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 (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
C-5 (2016) An Act to repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1

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 / 12:05 p.m.

Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, Commissioner Wells certainly made it clear that he believed it was an important recommendation. He talked about the circumstances of his report. I thought he was a very impressive witness. Many of us on the committee, in view of the work he did on that commission, felt a certain deference to his opinions. Nevertheless, the government has chosen not to adopt recommendation no. 29. I think that is unfortunate. In the future we ought to seriously look at separating that function of health and safety. Obviously, the government would not reconsider it now, at third reading of the bill. However, I hope the government would at least reflect on this question and look for ways to improve it in the future.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:10 p.m.

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I want to go a little further on this whole question about how long it took to get to this stage because, unfortunately, we have had a number of disasters in our region that we can point to. There seems to be a pattern of delay before we implement the kind of legislation, rules, and enforcement regulations that we need to have in place to ensure that these things do not happen.

I wonder if my colleague from Nova Scotia, the member for Halifax West, would indicate to me what steps he and his government took when they were on the opposite side to correct these problems.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:10 p.m.

Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I know that the other parties like to go back eight, ten years, and so forth, and talk about what the Liberal government did at that time. It is quite a while ago now, so it is interesting that they continue to do that, but it is a good sign when they try to throw barbs in our direction and challenge us on things. They are certainly paying attention and must be concerned about our party.

The fact is, if we do go back that long, I was very engaged, particularly as the Minister of Fisheries and Oceans, with concerns about search and rescue and the Coast Guard. I very strongly supported measures to improve the situation for our Coast Guard. In fact, we announced funding for new Coast Guard vessels, which took quite a while for the following government to bring to fruition.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:10 p.m.

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, I appreciate the opportunity to follow some of my colleagues in the debate on Bill C-5. Having been a member of the natural resources committee for eight years, and having now left it, this was the last major piece of work I had the opportunity to work on with my colleagues from all parties. Unfortunately, I had moved prior to getting to clause-by-clause review, which would have been interesting. Nonetheless, I got a chance to listen to a lot of the testimony before committee. We had some great witnesses. We had very cordial discussion and a lot of good feedback. It was a good committee experience.

What I am going to talk about today is the importance of the offshore. I will spend a few moments on that. Then what I would like to do is to talk about what led to Bill C-5 and why it is important. Then I would like to talk about some of the major things the bill does and some of the comments made by Justice Wells.

Certainly, as a lot of people have said in testimony earlier today, we know how important natural resources are to our country, and specifically the east coast. As my colleague, the member for Halifax West, just pointed out a minute ago, we have a lot of people working on the offshore and the potential for expansion of that resource opportunity not only helps the folks in Newfoundland and Labrador and Nova Scotia, but also P.E.I. and New Brunswick, whether it be by providing services or by labourers actually going there. In some cases, it is a lot better trip for some of our families to be able to go to an east coast location, as opposed to travelling west.

For that reason, we want to continue to ensure that Canada's natural resource sectors remain open to investment that is market oriented and in the long-term interests of Canadians. We will ensure that the jobs, opportunities, and economic growth created by our natural wealth are available to all Canadians. In the Atlantic offshore, this wealth is chiefly in the energy sector, particularly oil and natural gas. The strength of Canada's energy sector is well established, but as strong as Canada's energy sector is today, it offers even greater potential for the future.

Canadians living in Atlantic Canada already know what a difference a strong energy industry can make to communities' quality of life. Offshore oil and gas has literally transformed the economy of Newfoundland and Labrador. For example, in 2011, the energy sector in Newfoundland and Labrador employed nearly 5,000 people and accounted for roughly one-third of provincial nominal GDP. Between 1997 and 2013, the province collected about $7.8 billion in statutory royalties from offshore oil and gas. Now, as we begin 2014, the future is even brighter. The offshore energy sector in Newfoundland and Labrador and Nova Scotia is still growing and the industry continues to invest billions of dollars in new energy projects.

Our government supports energy infrastructure projects that will create jobs and generate economic growth for Canadians, but it will do so only if these projects can be proven to be safe for Canadians and only after we have the proper reviews.

Our commitment to responsible resource development is made for environmental reasons as well as economic ones. Our plan will ensure that there is stronger protection by introducing tough new financial penalties for companies that do no comply with environmental regulations, and establishes new measures to strengthen Canada's world class pipeline and marine safety regimes. However, we have to remember that one of the major regulatory items is to protect people through a rigorous offshore safety regime. That is why we introduced Bill C-5, to ensure that offshore industries can carry out their activities safely.

I would like to read into the record some testimony from Mr. Jeff Labonté, the director general of the energy safety and security branch at the Department of Natural Resources. He said:

The work on the legislative package before Parliament got under way almost a dozen years ago. It was following an accident in Nova Scotia in which a worker in a workplace was killed. In that particular accident, the accord acts originally separated operational safety, the operations of the technical units and things that are happening in the offshore, which was imbedded within the accord acts, and occupational health and safety as a separate area which fell under the provincial jurisdiction.

All of a sudden, we had a grey area here where it was hard to determine who was actually responsible, what would happen and who would actually regulate this going forward. That led to a 12-year process and our Bill C-5.

The bill is approximately 260 to 270 pages long. Members who were on the committee and actually went through the review know that roughly 200 of those pages took occupational health and safety regulations out and put them into the accord acts. It was to mirror the legislation between the provinces and the federal government. We want the offshore industries to abide by the most stringent standards. We need to identify and clarify things, and that was the reason we did that.

Interestingly enough, some of the earlier comments were about why this took so long. It started in 2002 and it was a 12-year process. A lot of us in the House, even if we have only been here a short period of time, understand that sometimes it can take a while to get federal-provincial deals negotiated. What ended up happening is that it went through a period until about 2007, when there was a realization that further work was needed on the governance aspect of the bill. It had to go back, and obviously there were a lot of iterations between the provinces and the federal government to make sure that the legislation was mirrored properly.

Those things took some time. We had some governmental issues with respect to the minority governments that happened during those times.

I believe it was under an NDP government in Nova Scotia that the legislation passed, and a PC government in Newfoundland. They are now waiting for us to do our process with Bill C-5.

The accord acts already provide the regulatory cornerstone for all oil and gas activities in the Atlantic offshore. They give the independent regulators, the two offshore boards we have been talking about this morning, the legal authority to regulate oil and gas activities on behalf of the Governments of Canada, Nova Scotia, and Newfoundland and Labrador.

They clearly establish the health and safety requirements within the accord acts. For the essential matters of occupational health and safety, and operational safety in the offshore, Bill C-5 fully clarifies the roles and responsibilities of all concerned parties, governments, regulators, employers, and workers.

The legislation also has other practical benefits and gives new powers to the offshore inspectors to further enhance safety. For example, inspectors will now be authorized to inspect anything, take samples, and meet privately with individuals. Further, inspectors will now have the power to conduct compliance audits on the vessels used to transport workers, and if the workers themselves have any safety concerns, Bill C-5 allows them to refuse to be transported to the offshore sites.

I just want to speak to the issue of the chief safety officer's power. It has been strengthened. In my experience in construction projects before coming into this area, it was always my understanding, whenever I went to a construction site, that the chief safety officer had full ability to shut a site down. They could do that carte blanche. That is independence. Even if those safety officers actually reported to project managers, they really had a higher calling and a higher power.

This safety officer, referring to some of the testimony from Mr. Jeff Labonté, said:

The final area that I will cover is that of the chief safety officer. First, to ensure that safety considerations are always represented, the legislation proposes that the position of the chief safety officer can never be held by a CEO of the board. In addition, a chief safety officer would have to review and provide written recommendations related to safety on all operational authorizations. This would formalize a process that both boards have already been following and is a practice of ensuring that safety is a priority. Chief safety officers would also be granted the power to allow regulatory substitutions.

As everyone knows, when we start talking about these regulatory substitutions, technology moves very fast in the offshore environment. For example, if a new piece of equipment comes out that is going to make workers safer, a chief safety officer would have the ability to authorize its approval to substitute it for something already out there.

Those are important things to make sure that our workers are safe, which this legislation and the regulations keep up.

During his appearance at the natural resources committee in December, Justice Wells spoke about the legislation. He said:

Somebody has worked hard—more than one person, I suspect—on this bill. I know that it's been under consideration for a number of years. Quite honestly, I think it's a good job and I think it will help to formalize some of the concepts that people knowledgeable about the industry and the regulatory people have thought about for some time. To see it enshrined—I hope to see it enshrined—in legislation is a good thing.

A couple of things impressed me most. One is that the bill talks about and mandates the involvement of workers in the processes of safety. That was something that was important to me during the two years and three or four months that I was the inquiry commissioner.

Justice Wells was very clear in the committee that he was pleased with the offshore health and safety legislation. He was also clear that good has come of the government's adoption of his recommendations.

We also talked at length at committee with two individuals. They were Mr. Scott Tessier, who is the chair and CEO of the Canada-Newfoundland and Labrador Offshore Petroleum Board, and Mr. Stuart Pinks, who is the CEO of the Canada-Nova Scotia Offshore Petroleum Board. We had a significant opportunity to question those folks. In fact, one of them was actually a former chief safety officer. I asked him about the qualifications of the chief safety officers, the kinds of things they do, and the process. He said that he was the chief safety officer for a number of years and that there is a strict selection process for chief safety officers. They are often long-tenured employees who stay with these boards for very long periods of time and build up institutional knowledge so that they are able to continue doing their jobs effectively.

Some of the other things they talked about were privacy requirements. They are not allowed to publish certain types of things when it comes to safety. With this legislation, when it comes to safety, they would be able to publish this for the public.

A lot of what was said was that it is not just for the actual workers on the site but for their families as well. We always need to be concerned about their families. They should be able to see that everything is safe. What is actually happening is important to the families, as well.

Justice Wells and the two CEOs also talked about safety forums, which have now started. They have just conducted the fifth of these safety forums. They received a tremendous amount of feedback from the workers who now, as part of this important piece of the legislation, have three major rights. They have the right to know, the right to participate in the discussions, and the right to refuse dangerous work. They are all important aspects for these workers. These safety forums allow for these types of discussions to happen and for the appropriate actions to take place. I talked previously about the safety equipment and substitutions.

There was a lot of good feedback. The Unifor representative talked about the safety regulator. I am sure that someone will ask me that question during the questions and comments.

In summary, there is no doubt that Bill C-5 would significantly enhance worker safety in the offshore by creating a much more transparent safety regime, with clear responsibilities for all involved. Our Conservative government worked with our provincial partners on this. I want to emphasize that this was a partnership, because this legislation has to be mirrored at the federal and provincial levels. It would give us a much more modern, efficient, and stringent offshore safety regime, one that is supported by strong laws and standards that are second to none.

The Conservative government is committed to freer trade and to maintaining an open marketplace that welcomes investment. It is committed to providing a regulatory regime for major projects that is fair, transparent, and predictable. It is committed to enhancing Canadian competitiveness in the economic sector.

I am encouraged and really pleased to see that members from the opposite side are going to support this bill. It represents a big and important move of the yardstick forward in terms of offshore health and safety for our workers and in terms of the well-being of their families. I appreciate their support. Hopefully, we will be able to get this passed quickly.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:25 p.m.

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I know that my colleague opposite approaches issues like this in a very conscientious manner. He spoke at some length trying to justify why it took so long for this legislation to finally hit the floor here. I do not think there is any question that needing to mesh with the provincial jurisdictions and the offshore authorities is complicated. However, that also goes to the justification for the NDP amendment that was introduced in committee.

It has taken a long time to get this legislation through. A lot of work has been done to try to make sure that it covers everything off. We have noted some weaknesses, one being with regard to the independent regulator. As is always the case, there will need to be some revisions. That is why the NDP introduced its amendment, which was to ensure that the minister would conduct a review of the bill within five years.

I would like to ask the member if he would agree that, given the complexity of this matter, we should have tried to make sure—

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:25 p.m.

The Acting Speaker Barry Devolin

Order. I would ask all hon. members to co-operate with the Chair during questions and comments when a signal is given to wrap up a question or answer. It would be appreciated.

The hon. member for Tobique—Mactaquac.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:25 p.m.

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, that is a good question. The root of the answer to that lies in the process that took place between the federal and provincial governments over a period of 12 years.

As I indicated, in 2007, the parties realized, all of a sudden, that the governance piece needed to be improved. Both levels of government had to work together to do that. Both provincial governments had actually passed their legislation. Therefore, their legislation would have had to change as well, so they would have had to go back to the drawing board. That is my understanding of the process that happened. As a result, it was important to make sure that there was no major change to the legislation that would necessitate a change to the mirror legislation in the provinces. Therein lies the answer to that question.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:30 p.m.

Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, development of offshore resources is a priority and must be done safely, and I believe that this legislation would ensure that safety. I would like the member for Tobique—Mactaquac to elaborate on that.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:30 p.m.

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, that is a good question. Basically, it would fill a gap in a grey area in the legislation. There was operational responsibility for safety under the accords, but the occupational health and safety side was not covered at all. When the person was tragically killed, there was much difficulty at the time assigning responsibility.

By mirroring this legislation, it would adopt very stringent occupational health and safety aspects. I commented that almost 200 pages are very detailed occupational health and safety aspects that were brought into the accord acts. When one reads through them, the number of occupational health and safety committees, the powers of the boards, and the power of the safety officers are phenomenal. They can actually stop work, and the workers can refuse dangerous work. It is tremendous. It also covers the transportation to the actual offshore platforms, which is the piece that was missing before.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:30 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I listened with great interest to my hon. colleague's analysis of this legislation. The one thing I am concerned about is that in phase one of the inquiry report of Justice Wells, he said that he believed recommendation 29 would be the most important one in this entire report. That, of course, called for a new independent and stand-alone safety regulator being established to regulate safety in the offshore, and that was not done.

Since Justice Wells said that this was the most important recommendation, I would like to ask my hon. colleague why the Conservatives did not follow through on that recommendation.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:30 p.m.

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, Justice Wells had 29 recommendations in his report, and number 29 was not an all-encompassing recommendation. In fact, recommendation 29 was broken into two sections, 29(a) and 29(b). As we heard in testimony from Justice Wells, he thought “...a separate safety authority was a good thing, but I was perceptive enough to realize that not everybody might agree, and I hold no grudge about that. Therefore I put in the second thing. Canada's offshore is Newfoundland and Nova Scotia” and is actually small compared to other areas. He thought this was a good position for us. He broke recommendation 29 into two components. Therefore, we cannot look at it as an all-encompassing recommendation and take it as a whole, because there were competing parts.

As we heard from the CEOs, 16 of the 29 recommendations have been implemented, 12 are in the process of being implemented, and 29(b) will be implemented.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:30 p.m.

NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, we see with this agreement a progressive and comprehensive collaboration between the federal government and provincial jurisdictions. We see the results when the federal government works with other jurisdictions to solve some of the very important issues we have before us.

I would like the hon. member to comment on the importance of the federal government working with the provinces, sitting down and rolling up their sleeves, and dealing with the issues at hand, collaboratively, with the provinces.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:30 p.m.

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, I know that our minister responsible for New Brunswick has forged a great relationship with the Province of New Brunswick and is working well in all aspects with respect to projects and so on. From that standpoint, I do not see that as an issue.

We just worked very diligently on coming to a conclusion on the job grant, for example. We are signing agreements on the infrastructure agreements. Those things are coming together. This is another example of how the provinces and the federal government came together with respect to a very difficult, comprehensive, and complex piece of legislation. That is why it was important to make sure that we did not get too carried away on amendments that would send each party back to the table again to redo their legislative process.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:35 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I understand that there was consideration at committee stage of a five-year review of this legislation to see whether it could be improved in light of experience and in light of the fact that recommendation 29 of Mr. Justice Wells' report was rejected.

Why would the government not accept the need, as is found in so many other statutes in federal legislation, for a five-year review, required in the statute?

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 12:35 p.m.

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, I think I answered that before, but I will elaborate again. As part of this whole process, this was mirrored legislation that had to go through between the parties. The provinces had already passed theirs. This would have led to sending them back through an iterative process to change it. That is part of the process. Having gone through 12 years, then a process from 2002 to 2007, then a bunch of other changes in governance, to now, this is where we are.

I know for a fact, but I will elaborate, that the federal government and the provinces are still in discussions about the future of this, because the Atlantic offshore is actually small compared to the other jurisdictions, which have a central regulator. As Justice Wells said, when we get to the point where maybe we are on the Arctic offshore or the western offshore, there might be more discussions that would have to take place,