Bill C-5 (Historical)

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 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.

Offshore Health and Safety Act

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, I am pleased to have the opportunity to weigh in on this important issue again. I had the opportunity to speak on this at second reading, at which time I indicated my support for this legislation and for the measures. I was pleased that the two levels of government, the two provincial governments and the federal government, were finally able to reach agreement. The Province of Newfoundland and Labrador and the Province of Nova Scotia passed mirror legislation, and the federal government is now following suit.

I want to focus my presentation today on where we go next. It is extremely important that we get the best piece of legislation that we can to serve the purposes laid out in the legislation. However, if we do not have the enforcement and the political will to make it happen then, frankly, we will go back to the decades when the offshore on the east cost was covered by draft regulations. We will go back to something we see far too often as it relates to private industry, in particular in the fields that are so dangerous. I speak of the whole practice of voluntary compliance. In that, governments expect the companies and individuals involved in any particular industry to be safe and careful and to not put workers at risk.

We know that public sector and private sector entities conduct risk analysis at every opportunity, before they put in any constraints on their practices whatsoever. Before a private sector company introduces any, in this case, safety measures or the use of safety equipment, it will do a very careful analysis on what the chances are that anything is going to happen, that there are going to be problems, that there is a risk there will be a loss of limb and life and, even at that point, what the exposure of that company is to liability.

That is why it is so important for governments to take their responsibility seriously in protecting people who are not protected, whether they are citizens, customers, clients, or workers. In the case of the Ocean Ranger, the 84 people who lost their lives, and in the case of the Cougar helicopter, the 17 people who lost their lives, nobody represented them. Nobody went to the effort to ensure there were constraints on the private sector companies that controlled what was going to happen to them when those workers at their jobs were carrying out their responsibilities. That is why it is incumbent upon us, not only to pass legislation to prevent these kinds of things, but also to ensure that the legislation is enforced, to ensure there is the political will in place, and that there are provisions in the legislation to ensure that people or companies that contravene provisions of the legislation are held accountable.

We had a terrible tragedy in Nova Scotia, in 1992, where 26 miners lost their lives. There was a royal commission held that made a number of recommendations. It led to Bill C-45, which was passed in this House, I believe in 2004.

It was called the Westray bill, and it was done to assign corporate responsibility. That legislation makes all decision-makers in a company responsible for the results of bad decisions or decisions that lead to the loss of life. Yet, since 2004, 22 years after that disaster happened, there have been a couple of charges but absolutely no convictions.

That underlines my point. We need to make sure that the responsibilities are laid out in the legislation. We need enforcement. We also need to make sure that people are held accountable. Ultimately, it all comes down to political will.

This legislation would only take us part of the way. We are only beginning to move in the right direction toward ensuring that the industry has a proper health and safety regime, as well as regulations.

However, our responsibility does not end here. We need to ensure that as development continues we work harder to make sure the people working in this environment are protected, and that the environment itself is protected.

I want to refer to Lana Payne, the Atlantic director of Unifor, who testified at the natural resources committee. She said that “Canada is still far behind other industrialized oil economies such as Norway, the United Kingdom, Australia...[and] the United States” in having “powerful stand-alone authority in charge of safety and the environment...”.

The member who spoke before me seemed to suggest that we do not have a stand-alone regulator here. We do not need it. It is a small jurisdiction. It is smaller than the Arctic or the west coast or some of these other countries. The member should say that to the 82 families who lost loved ones when the Ocean Ranger went down. He should say that to the 17 families of the workers who lost their lives when the Cougar helicopter went down.

If development is going to be conducted off the coast of our country, then we need to ensure that proper protections are in place, as in other countries. We have not done enough. We need to do better. We in the New Democratic Party will do everything in our power to ensure that this country does a better job in this area.

It is important for the federal government to continue working with the provinces and offshore boards in this area. There is no doubt about that.

I wish the government had considered the amendment that was introduced by our members on the natural resources committee. That amendment would have seen a review by the minister after five years. We would have known whether the legislation was actually accomplishing, not only what it set out to accomplish, but whether the government was showing the political will to enforce it and to hold people accountable. That happens with other legislation. It is not new. Things change, and try as we might, we might miss provisions that we should have perhaps picked up on. A five-year review would indicate whether we had run into any difficulties. A five-year review would ensure that 10 years or 13 years out we have done our due diligence with respect to making this happen.

I will refer to the intervention by my friend Dr. Susan Dodd, who wrote the book The Ocean Ranger: Remaking the Promise of Oil . Susan lost her brother when the Ocean Ranger went down. I spoke at some length about Susan's work in this area at second reading, but let me say again how much I value her opinion and the exhaustive research that she engaged in to prepare her book.

Before committee, Susan rightly identified that the “failure to regulate leads not only to the loss of life and the destruction of the environment, but also to the public's losing confidence in the legitimacy of government”. Disasters, such as the Ocean Ranger, Westray—and I referred to the explosion of the coal mine in Pictou County, in 1992—and the Deepwater Horizon, are also political disasters. People appropriately asked why it was that regulations did not exist or were not strong enough. Why were there weaknesses in the system and why were they not addressed years before?

Too often, changes to health and safety come about as a reaction to an event rather than as a preventative measure. I would suggest that this needs to be changed.

When I was preparing for these remarks, I looked at the Westray example. I was a member of the legislature in 1992 when that disaster happened. Within the next day or so, I sat with families in Stellarton who were trying to understand the magnitude of the disaster and whether their loved ones might still be alive. In the initial days of that disaster, it was a rescue effort.

We had a commission of inquiry, which did not table its reports until 1998. There were 74 recommendations, and section 73 led to Bill C-45.

I talked abut the need to hold decision-makers accountable. In the Westray situation, they found that there were decisions made or not made that directly led to the explosion and the loss of life. Everyone recognized that the people who had the responsibility for making decisions did not make those decisions, or they made decisions understanding that a result there could be a disaster, an explosion, which happened. Those people need to be held accountable, and that is what led to Bill C-45.

Here we are 22 years later, and we still have not been able to hold people accountable for these kinds of workplace disasters. That is why I worry very much about our sense of satisfaction when we pass a piece of legislation like this.

We have been at this for 13 years. We worked with the other jurisdictions and we got it through. When it passes through this House and finally receives royal assent, we have done our job. However, that is just the beginning. That is the point I am trying to make; it is simply just the beginning. We need to do so much more to make sure that we fulfill our responsibilities in representing the people of this country.

Let me make it clear. I certainly do not have all the answers on how we protect workers in the offshore industry or how we protect our environment. That is why I feel compelled, as an individual MP and a member of this House, to say we need to be ever vigilant and be always listening and always paying attention, so we can ensure that the right thing is done, that we correct our mistakes, and that we move quickly, because we are responsible to represent not only people who work in that industry but also the environment, in the event of oil spills. As my colleague from St. John's East said, there will be a third rig in operation in 2017, even farther off the coast of Newfoundland. They are exploring, again, off the coast of Nova Scotia and in the gulf. It may be inevitable that there will be further development of these resources, but we cannot proceed without ensuring that we are protecting the people who work in the industry and protecting the environment, because once those disasters happen, those lives are lost and that environment is damaged, in many cases, forever.

Let me make a couple of suggestions.

First, I call upon the current government, and any government, to support the recommendation that has gone before Transport Canada to ensure that all airplanes and helicopters that are used for search and rescue and to transport workers to and from the oil rigs must have the capability to operate for an hour after they have no oil or have run dry. That has been a recommendation--in fact, it was 30 minutes, I believe—and that recommendation has still not been put in place. Even after it was determined to be one of the problems that led to the disaster with the Cougar helicopter, that still has not been implemented. I think it is extremely important that we ensure regulation is put into place. We know this is a fairly standard requirement for helicopters that operate off the coast, to give them time to land safely.

Second, the government needs to reverse its cuts to search and rescue and ensure that our SAR teams have the equipment necessary, and in working order, to carry out their missions as quickly as possible. These are life and death situations that these people are responding to in Atlantic Canada and around our coasts. It is too often the case that search and rescue missions are hampered because our dated equipment is not functioning or the teams are unable to arrive in a timely manner.

I think it is important that I also make a plug for the environment, in this respect. As I have already said, Canada is lagging behind once again. While the government has recently introduced legislation to increase oil and gas spill liability to $1 billion, this amount pales in comparison with the actual costs of the spill cleanup and the impact on our environment and local economies.

To wrap up, there is still a lot of work to be done to strengthen the safety of the offshore industry for our workers and for our environment. While Bill C-5 is a step in the right direction, I think it is incumbent upon the government to continue to work with the provinces, the stakeholders, and industry to prevent future disasters.

[Kelly Block, Conservative, Parliamentary Secretary to the Minister of Natural Resources]

Mr. Speaker, both provinces have already given royal assent to their respective bills to enact these changes, as has been noted. They are waiting patiently for Bill C-5 to pass through the House of Commons and come into force.

Justice Wells appeared at the natural resources committee and said he was pleased with the legislation. He stated:

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.

My question for the member opposite is this. Did he read the transcript of that meeting, and does he have any comments to make?

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, I will say that Commissioner Wells gave compelling testimony at committee. There is no doubt he worked hard to bring forward the important recommendations that led to the compilation of this piece of legislation.

He was also pushed on his recommendation 29, which called for an independent regulator, because he was suggesting that, although it does not have a single regulator in it, it is a good step forward nonetheless. He did acknowledge that the single regulator recommendation that he made, which is in existence in other oil producing nations, is extremely important and is not something that should be forgotten.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, I listened with great interest to my hon. colleague bringing us back to the terrible tragedy of Westray. Coming from a mining community, our families were certainly very struck by that. I remember being in Stobie Mine one time, and there was a safety sign on the wall. A miner said to me, “They only ever put that after someone loses an arm or after someone dies”. All the safety recommendations come after tragedies, which is why I would like to ask my hon. colleague about the importance of maintaining a full complement for search and rescue offshore, because we cannot afford to think maybe it will not happen. These things do happen, and we need to have the full force of the law and the search and rescue capacity.

Justice Wells talked about the need to have an independent board set up, yet the current government seems to show no interest in that.

The Minister of Natural Resources of Newfoundland and Labrador said that, while discussions have been ongoing with the federal government on the implementation of recommendation 29, the federal government has not indicated any interest in establishing a separate safety agency.

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, the member is absolutely right. We have seen search and rescue capability reduced under the current government. Offices have been closed and cut back. Their capacity and equipment are limited. In other words, our ability to respond is a serious problem.

During Dr. Dodd's testimony at committee, she made an interesting reference. She was recounting a conversation she had with John Crosbie, former lieutenant-governor of Newfoundland and Labrador and a long-standing member of this House, wherein he said to her, “We still don't know how to get those men off those rigs”. That goes to the whole question of the safety regime, but it more importantly goes to the resources that we put into search and rescue. We are not doing a good job in that respect.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I rise today on behalf of my constituents from Surrey North to speak to Bill C-5, the offshore health and safety act.

This bill is a culmination of over 12 years of negotiations that started back in 2001 between the federal government and the provincial governments of Nova Scotia and Newfoundland and Labrador. Now, as we all know, no bill is perfect. This bill is certainly not perfect, but 13 years later this bill is well past due. I am glad to see that this important step forward is being taken.

It is far past time that this legislated offshore safety regime be put into place. All workers, whether they work onshore in our communities or offshore, deserve to work in a safe environment and to have their rights protected. This bill places the overall responsibility for occupational health and safety on the operator. This means that the employer is responsible for implementation and coordination, although employees are still expected to take all reasonable measures to comply with occupational health and safety measures.

There are basically three principles in this bill: first, the offshore occupational health and safety laws must provide workers with protections at least as good as those that exist for onshore workers; second, the protection of employees' rights; and third, support for an occupational health and safety culture that recognizes the shared responsibilities in the workplace.

These basic principles address protections that should be available to all workers. It is a shame that offshore workers have had to wait this long for these protections to be afforded to them.

It comes as no shock to me that the Conservatives waited this long to bring this legislation to the House. This is not the first time we have seen the Conservatives drag their feet and delay long overdue legislation.

However, now that we have finally reached the point where we can give these offshore workers the protection they deserve, this bill represents a very necessary improvement to the current offshore health and safety regime, by finally placing safety practices in legislation.

My NDP colleagues and I have been calling for this type of strengthened regime for several years, and we are proud to support Bill C-5 at this stage.

I mentioned earlier that this bill is not perfect, and I would like to explain my comment. The glaring deficiency in this bill is the federal government's refusal to implement recommendation 29 of the Wells inquiry. The Wells inquiry took place after the March 2009 crash of a helicopter approximately 30 nautical miles from St. John's, that left 17 dead and 1 lone survivor.

Before Justice Wells made recommendation 29, he said:

I believe that the recommendation which follows this explanatory note will be the most important in this entire Report.

This is a direct quote from the author of this inquiry who made this recommendation. He pointed out that recommendation 29 was “the most important” of all the recommendations. Here is what it said:

29. (a) It is recommended that a new, independent, and standalone Safety Regulator....

An alternative option was also recommended in this report. However, unfortunately, Bill C-5 fails to establish either of these options. It seems the government is not committed to establishing this necessary reform and closing the gap that remains.

On this side of the House, we are committed to working with the Nova Scotia government and the Newfoundland and Labrador government to further strengthen health and safety by working towards the creation of an independent stand-alone safety regulator, as recommended by the Wells inquiry.

As Canadians, we should strive to set an example for the rest of the world. We should be leaders on the global stage. However, time and time again, we are faced with examples showing that we are not keeping up with global best practices. This has been apparent.

I made a speech just the other day when we debated Bill C-22. Canada is not keeping pace with the international standards set for nuclear and offshore gas liability. I will give an example, specifically how we are not even making the polluters pay for it themselves. I talked about my son and my daughter and the liability issues that are in Bill C-22.

The current liability for offshore gas, oil, or nuclear disasters is about $75 million, which we would now increase to $1 billion. We have seen the nuclear disaster in Japan and the disaster in the Gulf of Mexico. Recently, we had the 25th anniversary of the Exxon Valdez oil spill on the west coast, where I am from. We know for a fact that $250 billion is the rough estimate now of the cost of the disaster in Japan. The cost is in the tens of billions of dollars in the Gulf of Mexico, and it is the same for the Valdez disaster in the Pacific Ocean off B.C.

My point is that we are increasing the liability for these disasters to $1 billion for the corporations, the people who are producing the gas and oil, and the private industries that are operating our nuclear plants and so on. I will use an analogy from my own home shortly. The sum of $1 billion is not enough to clean up the mess that has caused hundreds of billions of dollars in damage. In other words, corporations are getting a free ride if there is a disaster, because guess who would be left holding the bag? It would be the taxpayers, Canadians, who are held liable for the rest of the cleanup.

We are not looking at other countries and the standards that are out there. We could look at other countries, such as Germany and other European countries, that have substantially higher liability for these issues.

I used the example of my kids the other day. My son is seven years old. He makes a mess and he does not want to clean it up. He cleans up a little bit of it, and he wants his sister to clean up the rest of it. His sister comes to me and says no, it is his mess and he should clean it up. My wife and I have explained to my son that it is his mess and that he needs to clean it up. He cannot pass on his mess to someone else.

That is what we are doing. We are not looking at other standards. That is what we are doing with regard to the liability issues for nuclear disasters, oil, and gas.

We need to look at other governments among our partners, including south of the border and other nations, to find ways of improving it. That is the case in this particular situation, where one of the major recommendations is to have an independent regulator, as Justice Wells pointed out. We need a new independent and stand-alone safety regulator, and we need to look at what other countries are doing for best practices. We have not done our job here. That was one of the recommendations made by the Wells inquiry. It clearly pointed out that this was the most important recommendation. Again, it was ignored by the Conservatives.

Countries like the U.K., Australia, Norway, and the United States have all recognized the value of an independent offshore regulator and have taken steps to put it into action. Why should the Canadian offshore gas industry and Canadian workers be treated any differently? That is my question for the Conservatives. Why should our offshore industries and workers be treated any differently from their counterparts in our partner countries around the world, whether in Europe or south of the border?

Instead of setting an example, with Canadians being leaders in a particular area with other countries to follow, we are lagging behind. It is time we reversed this trend.

Here is another example. We are world leaders when it comes to conducting elections. We are viewed as a model for other countries. We also learn from other countries. We use some of their best practices and they use some of ours. I am very proud as a Canadian that our election model is used worldwide to conduct fair elections. What are we doing in our country? We have had the top three electoral authorities, the elections commissioner, Elections Canada people, and Mr. Neufeld, testify at committee that the changes being brought forward by the Conservatives in the unfair elections act will not strengthen our current electoral system. In fact, they will disenfranchise hundreds of thousands of Canadians. That is not an example we want to set. We want to go in the right direction. The right direction is to improve the systems that we have in place and to ensure that not only are our democratic values protected, but also our offshore workers, so that they have the same safety level as onshore workers. It is a very disturbing trend that we are witnessing from the government. We need to improve the safety of our workers, onshore and offshore.

Not only does the bill not provide an independent, stand-alone safety regulator, or an autonomous safety division within the petroleum board, but our efforts to provide for a review of the bill in five years were also voted down by the Conservatives at committee. This, yet again, demonstrates the Conservatives' lack of interest in further strengthening the bill. Allowing for a review of the bill in five years' time would have provided an opportunity to re-evaluate whether an independent safety regulator were needed. Even if the government did not put in the safety regulator in the first place, we asked at committee for a review after five years. Perhaps they would find evidence that we do need an independent safety regulator.

When we talk about evidence, it is very clear that science and facts do not really figure into the Conservative equation, whether on the environment or jobs. The government is using Kijiji facts to inflate the number of jobs created in the country. I have never actually used Kijiji, so I looked it up today. It is a website for people to trade household goods. In fact, one can actually buy a used tie on Kijiji, or used shoes, and there are other things created on the site. The fact that the government, which is allergic to research and facts, uses Kijiji of all websites to inflate the number of jobs available in the country makes ones suspicious of the other facts brought forward by the government.

I talked about the unfair elections act. The Conservatives say there have been many irregularities and that we need to strengthen our Elections Canada Act. They say “We need to make it fair, that there have been 15,000 irregularities.” When asked how many people were charged since Confederation with fraudulent use of voter identification cards and voter fraud, the answer is zero. The government cannot come up with any examples. Oh, it does have examples it makes up. I know that the member for Mississauga—Streetsville brought up some facts that he had to retract because they were false. Those are the kinds of facts and figures that Conservatives make up. It is unfortunate that they do this.

The real facts would be for them to concede that they are not appointing the regulator now, but that we should further evaluate the issue. That would make sense, that we would look at it five years from now and re-evaluate the situation to see if we needed a regulator. But the Conservatives turned that down. I have been here for a number of years now and we have seen thousands and thousands of recommendations made at committee to improve bills. We have heard from expert witnesses and stakeholders begging the government to make changes that would be beneficial to the stakeholders, the very people the laws would affect, and we have seen very few if any amendments adopted at committee stage.

I know that was not always the case. Usually members of Parliament were able to propose amendments to bills and improve them. That is the work of Parliament, to improve the legislation brought forward. That is my job, to bring forward the views of my constituents and the very people who are being affected by this. But, unfortunately, the Conservatives, who get their marching orders from the Prime Minister's Office, are told how they should go about this. We are seeing the same thing happen with the unfair elections act at committee. Reasonable amendments have been provided to improve the bill, but the Conservatives have again chosen to reject the amendments on a technical basis. Due diligence and good governance require the review of legislation, particularly in this case where we are dealing with complex legislation involving multiple levels of government. The behaviour here is consistent with the Conservatives' unwillingness to consider amendments that would strengthen the legislation coming to the floor of the House. It is not the first time we have seen this, and I can guarantee it will not be the last.

Finally, I want to point out how refreshing it is to see a bill that represents the collaborative efforts of the provinces and the federal government, although it has taken eight or nine years to bring it to this stage. I am happy that finally the Conservatives were able to collaborate with the provinces.

I can give a couple of examples where Conservatives have failed to collaborate. I would like to announce to the House that I am very pleased that Port Metro Vancouver is up and running. Port Metro Vancouver is one of the largest ports in Canada. It employees directly or indirectly 60,000 workers. There has been a strike going on for the last four weeks. This dispute has been simmering since 2005. The truckers had brought to the government's attention over the last eight or nine years some of the issues they were having locally. What have governments been doing? They have done nothing over the last seven years to address these issues.

Last week, the Prime Minister went to Vancouver and said it was not a federal problem, but a B.C. problem. The B.C. government said that it was not its problem, that it was actually the federal government's problem. So with a problem that has been simmering for eight or nine years, the federal government and the provincial government could not figure out whose problem it was and we have lost billions of dollars as a result from the strike. I would put the blame squarely on the Conservative government and its inability to collaborate with the province.

Again, this bill could be greatly strengthened. One of the things it lacks is recommendation 29, which calls for an independent regulator.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I listened with great interest to my friend across the way.

I have a couple of questions for him. First, has he ever heard of Vince Ready? If so, how did he get involved with the dispute at the port?

Also, it appears that the NDP is promoting Kijiji. Do any of the New Democrats have any actual interests in there, and did they use Kijiji for the renting of facilities to promote the NDP in ridings that it does not hold?

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, I rise on a point of order.

We are always told that we have to deal with government business instead of those kinds of cheap shots. We are dealing with a serious issue here, the safety of lives, so if the man wants to do a clown act, I would prefer that he does it outside and not within the chamber.

[The Acting Speaker, Barry Devolin]

First, in response to the member for Timmins—James Bay, some of the language in his point of order itself probably goes beyond what is necessary.

That said, the hon. member for Surrey North took great breadth in his speech. He referred to many issues that arguably are not directly related to Bill C-5 and wandered afield. The subsequent question from the member for Langley followed up on two of the points raised by the member for Surrey North, neither one of which would seem to have much to do with the matter before the House.

I am going to go to the member for Surrey North for a very brief response. However, I would like to remind all hon. members of the matter that is before the House, which is Bill C-5. Both the questions and the answers ought to refer to it.

The hon. member for Surrey North.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I know we have quite a bit of leeway in regard to how we speak to the bill and I tried to bring different aspects to this discussion. I thank the member for asking the question in regard to Vince Ready and Port Metro Vancouver. Vince Ready is a very respected mediator in Vancouver, and I do respect him.

[The Acting Speaker, Barry Devolin]

Order, please. The member for Surrey North is in an awkward position in trying to answer a question that clearly has nothing to do with the bill. Therefore, I am going to move on.

Questions and comments, the hon. member for Saanich—Gulf Islands.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, when we are looking at issues on the offshore, we can all agree that this bill does go a long way toward improving the regulatory environment for safety. It has been a long time coming.

Does my colleague from Surrey North not agree that it would have been preferable if we had a more independent safety officer in this regime, as he indicated this in his remarks? He could perhaps expand on this point. That issue, to me, is the weakness of the bill we have in front of us.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, of course we have been calling for that measure. It is important to have independent regulators for health and safety hazard issues. We have actually been advocating for that. In fact, one of the key recommendations from the Wells inquiry was to establish an independent regulator to oversee health and safety. Again, we had offered an amendment to the bill that called for a review after five years.

We would think the government would look at some of the facts and figures, and that is why I brought up Kijiji earlier on. However, unfortunately, the current government does not look at facts and figures.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I would like to thank my colleague and commend him on his excellent speech. He provided a good overview of this bill and all the other nonsense that occurred this week in the House of Commons.

The NDP did excellent work during review in committee at report stage. The excellent NDP members on the committee took part in the discussions and listened to the witnesses. What is more, we proposed an amendment, which unfortunately was rejected by the Conservatives.

I do not understand why the Conservatives rejected this very simple amendment. It simply proposes a five-year delay before implementing the bill and determining whether or not there should be an independent, stand-alone offshore safety regulator.

Why did the Conservatives vote against this reasonable amendment? Could my hon. colleague explain this aberration to me? It seems quite reasonable to me to review this legislation every five years.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I thank my colleague, who asks lots of questions. We are seatmates, and I thank him for going on record to ask me this particular question.

I cannot speculate on why the Conservatives do not want an independent safety regulator. It makes on this side of the House for someone who is independent to be regulating the health and safety of Canadian workers.

That said, the member pointed out that New Democrats had moved an amendment to have this matter reviewed after five years. That would be the next logical step: to look at the facts and figures and see if the current regime was working. If it was not working, then we could take the extra step of providing an additional health and safety envelope for our workers, whether they are onshore or offshore.

With regard to the amendment, I will say on the record again that the government is allergic to facts and to some good ideas, and not only from the opposition. They are allergic to some good amendments even from the very stakeholders that many bills introduced by the government are going to affect.