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 / 1:30 p.m.
See context

NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I will gladly answer my colleague’s question. I know how important this bill is to his constituents and fellow citizens.

Two things are apparent. As I have said repeatedly, this government is not serious about the importance of protecting workers and ensuring the health and safety of their workplace.

It is also clear that the government leans more toward protecting oil companies or is inclined to side with them. Indeed, it seems to favour the interests of private corporations over those of Canadians.

Also apparent, unfortunately, is just how long the government has taken to negotiate. Even more unfortunate, however, is that after 12 years, this government has rejected the most important recommendations. To cap everything off, the government is disregarding the report’s recommendations, contrary to what it said it would do.

Offshore Health and Safety ActGovernment Orders

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

NDP

Ryan Cleary NDP St. John's South—Mount Pearl, NL

Mr. Speaker, this is not the first time I have stood in the House to speak about the Canada-Newfoundland and Labrador Offshore Petroleum Board. Since being elected in May 2011, I have spoken about the C-NLOPB too many times to count. I have spoken about the problems and shortcomings of the Canada-Newfoundland and Labrador Offshore Petroleum Board many times, including patronage appointments.

The highest-profile appointment that comes to mind was the one-time campaign manager of Peter Penashue, the former Conservative MP for Labrador who served as minister of intergovernmental affairs in his short stint in federal politics. That campaign manager was no more qualified to serve on the board of the C-NLOPB than he was to run Penashue's fraudulent election campaign, which is why he is no longer on the board of the C-NLOPB.

For another thing, I cannot say how many times I have made reference to the 2009 crash of Cougar flight 491 that killed 17 offshore workers. The public's confidence in the C-NLOPB has been shaken. There is no doubt about that. Therefore, it is a welcome change to stand in the House today to support a bill that is actually focused on the health and safety of offshore workers.

It is about time. It is well past due. It is an important victory for the labour movement in Newfoundland and Labrador and in Nova Scotia, as well as for provincial New Democrats in both provinces, who have been fighting for this for a dog's age. They have been advocating for a legislated offshore safety regime for about a dozen years.

I stand in support of Bill C-5, an act to amend the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. The bill itself amends the Atlantic accord to place health and occupational safety regimes into legislation. The bill clarifies the individual and shared roles and responsibilities of the federal government, the provincial governments, regulators, operators, employers, suppliers, and employees.

Bill C-5 is based on three basic principles. The first is that offshore occupational health and safety laws must provide offshore workers with the same protection as onshore workers. The second principle is that the legislation protects and enshrines the rights of offshore workers. The third principle supports an occupational health and safety culture that recognizes the shared responsibilities in the workplace.

The bill authorizes both levels of government, federal and provincial, to work together to develop regulations for offshore health and safety. The bill also requires Transport Canada to develop occupational health and safety regulations for offshore workers in transit, such as when they are travelling to and from marine installations, rigs, and gravity-based structures, for example. There are only two ways to get offshore, in case it is not obvious. One is by air, meaning by Cougar helicopter or rescue helicopter, and the other is by offshore supply boat.

Let me be clear: Bill C-5 is positive news. It is good news. It is welcome. However, the bill does not go far enough. I have to stand again today to talk about the federal Conservatives and their failure to put the health and safety of offshore workers front and centre. Before all else, the health and safety of our people must be paramount, but that is not the case.

I referred earlier to the 2009 crash of Cougar flight 491 about 30 nautical miles from St. John's. Seventeen people died. There was one survivor. It was an incredible tragedy, yet another in a string of tragedies for maritime people such as Newfoundlanders and Labradorians. It was felt in every nook and cranny of Newfoundland and Labrador and around the country.

Justice Robert Wells conducted an inquiry into the Cougar crash. In his words, the most important recommendation of the entire report is recommendation number 29.

That recommendation called for the creation of an independent and stand-alone regulator to oversee safety in the offshore oil industry. Where is the independent safety regulator? It has been three years. The government of Newfoundland and Labrador supports it. Where does the Conservative government stand? Why has it failed to act on the most important recommendation of the Wells inquiry report?

Let me quote from that Wells report. It states:

...the Safety Regulator should be separate and independent from all other components of offshore regulation and should stand alone, with safety being its only regulatory task.... Independent and stand-alone safety regulators are now in place in Norway, the United Kingdom, and Australia, and the same concept is...being developed in the United States for the Gulf of Mexico.

We will remember the Gulf of Mexico and the Deepwater Horizon. The rig caught on fire and almost a dozen workers were killed. There were billions of dollars in damages and cleanup costs.

Is the health and safety of Newfoundlanders and Labradorians and Canadians not as important as the health and safety of Norwegians, Australians, Americans and the people of the United Kingdom? Of course, it is.

In his inquiry report, Justice Wells wrote that the oversight rules he was recommending would not conflict with the roles of other regulators, but would, when necessary, enhance other regulatory measures. In the Canada-Newfoundland and Labrador offshore, Justice Wells said that “it is time for a new”, and I underline “new”, “and more comprehensive approach to offshore safety regulation”. What Bill C-5 fails to do is to create that independent safety regulator.

Earlier this month, Transport Canada released proposed safety regulations for offshore helicopter operations. They were announced about a week and a half ago. The new regulations would prohibit the operation of offshore flights when weather or water conditions would make ditching in the water unsafe. Under the new rules, crew members would also be required to wear water immersion survival suits and operators would have to carry an emergency underwater breathing apparatus for each passenger aboard the flight.

As part of that news, the federal Minister of Transport issued a news release, in which she stated:

Our government is committed to strengthening aviation safety for all Canadians. We have worked closely with the aviation community to develop these new regulations, which will improve the safety of offshore helicopter operations for both passengers and crew.

After that news release was issued and the story broke, I had telephone calls from offshore workers and their families. They were upset. Why were they upset? They were irate because these proposed new regulations are not new regulations. Lana Payne, the Atlantic director for Unifor, which represents workers on the Terra Nova FPSO and the Hibernia oil platform, pointed out that those recommendations were already implemented in Newfoundland and Labrador. The C-NLOPB was responsible for implementing those measures in the aftermath of the Cougar crash. Lana Payne stated:

Nothing in this statement from the minister is going to change one iota in terms of improving safety in the offshore, because most of it has been implemented.

The offshore workers who contacted me were furious. “Why is this a news story?”, they asked. “What is the news in this story? What makes this news? There is nothing new here”. They were absolutely right.

What is also missing from the current regulations, another shortcoming, is the requirement for helicopters to have a 30-minute run-dry capability. In other words, helicopters should have the capability to stay in the air for 30 minutes after their gearboxes run dry of oil. Please God that never happens, but we know it has happened in the past.

That recommendation was made ages ago; it was two or three years ago. What has become of that recommendation? Nothing has become of that recommendation.

We support the bill at second reading. It is a win for offshore workers. It is a long-fought win for the New Democratic parties in both Newfoundland and Labrador and Nova Scotia, and the bill looks good on the industry.

However, if the Conservatives think that offshore workers, their unions, their families, or even the provincial governments are satisfied, they are horribly mistaken. This is but one step in the right direction. Another huge step would take place once there is word that the federal government will finally act on an independent safety regulator.

What keeps me positive is the fact that our offshore workers, their unions, and their families do not miss a trick with the current Conservative government. New Democrats will not stop. We will not relent until the safety of our workers is paramount above all else. They deserve no less.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:45 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I thank the member for St. John's South—Mount Pearl for his very eloquent speech in the House. He has been one of the foremost advocates on offshore rights for workers, to make sure that those who work in the offshore industry are subject to real safety precautions. I thank him for his work in the House of Commons in this regard. He has made a real difference.

The member identified that the Conservatives, in their reckless, irresponsible, foolhardy way, are refusing to put in place an independent safety regulator. It makes no sense when countries like Norway, Australia, and the United Kingdom, all with good sense and responsible choices, have put in place an independent safety regulator.

Why are the Conservatives being so irresponsible, foolhardy, and reckless with the safety of offshore oil workers?

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:45 p.m.
See context

NDP

Ryan Cleary NDP St. John's South—Mount Pearl, NL

Mr. Speaker, that is a very good question, but I do not have an answer.

The provincial Progressive Conservative government led by Kathy Dunderdale in Newfoundland and Labrador is on side and on record as supporting the creation of an independent safety regulator. As I said in my speech, it was the most important recommendation of the Wells inquiry report into the 2009 crash of Cougar flight 491. The provincial government of Newfoundland and Labrador is behind this, but the federal Conservative government is not.

We do not have an answer. The current government has been asked that question many times, but we are awaiting an answer. It may be that one of the many Conservative MPs in the House sitting across from me today will get up and answer that question.

Why have they failed to act?

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:45 p.m.
See context

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I thank my colleague for St. John's South—Mount Pearl for his excellent and passionate speech today.

I want to build on what has been said about the lack of an independent regulatory body.

The member pointed out that Justice Wells made that the centrepiece of his report. It was the most important recommendation that there be such an independent body. He pointed out that Norway has created one called the National Offshore Petroleum Safety Authority; Australia and the British have done the same thing.

Is it because the Conservatives cannot find a patronage appointment to fill that particular job? The member pointed out that the Progressive Conservative government of Newfoundland and Labrador is on side. Why is the federal Conservative government not? Can it not find one to put there?

As a person who is knowledgeable about that province, what does the member think would be the reason for this gap?

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:45 p.m.
See context

NDP

Ryan Cleary NDP St. John's South—Mount Pearl, NL

Mr. Speaker, I understand his question in terms of being tongue-in-cheek, if it were not so serious.

When Peter Penashue was in this House as the Conservative member for Labrador, one of the first appointments of the government was to appoint his former campaign manager to the board of the C-NLOPB. That campaign manager had no idea whatsoever about the offshore oil industry. That appointment did not stand, in the same way that Mr. Penashue's time in this House of Commons did not last either. Too often we have had examples where patronage appointments have been put on regulators like the C-NLOPB, and it does not do the industry or the people justice.

The bottom line with the C-NLOPB is that we have a regulatory body that looks after industry regulation, safety, and the environment. That is too much for one regulatory body to look after.

We have been preaching. We have been pushing Justice Wells' recommendation for the independent safety regulator, and nothing has happened.

Again, let me put this question to the Conservative government, to all the Conservatives on the opposite side of this House today. Why do they not follow through on the Wells inquiry recommendation for an independent safety regulator?

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:50 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, there seems to be a parallelism between the failure to have an independent safety regulator and the decision by the current administration to remove the independent environmental assessment from the same area of public policy, the offshore petroleum boards.

The offshore petroleum boards used to be covered by the Canadian Environmental Assessment Act and there used to be expertise within that body to conduct environmental reviews. That has now been ended, through previous omnibus budget bills. Now we have a reduced, diminished, and weakened EA process that is entirely up to the Newfoundland and Nova Scotia offshore petroleum boards.

By bringing in this much-delayed legislation for offshore worker protection, we have the same thing: the offshore petroleum boards are their own safety regulators.

I wonder if my hon. friend thinks there is something to this analysis, that there is a thematic effort to reduce regulatory efforts in protecting both workers and the environment in our offshore?

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:50 p.m.
See context

NDP

Ryan Cleary NDP St. John's South—Mount Pearl, NL

Mr. Speaker, I think there is an effort by the current Conservative government to get out of the business of regulatory regime, period. If it were up to the government, industry would regulate itself in every way that could be imagined.

We are here to ensure that does not happen.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:50 p.m.
See context

NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, I listened to my honourable colleague.

I would like the member to tell us what he thinks about the search and rescue centre at Quebec being shut down by the current government, knowing that it is the only bilingual centre in North America, not just in Canada but in North America.

I think it tells us a lot about the silence of the Conservatives over there and about the fact that all these centres that take care of the security of people were shut down.

I would like to hear a bit more about that because I know the St. John's centre was also shut down.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:50 p.m.
See context

NDP

Ryan Cleary NDP St. John's South—Mount Pearl, NL

Mr. Speaker, the bottom line is that rescue sub-centres in Quebec and my riding of St. John's South—Mount Pearl have both been closed.

There is an argument to be made for keeping both open. In Quebec, obviously, there is a unique language, the language of Quebeckers. In Newfoundland and Labrador, there is the language of Newfoundlanders and Labradorians, which is also our own unique dialect. There is an argument to be made for the fact that with our unique dialect in Newfoundland and Labrador, if the sub-centre is moved to Halifax, these mainlanders, even though they are Maritimers, may not understand the unique language of Newfoundlanders and Labradorians.

On this side of the House we have fought to keep both rescue sub-centres open. However, talking to the Conservatives is obviously like speaking to a wall, especially today with none of the Conservatives getting up to speak about such an important issue.

Another thing I want to mention is the emergency response times for our military's Cormorant helicopters. I am not sure if the people watching this debate today understand, but we have two sets of response times for emergencies in our offshore. Monday to Friday during working hours, nine to five, the wheels-up response time for our Cormorant helicopters is 30 minutes. It takes 30 minutes for them to get off the ground, but outside of nine to five, during evenings, weekends and on holidays, the wheels-up response time for our search and rescue helicopters is up to two hours.

In every respect, when it comes to the health and safety of our offshore workers, the Conservative government misses the boat. It does not have a clue.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:50 p.m.
See context

Conservative

The Acting Speaker Conservative Bruce Stanton

Resuming debate.

Is the House ready for the question?

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:55 p.m.
See context

Some hon. members

Question.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:55 p.m.
See context

Conservative

The Acting Speaker Conservative Bruce Stanton

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:55 p.m.
See context

Some hon. members

Agreed.

No.

Offshore Health and Safety ActGovernment Orders

November 25th, 2013 / 1:55 p.m.
See context

Conservative

The Acting Speaker Conservative Bruce Stanton

All those in favour of the motion, will please say yea.