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 25th, 2013 / 12:45 p.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I thank my colleague for her question.

I think that this is one of the most important points, especially since we know that, too often, this government fails to work with the provinces to achieve what is right for the public, whom all levels of government are supposed to represent.

In this rare instance, the federal government may have finally walked the talk when it comes to federal-provincial relations. Too often, the government says that it will consult the provinces but that does not happen.

The official opposition must also acknowledge the positives, and this is certainly one of those cases. We hope to see it again in the future. I do not want to get off topic, but I could mention the Minister of Infrastructure's silence on the Champlain Bridge and his unwillingness to work with the Government of Quebec. This is an example of a situation in which public safety is being jeopardized by a lack of communication. The Conservatives could learn from their own negotiations and their own bills. That is the case here, and I am concerned about my constituents.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 12:50 p.m.
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NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I am pleased to be rising today to speak to the bill before us, Bill C-5. It has a very long name, which I will not repeat.

Members will have heard my caucus colleagues who rose before me to affirm their support for this bill at second reading. I rise to affirm mine as well. However, like my colleagues, I do so not without reservation and not without the promise to do better when we get the opportunity in 2015.

Let me first deal with the positive. Bill C-5 represents the culmination of over 12 years of negotiations between the federal government and the provincial governments of Nova Scotia and Newfoundland and Labrador. It addresses a longstanding gap in legislation, one that has existed since 1992, related to occupational health and safety in the Atlantic offshore oil industry, by placing into the Atlantic accord's authorities the principles relating to occupational health and safety. In doing so, this bill effectively takes current occupational health and safety practices in that industry and codifies them in the form of legislation to be administered by provincial regulatory agencies.

The bill does a number of important things, but first and foremost it outlines the duties of occupational health and safety officers, and provides these officers with enforcement powers, warrant provisions, and inspection and investigation and other measures, in dangerous circumstances.

I mention that, notwithstanding my colleague's commentary earlier in this debate about the apparent conflict between those provisions and the budget implementation bill. It provides employees with the right to refuse to perform an activity that they have reasonable cause to believe is unsafe and affords the employees protection from reprisal for reporting unsafe conditions. This is the keystone to any occupational health and safety legislation. Further, the bill authorizes the relevant federal ministers to develop necessary regulations for both offshore work and the transit to and from that work.

All of what this bill would accomplish the NDP has called for in all relevant jurisdictions for many years. This bill stands for the benefits of a collaborative governance model, one that the government has not put into practice before, but one that sees the federal government and provincial governments working together to solve real problems and make meaningful change.

The bill leaves certain important work undone. The bill does not provide for either an independent stand-alone safety regulator or an autonomous safety division within the regulating petroleum boards.

The recommendation for an independent stand-alone safety regulator was made by the Hon. Robert Wells, as we heard this morning, as the result of his inquiry into the crash of the Sikorsky S-92A helicopter in March 2009, about 30 nautical miles from St. John's. That crash had but one survivor; there were 17 people who died.

Of this proposal, the Hon. Robert Wells wrote:

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

In making this recommendation, Wells looked to other jurisdictions and found that independent and stand-alone safety regulators were in place in Norway, the United Kingdom, and Australia, with a similar concept being developed, at the time, in the United States for offshore oil production in the Gulf of Mexico.

Wells wrote:

The oversight role which I am recommending would not conflict with the roles of other regulators, but it would when necessary enhance other regulatory measures. [...] Worldwide, the thinking and practices of safety have developed and changed greatly in the past quarter-century. In the C-NL offshore [Canada-Newfoundland and Labrador offshore oil industry], it is time for a new and comprehensive approach to offshore safety regulation.

He also suggested that should an independent safety regulator not be considered feasible, an alternative along these lines should be implemented: a separate, autonomous safety division of the Canada-Newfoundland and Labrador Offshore Petroleum Board with a separate budget and separate leadership, an organizational structure designed to deal only with safety matters, and a mandate and the ability to engage expert advisers to assist in its regulatory tasks; and an advisory board comprising mature and experienced persons who are fully representative of the community and who are not connected to the oil industry.

My deep concern about the omission of action on either the recommendation for an independent, stand-alone safety regulator or its proposed alternative is not informed by my knowledge of the offshore oil industry or of the particular hazards to health and safety related to the work or workplaces of that industry. Rather, it is from a number of years representing workers and workers as supervisors, as broadly understood and defined under occupational health and safety legislation, in an industry with its own particular hazards, the electricity industry.

For those of us who do or have done this kind of work, there is a single principle that governs and motivates what we do, say, think, and propose. That principle is prevention. It is taking all opportunities to ensure that tragedies do not happen, and when they have happened, to prevent them from transpiring again.

The work is always about identifying hazards and risks and removing the hazards, or if removal is not possible, mitigating the risks posed by those hazards. The reason for that approach, that principle, is simple. We talk about workplace or occupational health and safety, but what we are really talking about when we talk about workers are moms, dads, brothers, sisters, sons, and daughters. We cannot lose sight of that essential truth, because when understood in these terms, when it is understood that what we are doing is ensuring that mom or dad, son or daughter go home from work alive, then the value of prevention becomes, I dare say, obvious.

That responsibility for getting moms, dads, brothers, and sisters home every night falls on all of those in the workplace, most certainly. Occupational health and safety is a shared responsibility. Workers must care for each other, and part of doing so is sharing their knowledge and expertise with all parties in the workplace.

Fundamentally, this is an ethical issue. From knowledge of hazards and risks and knowledge of how to remove or mitigate those hazards and risks flows a duty, a legal duty, yes, but more fundamentally, an ethical duty, to save others from harm. That duty also falls on us here in the House and in all legislatures across this country at least as if not more heavily than it does on anyone or anything else, because we are uniquely privileged to have the power to respond.

That is indeed what this process is about in the House today: the bill and our ability to debate it, identify its shortcomings, and amend and improve it. In all of this is found our ability to do so much to ensure that moms, dads, brothers, and sisters make it home from work.

While we may all embrace the principle of the supremacy of Parliament, that does not obviate or in fact diminish in any way the onus on those who reject the very strong and clear recommendation put forward by the hon. Robert Wells to provide reasons for ignoring or rejecting that recommendation.

Therefore, we will send the bill forward, because in a sense, we have an obligation to. However, there is a question that remains outstanding, unanswered, which is why leave out that important recommendation? The onus to answer that question in a clear and compelling way, the onus to reject convincingly the arguments put forward by Justice Wells in his report, continues to rest on the shoulders of the government, at least until it becomes moot because a better government comes along to put in place that independent, stand-alone safety regulator that will make workers safer, because a mom, a dad, a son, or a daughter is more likely to come home from work because of its existence.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 12:55 p.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

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

Near the end of his speech he mentioned that the debate gives members a chance to identify shortcomings in the bill. I also mentioned that in my speech.

We have been debating this bill for several weeks and we have tried to bring up some issues. Just because we support the bill does not automatically mean that it is perfect. We have questions, but we cannot get answers from the Conservatives. I think that is unfortunate. I wonder what my colleague thinks about that. I imagine that he agrees with me, but I would like to hear his thoughts.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1 p.m.
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NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I suppose, two and a half years into my mandate to represent the people of Beaches—East York in this House, I should be hardened to the government's negligence in these matters. However, I am still surprised by its failure, and perhaps lack of courage, to stand in the House and respond to a very simple question. Why leave out the recommendation by Justice Wells, the recommendation he described as so important? In fact, it is the most important recommendation that flowed from his inquiry into that tragic crash. It is a simple question.

The debate in the House seems to have come down to a very narrow focus, and the focus seems to be how we can do better. Why can we not improve the bill? What, in fact, is the government's issue with implementing that important recommendation of Mr. Wells? I would most certainly welcome the opportunity to listen to any member on the government side who answered that question.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1 p.m.
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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I would like to thank my colleague for his fine speech. He mentioned that an NDP government would have taken a different tack in the negotiations on Bill C-5, and he also talked about how an NDP government would have worked with its provincial partners.

I would like to let my colleague say a little more about how an NDP government would work on improving the well-being of Canadians from coast to coast, and more specifically when it comes to protecting the rights of workers on those coasts.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1 p.m.
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NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I mentioned earlier that there has been a legislative void on this issue since 1992. Some amendments to the Atlantic accords triggered the absence of legislation dealing directly with health and safety provisions for the Atlantic offshore oil industry. Knowing that, there flows a responsibility on our behalf, on all those who sat in this House from 1992 onwards, to fill that gap and respond to it in the interests of the workers who work in that industry and put their lives at risk every day they go to work.

We have seen that the negotiations that started in 2001 were indeed triggered by another tragic event offshore, another helicopter crash. Again, the inquiry that seems to be the subject of most of the debate, and certainly of our commentary here, which Hon. Justice Wells undertook, was also triggered by the death of 17 people in a helicopter accident.

I do not think we can ever forget our responsibility in this House to ensure that Canadians are safe in their workplaces, safe at home, and safe in the public, and I would like to think that we in the NDP would have responded immediately, in a collaborative fashion, with other jurisdictions, to fill that legislative gap many years ago.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1 p.m.
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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I am proud to join my colleagues in supporting Bill C-5 at second reading. Before beginning, I would like to say that I will be sharing my time with my colleague, the extraordinary member for La Pointe-de-l'Île.

The bill before us today is important. It is the result of negotiations that have gone on for a long time now, for more than 12 years in fact, between the governments of Canada, Nova Scotia and Newfoundland and Labrador.

This bill seeks to remedy long-standing issues in existing legislation relating to health and safety standards in offshore areas, with regard to the oil and gas sector.

If passed, Bill C-5 will enshrine safety practices in legislation, and it will establish a framework that clarifies the individual and collective roles of the federal government, the provincial governments, regulatory agencies, operators, employers, suppliers and workers.

There are three key principles that underlie Bill C-5. First, the legislation relating to workplace health and safety must protect workers in offshore areas as well as workers on land. In addition, workers have the right to know, to participate, to refuse, to be protected from reprisal and to receive adequate protection. Finally, it is necessary to support an occupational health and safety culture that emphasizes shared responsibility in the workplace.

The NDP is proud to support Bill C-5, which will make it possible to establish a stronger system for the protection of workers, which the NDP has been demanding for a very long time now. Clearly, in our view, the bill still does not go far enough, but it is a step in the right direction just the same. That is why we are going to support it. We hope we will be able to work with our colleagues from all parties to improve the bill and ensure that in offshore areas the workers in the gas and oil sector will enjoy adequate workplace health and safety protection.

Quite frankly, I find it rather refreshing that the Conservatives are introducing a bill that provides greater protection for workers' rights. This is surprising. We are not used to seeing the government take this kind of approach—quite the opposite.

Indeed, since winning a majority, the Conservatives have introduced a growing number of measures to erode protections for workers and undermine their rights, which is very unfortunate. This represents a small change in direction. However, we should certainly not forget the various measures the government has taken to effectively undermine the protection regimes in place for our workers in various sectors.

I am particularly thinking of Bill C-377, an underhanded and mean-spirited bill designed to cripple Canadian unions by creating a massive bureaucracy they have to comply with, under the phony pretext of increasing the transparency of organizations. However, everyone knows full well that the Conservatives' real objective in introducing such a bill is to undermine the unions' ability to appropriately represent their members and defend their rights.

We know that the members opposite may find this concept difficult to understand, because in fact, none of them are participating in today's debate. We are talking about protecting workers and implementing very important measures to protect the people who work in the oil and gas industry—which the Conservatives care deeply about. However, they do not even bother to rise, to represent their constituents and defend the rights of workers.

However, they have no qualms whatsoever about introducing a growing number of measures to undermine the rights of workers in various industries. To be honest, this makes no sense at all.

I can mention another measure that attacked workers' rights, namely the special legislation passed by the Conservatives during the Canada Post lockout in June 2011. This legislation forced the employees back to work, obviously under worse conditions, while reducing their pensions and their protections, which were in fact acquired rights. The Conservatives gave themselves the power to gut certain measures that had been negotiated between the employer and employees. The Conservatives, however, clearly decided to circumvent all that.

This also brings to mind the recently tabled Bill C-4, which ironically weakens workers' health and safety protections. It also allows the minister to decide, unilaterally in a totally arbitrary way, which public services to designate essential, thus limiting the actions workers will be able to undertake to defend their rights or demand better working conditions.

Finally, who could forget how the Conservatives have gut the employment insurance system? They are leading a direct attack against seasonal workers all across the country. The Conservatives are not only failing Quebec and the eastern provinces: every part of the country will feel the impact of the employment insurance reform.

In my riding, Portneuf—Jacques-Cartier, not a day goes by without someone phoning or visiting our office because they are adversely affected by the EI reform, a reform the Conservatives pushed through without consulting the provinces, the territories or labour organizations.

All these examples illustrate the Conservatives' general attitude. Luckily, there is a tiny glimmer of hope now, since Bill C-5 would provide some workers with additional protections. Let us seize this ray of hope.

The NDP will support this bill. I must say again, though, how disappointed I am that the Conservatives are not taking part in the debate on Bill C-5. It may be that they have forgotten how debates work, or that they have no idea how to defend workers' rights, since they have never done it before. Why start now? Even though the Conservatives are introducing a bill about workers' rights, they are so close to big corporate bosses that they can no longer rise in the House and defend workers' rights, even when they should be standing up for their constituents.

NDP members will keep up the good work, doing their best to stand up for Canadians, including those the Conservatives should be standing up for. Today's debate is important. It is a shame so few government members are actually taking part in the debate.

Let us get back to Bill C-5. As I said earlier, this bill will improve the lives of offshore workers in some ways. However, it does have some shortcomings, the most significant of which is the fact that the government refused to create an independent, stand-alone safety regulator for the offshore zone. The governments of Nova Scotia and Newfoundland and Labrador have repeatedly called for this, but the Conservative government refused at every stage of the 12 years of negotiations.

In his June 2010 report, the hon. Robert Wells made several recommendations, including recommendation 29, which he believed to be the most important one in the report. The recommendation called for the creation of a new, independent and stand-alone organization to regulate safety issues in the offshore. This organization would have to be distinct and independent from all other bodies regulating offshore activities and would be solely responsible for regulating safety issues. Similar organizations exist in Norway, the United Kingdom and Australia. The United States is also considering setting up this type of body in the Gulf of Mexico. The Conservatives, however, have refused to even consider the idea. That is not how an NDP government would have handled things. We think it is important to create that kind of body. We will work toward that, which means that we will continue to pressure the government to create that kind of body, and we will continue to support our provincial partners as they work toward that goal, which is very important.

Various accidents and tragedies have occurred on our coasts, some of them fatal. Several of my colleagues have talked about that in the House, including my colleague from St. John's East. Despite everything, despite the Wells report and despite the fact that people from across the country have repeatedly asked the government for this, the government will not budge. Such an organization is not included in the bill and will not be created.

I think that is a shame because there are some measures in Bill C-5, measures that protect worker health and safety, that the NDP can support. We will be happy to do so.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:15 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I found my colleague's comparison of Conservative policies quite interesting. Since 2011, the Conservatives have shown real contempt for workers' rights. I would like her to elaborate on that. Perhaps the Conservatives are doing some soul-searching and waking up to the fact that the safety and rights of workers are fundamental in a country like ours.

Could my colleague elaborate on that aspect of the bill, as well as on the Conservatives' lack of goodwill?

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:15 p.m.
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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I would like to thank my colleague for her question.

I would like to believe that the Conservatives have had a revelation, a eureka moment. Then they would understand that it is important to protect our workers. Unfortunately, if we look at Bill C-4, which I spoke about and which was introduced just before Bill C-5, and if we consider all of the measures that have been implemented by the Conservatives since they won a majority, I have a hard time believing that is the case.

I am not overly optimistic that this government will protect workers in sectors outside the gas and oil industries. Since the start of the Conservative mandate, workers in the federal public service in particular have become this government's scapegoats for absolutely everything. Measure after measure is being adopted to eliminate positions, reduce the quality of working conditions and so on, all because it is easy to do.

I would really like to see the Conservatives bring in more measures to improve working conditions for workers in all sectors, but that is not what we are accustomed to under this government. Unfortunately, I am afraid that this is just a one-off. However, I will give them the benefit of the doubt. We can only hope that things will improve and that the Conservatives will start listening to the workers in various sectors, the people they represent in their ridings. It will be up to the Conservatives to prove that they really have the best interests of Canadian workers at heart.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:15 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I wonder if the hon. member finds it as surprising as I do that when the Conservatives put forward an important piece of legislation such as this and we raise concerns about it, they fail to put up speakers on the bill or participate in the questioning or respond in any way to the very important questions that we have raised in this debate. Instead they just sit silent. I wonder what her reflections are on that.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:15 p.m.
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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I wish to thank my hon. colleague for that important question, because it gives me the opportunity to emphasize how troubling it is that no Conservative members are taking part in this debate.

We were elected to come to this House, defend the interests of the people we represent, engage in dialogue and introduce bills, as well as to try to improve the content of those bills through debate and discussion. However, this government prefers to rest on its laurels and simply not participate. Frankly, this attitude is appalling. It is unworthy of the mandate we have been given and unworthy of voters' confidence.

It would be nice if even one Conservative member would rise to take part in the debate for a change. Then at least one member would be taking their responsibilities seriously and fulfilling their duty as an MP, which might make that person deserving of their constituents' trust.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:15 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I think it is very important to point out today that, although I have had countless opportunities to debate issues in the House of Commons, unfortunately, I have rarely had the occasion to congratulate the Conservatives. As I rise today to speak to Bill C-5, I would like to tell them that, even though we support this bill, we are not completely happy with it. There are still improvements to be made.

I would like to point out that, all too often, the Conservatives complicate things when they could be drafting bills that are in the best interests of Canadians. I am thinking, for example, of Bill C-5. This bill was drafted in consultation with stakeholders and the Atlantic provinces, and even after 12 years of talks—which is quite a long time—it does not take into account the most fundamental recommendations contained in the report.

For that reason, I would like to ask the Conservatives why they are trying to pass a bill that does not go all the way and why they are always passing bills that are full of holes and leaving the courts and Canadians with unclear legislation.

What is wrong with this government is that its members are not capable of taking their responsibilities seriously. Things have reached the point where—as my colleague from British Columbia just mentioned—they are not even debating their own bills. That is completely ridiculous. The government introduces bills and then refuses to stand up for them and respond to Canadians' concerns.

That is what is wrong with this government. I am sorry to say so because I greatly appreciate my colleagues on the other side of the House. This bill could have been a wonderful bill had the Conservatives taken into consideration the main recommendations of the report. All of the experts and groups who were consulted said so. The bill is good but it could have been even better had the government really listened to their requests and simply acted on their recommendations.

Unfortunately, I do not think that we will ever know why the government did not do so. It is too bad that, day after day, this government refuses to debate its bill and improve it in order to give Canadians the best legislation and the best protection possible.

That being said, I would like to address the positive aspects in the bill, because I think it is important to do so. We know the Conservatives’ past history in terms of workers’ rights and in terms of work in general. I hope this shows that they are now taking Canadian workers seriously and that they are coming to their defence.

In my view, enshrining health and safety provisions for Canadians in legislation is very important because it provides clear guidance for employees, employers and provincial regulatory agencies. It should be mentioned that the step we are taking is a very important one. Basically, all the agencies and all the provinces agree that this is a sound piece of legislation. On the other hand, there is still room for improvement in the bill’s content, and I will come back to this point a little bit later in my speech.

As I mentioned, the bill addresses shortcomings. It was in 2001 that the government began negotiations with the provinces, and this bill is therefore the culmination of 12 years of effort.

The government is there to listen to the provinces and not necessarily to play the devil’s advocate all the time. Unfortunately, even when it is playing the devil’s advocate, it is not even able to put forward a bill that implements the recommendations that it said it wanted to implement. That is too bad.

For instance, in 1992, it was decided that health and safety matters would be removed from the legislation. This made things rather hazy. The provinces had to move ahead in different ways without a set of legislative guidelines for enforcing health and safety principles.

We know how complicated things can be in the Atlantic provinces because of offshore oil and gas development. We know, for instance, that BP is beginning new exploration off the coast of the Atlantic provinces. We are moving toward more oil and gas development. This is the perfect time to pass clear-cut regulations to protect people who may even be risking their lives on offshore oil rigs. This is really important.

I would really like to congratulate the government for finally recognizing the rights of these workers. They have the same right to protection as all other Canadians.

I know that the Conservatives have policies on union rights that are quite regressive. We have seen it with Canada Post. We have seen it with Air Canada and Aveos, with the Air Canada Public Participation Act.

I think it is important to note that, perhaps today, the government has done a little bit of soul-searching and has come to the conclusion that it is there to protect workers, not private organizations.

As I said, the bill describes the duties of operators, employers and employees. This is important. While occupational health and safety regulations must admittedly be put in place for the benefit of employers, employees must also have benchmarks for guidance and a clear framework to know exactly where they stand. For example, while an occupational health and safety culture must be instilled in both employees and employers, employees must also be protected.

I want to focus on one very important provision. Bill C-5 gives employees the right to refuse to perform a task that constitutes a danger to themselves. Of course, the bill also makes it clear that employees must have reasonable cause to believe that performing the task would constitute a danger to themselves. I believe this is important. The provisions benefit employers as well as employees.

Another very crucial provision protects employees that report unsafe conditions from reprisals. This might help to prevent major disasters, like the one that occurred in the Gulf of Mexico.

It is important, in my view, to establish an occupational health and safety regime. The government must focus on doing this not only for the safety of Canadians, but also to prevent disasters and to safeguard all Canadians from problems of this nature.

Since my time is running out, I would like to turn to recommendation 29. As I mentioned, the government conducted negotiations and held talks with the provinces for 12 years, but it disregarded the most important recommendation, one on which all provincial organizations and the provinces wanted the government to show some leadership. That recommendation called for the creation of an independent safety regulator.

It is very important to note that a number of countries have already established this type of independent body. As my colleague from Portneuf—Jacques-Cartier stated earlier, these countries include Norway, the United Kingdom and Australia. The United States is considering the possibility of establishing one such body.

If the government really wants to show that it is willing to take action, it must go all the way and meet all of the provinces’ demands.

In my estimation, this is important. If the government really wants to demonstrate its willingness to take action, it must follow through and meet all of the demands made by the provinces.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:25 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I thank the member for her very cogent speech on this topic. I would just like to reflect again on the failure of the Conservatives to respond to any of the concerns that she raised in her speech during the time available to them during this question period.

I will give her another chance to reiterate some of her major concerns and see if we can get any of the Conservatives to stand up and take part in this debate.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:30 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I mentioned it in my speech. I have been here all morning listening to my colleagues speak and extend a hand to the Conservative government, asking it to work together with us, as should be the case in Parliament, so that Canadians can be safer and the best possible occupational health and safety legislation can be adopted.

Unfortunately, not one of my colleagues opposite, not a single Conservative member, has been willing to take up our offer to work together and demonstrate this government’s good will. Where the rights of workers are concerned, this government is, regrettably, cultivating the negative image it has across the country.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:30 p.m.
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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I do have a question, and I look forward to the Minister of National Defence's comments on this legislation after we have finished. He is the former Minister of Justice. He can come back and join in the debate. We will be happy to have him.

However, I was wondering whether the member had any comments on or was surprised by the length of time it has taken this legislation to come forward. I am reading an article here that was written by legal counsel from the Canada-Newfoundland and Labrador Offshore Petroleum Board. It is dated 2003, and it talks about how the negotiations are almost concluded.

Why does the member think it has taken at least two Liberal governments and three Conservative governments to get to the point, 10 or 12 years later, where we finally have legislation? Why was this issue so low on the priority list of these governments?