Offshore Health and Safety Act

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

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Joe Oliver  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

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

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:25 p.m.
See context

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, I would like to congratulate my colleague on his speech. I agree with my colleague who asked the previous question.

I know that the member for Gaspésie—Îles-de-la-Madeleine is passionate about standing up for his constituents. He really understands the issues they care about. As the MP for a coastal region, what does he think of the fact that the government waited so long to introduce this bill and really take action? What impact have the Conservatives' delays and failure to implement these measures had where he is from?

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:25 p.m.
See context

NDP

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

Mr. Speaker, I would like to thank my colleague for her excellent question. I would also like to thank her for the work she is doing in her riding and her fondness for the people of Gaspésie—Îles-de-la-Madeleine. I know that she cares about them.

The long wait has made people very concerned about the offshore oil and gas industry. Had the government introduced regulations and laws to protect the health and safety not only of workers, but also of the environment much sooner, people in our region would have had an opportunity to share their ideas long before now. They would have had a chance to air their concerns, and they might have found their way to a consensus about how to develop marine resources.

Unfortunately, the government did not do that, and that is why people are hesitating now. They are very scared. They are worried about the fact that this could endanger all of the region's other industries, including tourism and fishing. Now, people are just not ready to give the go-ahead to offshore oil and gas development, and they have good reason to be concerned. The government could have implemented regulations and laws to ensure safe and sustainable development, but it did not. It did the exact opposite.

Because the government eliminated all kinds of environmental protections in Bill C-38, and because of the shortcomings of Bill C-5, which is before us now, people are not at all keen to give the go-ahead to offshore oil and gas development. The government should have been more reassuring. The government is supposed to protect the people, but it seems more inclined to do the opposite and endanger them. That is absolutely unacceptable.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:30 p.m.
See context

NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, I thank my hon. colleague for his speech.

Newfoundland and Labrador’s Minister of Natural Resources said that although discussions with the federal government regarding the implementation of recommendation 29 are ongoing, Ottawa has not shown any interest in creating a separate body to regulate safety.

Someone mentioned timelines. It took over 10 years for Bill C-5 to be finalized and debated in this House. In this case, we are also talking about a deficiency the Conservatives seem to have in their attitude towards their provincial counterparts.

We also saw this with the health transfers and plans to enhance a Canadian pension plan. We see this in other areas as well. What is happening in my colleague's riding regarding employment insurance is a very good example of this Conservative government's lack of co-operation, failure to listen and lack of leadership when it comes to working with the provinces.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:30 p.m.
See context

NDP

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

Mr. Speaker, I thank my colleague for her question. She raises a very important point.

Co-operation can only be beneficial. However, the Conservative government never seems to want to meet and co-operate with an organization. It does not want to meet provincial premiers. It always has a hard time putting forward legislation that ensures sound development from coast to coast.

The government is prepared to introduce bills that allow the exchange of finished products in a free trade market in Canada. However, it seems to have problems protecting the rights of Canadians. When we are dealing with Canadian values, it always hesitates and seems to back down. The Conservative government is unable to co-operate in a healthy, respectful and, above all, permanent fashion. It always acts randomly and on an ad hoc basis. We never know when it wants to co-operate.

Normally one would expect the federal government to always want to co-operate with its provincial counterparts. Unfortunately, the government always digs in its heels and is unable to accept the idea that its legislation is just not perfect. This is a very ideological approach and it is not based on facts.

This is why today we also fought for keeping InSite in Vancouver open. We would like to see other regions of Canada benefit from Vancouver's experience. Again, the Conservative government is unable to co-operate with experts from the regions of Canada to improve the health and safety of citizens onshore.

Today, we are also dealing with health and safety offshore and the government is unable to co-operate. Whether it is onshore or offshore, there is no co-operation. All that is left is, perhaps, extraterrestrial co-operation. I do not know whether the government will have more luck with the Americans in space. However, I do know that when it comes to the law on earth, the government has a lot of problems.

I would love to see the Conservatives work more effectively with their counterparts and show that they understand the reality of workers, who are merely asking for some respect. They want the government to stand up for them. This is a value that the Conservative government does not seem to understand and find extremely difficult to support, assuming it can even support the idea of protecting the right of workers in Canada.

I hope the Conservative government will carefully re-read the Wells commission report and draw the appropriate conclusions.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:35 p.m.
See context

Liberal

Scott Andrews Liberal Avalon, NL

Mr. Speaker, it is a pleasure to stand today to speak to this particular piece of legislation. We are talking about the offshore, and there is so much happening offshore of Newfoundland and Labrador right now. It has been one of the major things that has contributed to our economy over the last 10 to 15 years. There is more and more happening in the offshore.

We are fortunate enough to have this resource off the coastline; we are using it to our benefit and are seeing the benefits from it. However, when there is any sort of employment offshore or on the water, there are risks involved, and Newfoundlanders and Labradorians are no strangers to the risks involved with working offshore and in hostile environments. They do so knowing that government is there to protect them if something goes wrong and that government and industry are there to move things forward in a proactive manner to ensure workers' rights are protected, whether it is the fishery or offshore oil.

The benefits are really being seen in Newfoundland and Labrador now from the offshore developments. In particular, in the riding I represent there are two more developments on the horizon. Hebron is being built in Bull Arm in my riding, again another offshore development, and the west White Rose extension GBS is going to be built in Argentia, also in the riding of Avalon. People are really pleased to see the offshore being further developed. However, they are no strangers to the accidents that happen when they are working in this environment. We remember the Ocean Ranger disaster of many years ago and the number of lives that were lost. It is something always close to our minds and hearts.

More recently, there was the Cougar flight 491 on March 12, 2009, shortly after my election to this place. We had to deal with that. There were 17 victims in that particular crash, whom we remember. They were ordinary people who got up in the morning to go to work and did not come home. Of those 17 victims, five were from my riding: Gary Corbett from Conception Bay South, Wade Duggan from Witless Bay, Derrick Mullowney from Bay Bulls, Paul Pike from Shearstown and Allison Maher from Aquaforte. We remember the workers who went to work that day and did not come home. That is where we are today with this piece of legislation.

The Wells inquiry had 29 recommendations to try to protect and enhance safety in the offshore, and many of the recommendations have been dealt with by industry and the C-NLOPB so that accidents do not happen again. Recently, I had an opportunity to tour Cougar Helicopters' operations in St. John's and speak to representatives about their search and rescue capabilities and how they have managed to implement some of the recommendations from the Wells inquiry, one of which is wheels up in 20 minutes. The Cougar employees work search and rescue 24/7, 365 days a year. They are very proud of what they do and that they are there to protect workers in the offshore. They have the technology and capability to perform search and rescue. This is solely for the offshore oil. This search and rescue is only contracted by the oil companies.

Then there are the men and women at CFB Gander and the search and rescue squadron there that supplements the search and rescue capabilities for the offshore. It is somewhat limited in its response times after hours, and it is something that the government needs to move forward.

Another aspect of the offshore that impacts Newfoundland and Labrador, particularly in my riding, is that all this production of offshore oil has to go somewhere. The majority is shipped in supertankers down to the eastern seaboard or into New Brunswick to be refined, but a lot of it goes in through Placentia Bay and into the transshipment facility there, next to Arnold's Cove and Come By Chance.

A lot of people do not realize that Placentia Bay is the busiest seaway in all of Canada. Yes, we have the St. Lawrence, which is busy in traffic and the number of ships, but St. Mary's Bay actually has the highest tonnage of traffic in all of Canada. It is something we have to be very mindful of, because it is not a matter of whether there is going to be an accident, but a matter of when.

Accidents do happen. This is where we need to be more prepared to get in there and respond. That is where government, working with industry, needs to come together and be ready to go. The Coast Guard needs to pull up its game. A number of reports have come forward saying the Coast Guard does not have the ability and response time for a major oil spill in Placentia Bay. Industry is also tasked with an oil spill response time, and it must continue that preparedness and have the resources, supplemented by the Coast Guard.

Getting back to the bill at hand, it is the first update of this legislation in over 20 years. We have been working in the offshore of Newfoundland for more than 20 years. It started with the first development, with Hibernia and all of the exploration that happened around that. This is really the first update in the last 20 years of this particular piece of legislation. It deals with occupational health and safety and the frameworks around that. It recognizes workers in transit for the first time, those workers who travel via helicopter to the offshore production rigs, as well as the offshore exploratory rigs. There is a lot of exploration going on off the east coast.

We need to make sure our workers are protected, and we will support this piece of legislation because it does update the necessary aspects. The only problem is that this law is somewhat behind the times. Most of what is recommended in this legislation is already in practice right now because of the Wells inquiry and the C-NLOPB. A lot of this has already been done. It is not something that requires industry to do a whole lot more, because it is doing it anyway. No flights in bad weather, unsafe seas, and having new immersion suits and breathing apparatus are practices that are already in place right now. This legislation does not really do anything to enhance the protection of workers; it just implements what is actually current practice.

I know we sometimes criticize people for the sake of criticizing, but I also like to give credit where credit is due. I know from my conversations with the C-NLOPB, the Canada–Newfoundland and Labrador Offshore Petroleum Board, that the people there do take occupational health and safety and the safety of workers very seriously. They have the tools to make sure the oil companies are abiding by the rules. They have the tools to go offshore and go on these vessels and production facilities to make sure that occupational health and safety are number one.

We can always do better. This is where this piece of legislation falls short. It has been two years since the Wells inquiry, since the final chapter of the report of the Offshore Helicopter Safety Inquiry phase II came into play and the response from the C-NLOPB. It was August 15, 2011.

Two years have gone by, and the government has not seen the need to implement a few of the recommendations. Those recommendations have been spoken about today. I will re-highlight two aspects of the recommendations that came forward and on which the government has not acted.

It would have been a pleasure to come here today and say the government has acted upon all the recommendations from Justice Wells. It was a very substantial piece of work. However, one of the recommendations that the government has not acted upon is the 30-minute run-dry capability. One of the key recommendations from the Transportation Safety Board when it did its reports and analysis of the Cougar flight 491 crash was this run-dry capability. It is an issue that has been identified on this particular helicopter, and it is something that needs to be implemented in regulation. These helicopters that are travelling offshore need to have this capability.

As we move forward, we are going further east and further offshore to do exploration. We are going further north off the coast of Labrador. These helicopters only have a certain range at the best of times. A couple of the Cougar helicopters that we saw have internal fuel tanks to make sure they have that range.

Now that we are continuing further east and further north, we need to make sure that if something happens, the helicopters do have a 30-minute run time, so they can get low, get to the coast, and land safely without incident.

This is one key recommendation that Justice Wells made that has not been acted upon.

The other key recommendation that was made, which was also mentioned earlier, is recommendation number 29, and that is the focus on a separate offshore regulator for safety. This was a key recommendation from Justice Wells that needed to be done.

The C-NLOPB does do good work; it is safety conscious. However, one of the checks and balances between industry and the petroleum board would have been an offshore independent safety regulator.

This is a key recommendation. The government has had two years to think about this recommendation. Some of the families of the victims of the Cougar crash have said the government has come up short and has not looked at these two key recommendations. That is something that should have been incorporated into the bill, but it was not.

The government has not gone far enough. It has only gone up to where the industry and the offshore companies are right now. They have not done anything beyond their capabilities.

That is something that needed to be done, and the bill falls short.

We will be supporting this piece of legislation and calling upon the government to go even further in promoting and securing the safety of the employees and our loved ones who go offshore. Many of them work very long hours and spend large amounts of time away from home. I have personal friends who have suffered a lot of stress. I have neighbours who work offshore and who travel a lot. It is a hostile environment. It is very nerve-racking to get on that helicopter. A lot of people have some stress and anxiety when travelling to the offshore. They need to know that they are in the safest helicopters, that they have the safest equipment, that their government is there to protect them if something goes wrong, and that industry is there to search for them and rescue them if something goes wrong.

Sometimes the government needs to step up to the plate and push industry and the regulatory board to do more. This is a case where the government has only come to where it is right now. As we start going further east and north, as I said earlier, it is important that we do look at it.

The bill does a little bit. It crosses over many jurisdictions, such as labour, health, transport, and intergovernmental affairs. There are many aspects to this situation. This is just one piece of the offshore in Newfoundland and Labrador, and Nova Scotia, because it applies to both offshore petroleum boards.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:50 p.m.
See context

NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, on March 12, 2009, a very tragic incident occurred off the coast of Newfoundland and Labrador.

Would the hon. member elaborate a bit more about that incident? What could have been done to prevent it? What effect did it have on the good people of the province of Newfoundland and Labrador, especially on the families of those unfortunate victims?

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:50 p.m.
See context

Liberal

Scott Andrews Liberal Avalon, NL

Mr. Speaker, it did have a great impact on our province and on those families. They never find closure in this matter. The victims were near and dear to them. They are constantly reminded about what could happen as they travel our province. When they go to St. John's and see the helicopters flying offshore, they will be forever reminded of this tragedy.

The provincial government is erecting a monument to honour these families and the victims of that crash, which will soon be unveiled, and Councillor Danny Breen in St. John's has been doing a really good job. His family was directly impacted by that tragedy. As I mentioned earlier, we think of the five individuals from my riding and their families. Whenever we see a helicopter going out over Signal Hill, we remember that tragedy.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:50 p.m.
See context

NDP

Yvon Godin NDP Acadie—Bathurst, NB

I rise on a point of order, Mr. Speaker, regarding my colleague from Avalon.

I believe there is a rule in this House about neckties. I have been here for 16 years and I have been stuck with wearing a tie all along. I wonder if the rule has changed. To be recognized by the Chair, we have to be wearing a tie. I would like a ruling on it.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:50 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

The rule in fact remains the same: all male members of the chamber, in order to be recognized, must be wearing a jacket and a tie.

I have been observing the member for Avalon and I cannot tell from this distance or from looking at the screen whether or not he is wearing a tie. I would ask him to address a comment to the House and indicate whether or not he is in fact wearing a tie.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:50 p.m.
See context

Liberal

Scott Andrews Liberal Avalon, NL

Mr. Speaker, I always have an extra tie in my drawer, and today I am wearing a tie. It is very cold here in Ottawa, and you are probably not seeing the tie through the sweater I am wearing today, but yes, Mr. Speaker, I am indeed wearing a tie.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:50 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the advocacy work the member for Avalon does, not only for his own constituents, but for the province of Newfoundland and Labrador. He has been there in many different ways to make sure the community is well represented.

We have before us a piece of legislation that has been in the works for a period of time. I cannot help but think that the government could have done more, given the amount of time we have been waiting for legislation to deal with the issue of workplace and environment safety and things of this nature. I believe the government could be doing more to bring forward better ideas to protect the interests of our workers in their work and travel environment.

I would appreciate a comment in regard to the helicopter ride, for example, from a base on land to one of the oil rigs in the ocean.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:50 p.m.
See context

Liberal

Scott Andrews Liberal Avalon, NL

Mr. Speaker, the government absolutely has not gone far enough. It has been five years since that tragedy. The government has had two long years since the recommendations were made by Justice Wells.

I am sure the Conservatives have had analysis done on all 29 recommendations. They have seen which ones have been fulfilled and which ones have not, but even today, when a question was raised to the minister in the House of Commons, the Conservatives had no clue about recommendation 29 and the offshore safety regulator.

It is a bit disappointing that they put forward this legislation, which we support, but it has not gone the full distance in making sure our workers offshore are protected in the best way they can be.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:55 p.m.
See context

NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, having worked in health and safety on behalf of workers for a number of years, I know that once one is aware of risks, there flows from that an ethical obligation to address those risks and eliminate them, or at least diminish them or mitigate them to the best of one's abilities. Those obligations fall heaviest on us as legislators.

Since the Liberal Party has raised the issue of time, I wonder why in the five years that its members had to address this issue from 2001-2006, they did not take the opportunity of those five years in government to actually address what they knew were risks to workers in this country.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:55 p.m.
See context

Liberal

Scott Andrews Liberal Avalon, NL

Mr. Speaker, like that member who has only been here a couple of years, I have only been here five years and I can only look at what we have done in the last five years. I am not familiar with what governments have and have not done in previous years, so I cannot answer that question.

Offshore Health and Safety ActGovernment Orders

November 19th, 2013 / 4:55 p.m.
See context

NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, has the hon. gentleman from Avalon had any conversations with the good people of Newfoundland and Labrador in the government regarding recommendation 29?