create an independent worker safety authority—which was probably the most important recommendation—is not in this bill?

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:40 a.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I would like to thank my colleague for his question, and particularly for his observation about how the Conservative government has been working with respect to recommendations of a health and safety nature.

Safety does cost money. We have seen the resistance by industry to advances that cost money. They obviously do not want to spend money where they do not have to. It does require a government that is vigorous in insisting that the things that need to happen do happen, for the sake of offshore worker safety. We see some of that here, but we do not see it going far enough.

The night flights offshore are a good example. Why do we need night flights? We need them so we can operate the same number of helicopters for a greater period of time. The alternative is to have more helicopters. If we had an extra helicopter, we would not have to fly at night. However, extra helicopters cost money. There has to be a crew.

There is a trade-off being urged between worker safety and cost. We would clearly prefer to come down on the side of worker safety. If night flights are more dangerous, we should be able to insist that there are more helicopters in place. If helicopters that have a run-dry capability of 30 minutes are available, then they should be used, not the ones that do not have the capability. They may cost more money and there may be a cost in replacing them, but the value of the lives and safety of workers has to take precedence over that. We do not see that kind of attitude coming from the Conservative government.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:45 a.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I appreciated the intervention by my friend from St. John's East.

You spoke, I thought very eloquently about your work in committee and the fact that there was no statutory—

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:45 a.m.

The Deputy Speaker Joe Comartin

I would remind the member for Victoria to direct his comments to the Chair, not to other members.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:45 a.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, through you, the member for St. John's East made a very eloquent statement about the nature of the work at committee on this matter and the fact that the government rejected the notion of a five-year review. Having worked on committees in which that five-year process has been required, such as under the Access to Information Act and the Privacy Act, and having seen a Progressive Conservative government release a unanimous committee report with recommendations, I saw first-hand the utility of such a statutory review.

My question is twofold. Given that this bill requires agreement with the two provinces at issue, Nova Scotia and Newfoundland and Labrador, would the Conservatives find such a statutory review acceptable after a five-year period? I would like to also know why the government would reject the notion of a five-year review in these circumstances.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:45 a.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I appreciate the intervention and compliments from my learned friend and colleague for my speech, but I think he knows that I cannot answer why the Conservatives would reject it, other than to speculate.

There appears to be an unfortunate lack of collegiality at committee. Politicians obviously posture, especially in the House of Commons, but in committees one would expect to have a greater level of collegiality. In some committees there is that collegiality. I am looking at the prominent member of the fisheries committee, which has had collegiality as an operating principle over many years. However, when it comes to dealing with legislation, we do not see the collegiality that should exist to improve and make things happen.

That was a reasonable—though I would not call it a compromise. New Democrats were not going to get what we wanted. However, the committee should have been able to put that on the radar of the current government, or the next government. It may not be the current government. We are hoping it will not be the Conservative government, but it might be. Whatever government is in place, it would be on the radar of that government that this should be looked at. The bureaucracy and those involved would then look forward to this happening in five-years' time and be able to prepare to deal with that.

It is very unfortunate. That is all I can say. I do not know why that is, except stubbornness. Whatever is in the legislation that Conservatives put there is all that they want to do.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:45 a.m.

Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I am pleased to rise to speak on Bill C-5. This is the second day this week that the House has debated legislation that impacts activities in the offshore sector, which, to those of us in Atlantic Canada, like my colleague the member for St. John's East, who just spoke, and the member for Avalon, who asked him a question, is very important. It is very important to our economy and to the people who work in the offshore sector who benefit from that. It is very important that they are safe in the work they do and in travelling to and from the offshore platforms.

The offshore sector can be a dangerous place. I know there are many measures taken to make it as safe as possible, but it is tough work. It can be dangerous work, and we have seen unfortunate proof of that over the years. In fact, there are brave men and women working out there every day performing very challenging work.

Making sure that these people are safe in their workplaces and that they return home to their families must be a priority for all of us. Bill C-5 is a step in the right direction.

However, I hope the government will actually listen to experts on Bill C-22, which we debated on Tuesday, because it did not listen to experts with respect to Bill C-5, which we are discussing today.

When the House was debating second reading of Bill C-5, the member for Burnaby—Douglas asked if I thought the legislation went far enough in addressing the concerns of the Wells royal commission.

I did not, and I do not. One concern I have with Bill C-5 is that it did not adopt recommendation 29 of the Wells commission report, which flowed from a terrible helicopter crash off Newfoundland. That was already discussed a bit this morning.

My hope was that when the bill went to committee there would be consideration given to an amendment to adopt recommendation 29, which called for a separate organization to look at the question of workers' health and safety, an organization solely dedicated to that absolutely vital task.

Commissioner Wells testified at the committee last fall that he “felt that an independent safety authority was the best choice..”. Commissioner Wells went on to add that he did not think everyone would agree with the recommendation. That is reasonable. He included a fallback position, which was to create a separate safety division within the Canada-Newfoundland and Labrador Offshore Petroleum Board. Of course, this legislation would also apply to the Canada-Nova Scotia Offshore Petroleum Board.

While the fallback position was adopted, in my view it falls short of what is needed. It is yet another missed opportunity by this neo-Conservative government. Unfortunately, Bill C-5 was reported back to the House of Commons with only a few technical amendments which correct inaccurate wording in a number of clauses.

It was also very unfortunate, in my view, that the Conservatives on the committee would not support efforts to provide greater clarity on the word “danger” in the act. That word is particularly important, and the meaning of it is particularly important in this kind of legislation.

Under this legislation, certain terms such as “danger” are not defined in this bill. They remain to be defined by federal regulation on the recommendation of the Minister of Natural Resources and the Minister of Labour, and with the approval of provincial ministers.

In committee, I introduced a proposed amendment calling for consultations with the provinces and key stakeholders on the definition of “dangerous work”, something that we have heard is important. I felt it would coincide with the testimony we heard in committee about the importance of consulting on this question of the word “danger”. That is critical for all parts of the offshore oil and gas industry, and the men and women who work in our offshore.

While this legislation does push the yardsticks and while it is a move in the right direction, it could have been better. It could have been strengthened. It should have been amended. As legislators, that is our job. It is our job not only to examine these carefully, to look for ways to improve them, but also to hear the evidence, hear the experts, and reflect on that expert evidence and testimony and make the appropriate changes. We are not simply here to do whatever the kids in short pants in the Prime Minister's Office tell us or order the Conservatives to do.

We are often asked to strike a careful balance between economic success in the oil and gas sector, the rights of employees and, of course, environmental concerns. Bill C-5 is one of the many tools to achieve this balance, and I believe the Canadian Parliament, including members in the House of Commons, ought to strive to set an example to the rest of the world by clearly indicating that we value human capital at least as much as the wealth we derive from our natural resources. That is why the Liberal Party has supported this bill.

Bill C-5 will effectively solve the issue of jurisdiction surrounding occupational health and safety in Canada's offshore oil and gas industry. It was not clear until now—which became very clear after the terrible helicopter accident off Newfoundland when it was unclear which level of government had responsibility and jurisdiction. This will solve that issue and that is important. That is an important step forward, which has taken over 10 years to realize.

The legislation would also create a streamlined process for rectifying health and safety issues and to assign responsibility. That is important because we do not want to have any doubt about jurisdiction if there is an accident in the offshore. An issue of the utmost importance is our capacity to respond to an accident or spill in the offshore. However, that is a debate for another day, and I hope we will have opportunities to do that.

This legislation is focused on the right to a safe workplace. It is an important right and a right that all Canadians must enjoy. Many of us as Canadians, and certainly those of us as members of Parliament, have a very safe work environment and are very fortunate in the kind of work we do. For the most part, it is indoor work and a lot of it is desk work or standing up work, but it sure is not in conditions some workers across this country face, by any means.

If we think of working outside on a cold day like this, or of the folks in Atlantic Canada—and I look across to my colleagues from New Brunswick and consider our families back home and other families in Atlantic Canada, digging out from a terrible storm and still experiencing terrible wind, some of them without power, and consider the folks from the power companies and snowplow drivers and others out there who are working to get things back to normal—we should feel pretty fortunate to be working in a place like this with the kind of jobs that we have.

Though a safe workplace is not the reality for all Canadians, governments have worked with stakeholder groups in the past to improve 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, the joint efforts of the provincial and federal levels working together, which does not happen often enough. Indeed, this government is not known for working with provincial governments. However, 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. The conditions for employees on offshore drilling projects should be comparable to those on land-based projects. There is no question that a drilling rig, whether offshore or onshore, can be a very dangerous environment.

I think 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 our offshore oil and gas projects. However, members of my party believe we still need to ensure that the separation of health and safety concerns from those of production and economic viability occur. Justice Wells made that very clear in much more eloquent language than I.

We recognize that these two issues are very different things, but one trumps the other, and health and safety comes first. We need to make sure that, 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, in our view, would be insufficient. I have already said that we do not think the chief safety officer approach is necessarily ideal. There are other things that 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, which should be obvious. This individual must be a champion of a healthy and safe environment for all employees who work in our offshore oil and gas industry, or in any of those kinds of projects.

Bill C-5 has survived changes in governing parties at both the federal and provincial levels. It has received clear provincial support, and legislatures in both Nova Scotia and in Newfoundland and Labrador have given the bill's mirror legislation assent, in short order. By supporting Bill C-5, we 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 offshore accords, and Bill C-5 itself in those bills, this could provide the model for future negotiations between the federal government and other provinces, like Quebec for example, that are looking to develop their oil and gas sectors.

Let me conclude by noting that while Bill C-5 is a step forward, we should recognize that more work needs to be done. Hopefully, we will not have to wait another decade for that to occur.

It is not new to Canadians that our country places great economic importance on the development of natural resources. Forest products, natural gas, hydro electricity, and oil and gas are cornerstones of our export market and contribute immensely to the creation of jobs, which, of course, we believe is very important. We want Canadians to have a good quality of life that comes with jobs and opportunity. However, let us make sure that those resources are developed in a responsible and sustainable way. Let us recognize that occupational health and safety must be paramount.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / noon

Saskatoon—Rosetown—Biggar Saskatchewan

Conservative

Kelly Block ConservativeParliamentary Secretary to the Minister of Natural Resources

Mr. Speaker, I thank my hon. member for his comments on this very important piece of legislation.

I would like to reinforce the points that the member has made, in that both provinces have already given royal assent to their respective bills to enact these changes. They have been waiting patiently for Bill C-5 to pass through our Parliament for the new regime to come into force.

I want to confirm what I thought I heard the member say, that he and his colleagues will definitely allow for this legislation to finally come into force so that workers will not have to spend another day without these safety measures that Bill C-5 would bring.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / noon

Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I thank the hon. parliamentary secretary for her question. However, as she heard from my speech, I do have some concerns about amendments that were not adopted by the committee and were not supported by her party.

As I said, we think this legislation is important because it is a step in the right direction. It moves the ball forward, even if it is not as good as we would like. Therefore, we are supporting the bill. We do not have any intention to slow it down.

I should point out, of course, that the Conservative government certainly has the means to move legislation faster than it has moved this legislation. Not a week has gone by, that I can recall, in which we have not seen at least one motion of time allocation or closure by the Conservative government. I do not know if it has used it 7,000 times, but I know it is well over 50, even by last fall. The Conservatives have used these measures far more than any other government in the history of this country. For them to talk about bills not moving fast enough is a little rich, but I appreciate the question.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / noon

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I listened carefully to what my hon. colleague had to say. I have a question for him.

While I am no expert in the offshore sector, it seems to me that 10 years is a bit long to take to come up with the bill that is before us today. Far be it from me to simplify the complexity of such an issue.

Since this began in 2001, when the Liberals were in power, would it not have been possible to at least establish the independent regulator, as suggested in Justice Wells' recommendation 29?

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / noon

Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I thank my hon. colleague for the question.

I was not involved in the natural resources file during the period in question. I know that the provincial governments and the federal government finally discussed these issues after some time. I do find it strange, and rather astounding, that it has been 10 years. There are always various things at issue between the provincial governments and the federal government, and these complexities need to be discussed. I can understand that it might take two, three or four years, but 10 years is a very long time. I do not understand. Was it because of the change in governments? I do not know.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:05 p.m.

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I appreciate, as always, the comments from the member for Halifax West and the perspective he brings to issues like this. He spent some time sitting on the other side, so perhaps he can lend a bit of perspective to this particular issue.

There are two things I am concerned about. Number one, which the member talked about, is that it took 13 years for the provincial and federal governments to finally come together and bring this bill forward, which is an awful delay.

Number two, at the same time, there are steps being made and progress being made to strengthen health and safety rules as they relate to offshore development work. Would the member not agree that it is likewise a serious deficiency in our ability to protect workers on the offshore, that the current government is continuing to hack and slash away at search and rescue capabilities; and that if, God forbid, there is ever any need, we have a shortage of search and rescue capabilities?

Could the member could comment on that issue?

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:05 p.m.

Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, first, my understanding is that governments had been in discussion for 10 years on this legislation and that we have seen the same bill brought forward a few times now. Therefore, it is surprising to me that the Conservative government did not bring it forward more expeditiously, to get it done. The Conservatives could have done that a number of times over the last eight years they have been in government. As I understand it, there were discussions going on, and I am not sure why it was not sooner than that, but that is my understanding and my recollection.

However, on the question of search and rescue, the people I know who have some knowledge of search and rescue across the country have been very concerned about the Conservatives' attitude toward this area. Whether it is in the offshore, in our North or on either of the coasts and throughout the country, we have not seen the kind of interest. We have seen cutbacks to search and rescue. We have a lot of people in Newfoundland and Labrador who are very concerned about the lack of effective search and rescue equipment in that region and throughout the country. My hon. colleague has raised a very important point.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:05 p.m.

Liberal

Scott Andrews Liberal Avalon, NL

Mr. Speaker, I would like to ask my colleague who attended the committee hearings a question. There has been a lot of discussion about recommendation no. 29, the recommendation made by Chief Justice Wells in his inquiry. The government is acknowledging that it is not putting it in this bill.

At committee, was it the stance of Chief Justice Wells that recommendation no. 29 was still an important recommendation?