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

[Françoise Boivin, NDP, Gatineau, QC]

It is a good answer, Mr. Speaker. I will say it again, as the hon. member may not have paid attention to my previous speech. Today is day one of the debate at report stage and third reading.

I really empathize with my colleague from Rosemont—La Petite-Patrie, as we sometimes see major changes included in totally unrelated bills. For example, Bill C-4 made fundamental changes to labour legislation and justice. I would like the member to comment on this.

Bill C-4 also included two sections amending the Supreme Court Act, presumably to clarify the intent of the law. We all know the fate they met. I would like to hear my colleague's thoughts on this.

Could he also comment on the change that would require the Transport minister to recommend occupational health and safety regulations? This is a 270-page bill filled with details and references to regulations, and we are well aware of the government's tendency to hide things. Could my colleague also share his thoughts on this?

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, my colleague from Gatineau raises an excellent point.

Just because the government dragged its feet and introduced a bill way too late in the game does not mean we should not debate it with care and diligence. We must do things properly. The bill is almost 300 pages long. It is quite complex. We need to take the time to weed out its flaws and improve the bill. That is our job as parliamentarians.

I do understand, however, why our Conservative colleagues would not want to debate it; they are loath to debate anything. The Conservatives have now imposed 58 gag orders since 2011, and perhaps they are fantasizing about issuing one more. Who knows how many more gag orders we will have before the next elections.

[Françoise Boivin, NDP, Gatineau, QC]

I believe we have cleared 60.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

It seems we are past 60, Mr. Speaker. Maybe we will reach 100. We, in the NDP, believe that it is useful to discuss, to analyze and to amend bills in order to improve them.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I would like to thank my colleague from Rosemont—La Petite-Patrie for his impassioned speech.

In his view, why is it that both the previous Liberal government and the current Conservative government have failed to focus on the right priorities, including workers, health and safety?

Both have focused on big business profits and on a wide variety of other things, including the deregulation that sadly led to the Lac-Mégantic tragedy.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I want to thank my colleague from Brome—Missisquoi for his question. Indeed, the previous and current governments are like two peas in a pod. For many years now, the Conservatives have been serving the interests of the same groups, who do not happen to be families and workers. However, the NDP is here to stand up for them.

The Conservatives would rather subsidize oil companies and give tax cuts to the banks, although banks made around 34 billion dollars in profits last year. Since the population of Canada is 34 million people, this means that every single one of them—every person, every citizen, every senior citizen, every baby—gives $1,000 a year to the Royal Bank of Canada, CIBC and Scotiabank. This is unacceptable.

An NDP government would definitely have other priorities. An NDP government would work for the people.

The House resumed consideration of Bill C-5, 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, as reported (with amendments) from the committee.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I am quite pleased to rise today even though I only have three minutes. I will try to be as concise as possible and speak clearly during the time I have today.

This bill is of interest to me and must surely interest all my colleagues, even though we have not heard many members from other parties speak to this issue today.

In all my discussions, the issue of protecting workers comes up often. This is an important issue for me and, I am sure, for the people of Sherbrooke as well. The protection of workers will always be a priority.

My colleague from Rivière-du-Nord talked about the reality of offshore workers. There are many difficult aspects to this work, because the conditions are unbelievably tough. They are not the kind of conditions we have on dry land. Conditions are extremely dangerous in offshore areas, which are located hundreds of kilometres from shore.

Simply getting to an oil platform is a difficult, perilous undertaking. Then, once you are on the platform, it is even more dangerous, not only because of the activities that go on there, but also because of weather conditions.

A bill like the one we are discussing here today is therefore crucial. Overall, it is rather positive, despite a few shortcomings. My colleagues have already talked about them.

This bill is extremely important. I must say, it is the result of excellent work that was done by various provinces. They managed to find some common ground in order to come up with this bill, although it was a long time coming. Indeed, the work began in 2001, and it was not until 2014 that it finally came to fruition. The process was extremely long. I understand that discussions with the provinces are not always easy and that reaching an agreement can be tough, especially when several provinces are involved. It took 13 years to finalize such a bill. That is a little much. I am happy to see that it is such a priority for the government—a priority in the sense that we are debating it here today.

[The Acting Speaker, Bruce Stanton]

When the House resumes debate on this motion, the hon. member for Sherbrooke will have 17 minutes for questions and comments.

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from March 27 consideration of the motion that Bill C-5, 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, be read the third time and passed.

[Mathieu Ravignat, NDP, Pontiac, QC]

Mr. Speaker, I will share my time with my hon. colleague from Churchill.

As always, I am pleased to rise in the House today to talk about Bill C-5, which was introduced as Bill C-61 during the first session of the 41st Parliament, as members probably all know.

I would like to begin by saying that the NDP will support, at report stage, this bill to amend the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to enhance the safety and transparency of offshore petroleum activities.

These amendments would, primarily, create a new offshore workplace health and safety regime, which is a good thing. Bill C-5 addresses long-standing gaps in the legislation, as well as regulation-making authorities associated with workplace health and safety standards and how they apply to offshore petroleum extraction operations in the law. This is an important measure that the NDP has been seeking for some time.

Despite the federal government's refusal to implement recommendation no. 29 of the Wells Inquiry, Bill C-5 is a positive and necessary improvement to the current offshore health and safety regime because it places safety practices into legislation.

Bill C-5 is the culmination of over 12 years of negotiations, which started in 2001. In fact, I wonder what took the government so long to put these worker protection measures into law.

The bill also establishes a framework that clarifies the individual and shared roles of the federal government, the provincial governments, regulators, operators, employers, suppliers and employees. That is a lot of people, and I understand that the whole issue of the safety of our workers is rather complex and important, crucial even.

The bill is based on three basic principles.

First, offshore occupational health and safety laws must provide offshore workers with protection at least as good as that of onshore workers. That seems pretty basic to me. A worker must be protected regardless of where he or she works, whether offshore or onshore. No matter what environment a person works in, the conditions should be standardized and safe. No one wants to lose a colleague, a parent, a sister, an uncle or an aunt in a workplace accident. It is always tragic. During question period today, my colleague mentioned that we have already lost six miners in northern Ontario. That is six too many. It is the responsibility of all governments, federal and provincial alike, to ensure that our workers are safe.

Second, it is important to protect workers' rights: the right to know, the right to participate, the right to refuse unsafe work and the right to be protected from reprisals if they should blow the whistle on unsafe working conditions.

Third, it is necessary to support an occupational health and safety culture that emphasizes shared responsibility in the workplace.

New Democrats in the provinces in question had long been calling for these changes to be enshrined in law, but the Conservative government seemed reluctant to follow through. Nevertheless, we are pleased that this bill was introduced in the House.

However, it is disappointing that the federal government prevented us from making workers even safer by creating a stand-alone safety regulator.

I would like to quote the Honourable Robert Wells, who in a 2010 inquiry report on offshore helicopter safety said:

After a full study of the Transportation Safety Board’s Report, I have concluded that not only should such an independent safety regulator be created, it should also be given a clear and unambiguous safety mandate. This need is more urgent in the light of the TSB Report.

Justice Wells recommended that, even in the event that the recommendation was not considered feasible, a separate and autonomous safety division be created within the Canada-Newfoundland and Labrador Offshore Petroleum Board.

Unfortunately, the government has no interest in creating a stand-alone safety regulator. I am not the only one saying so. When he was the natural resources minister in Newfoundland and Labrador, Tom Marshall said the same thing.

The NDP is determined to work in partnership with the provinces to achieve better results, something that seems very difficult for my Conservative colleagues to do.

Bill C-5 also authorizes the Minister of Natural Resources and the provincial employment ministers, in consultation with the Minister of Employment and Social Development and the Minister of Transport, to develop offshore health and safety regulations. In addition, the Minister of Transport would be required to develop health and safety regulations for offshore workers in transit, because the bill also applies to workers who are moving between offshore marine facilities or structures, and that is a good thing.

This bill is definitely a step in the right direction. It may not be a big enough step, but it is a step nonetheless. It would have been a bigger step had the Conservatives not refused to consider, for example, the entirely reasonable NDP amendment that would have included a mandatory review of the law in five years. This type of provision is found in a number of laws. It is quite acceptable to review a law every five years, because things change. In order to adapt to new conditions, the laws in force must be reviewed so that they can be strengthened and so that they are an appropriate response to needs. They have to be evaluated and amended, if necessary. We thought it was a very reasonable amendment.

The principle of this amendment was supported by a number of key witnesses and corresponds to the position taken by Justice Wells on this issue. We believe that our amendment is necessary, I will repeat, for due diligence and good governance, especially given the complex nature of the bill and the fact that it pertains to several levels of government.

Nevertheless, we will support the bill, which is a positive and necessary improvement to the current regime. Furthermore, it will protect offshore workers at least as well as onshore workers. That is a good thing, and that is why I am pleased to rise in the House to give this speech in support of the bill.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, obviously we are talking about a piece of legislation that pertains entirely to a specific part of the country. I am wondering if the member could speak to how the negotiations that took place and the benefits that will come from Bill C-5 may also be positive for the rest of the country and all Canadians.

[Mathieu Ravignat, NDP, Pontiac, QC]

Mr. Speaker, it is clear that both provincial governments and the federal government have been involved. It takes a lot for the Conservative government to consult. It takes a lot for Conservatives to admit that they need to consult. In this case, fortunately, though it took some time, it was done, and it seems to have been done across sectors, with organizations.

The fundamental principle is important, and that is that no matter where a Canadian works, whether it be on the earth, in the air, on the sea, they should be given the same protections. There should be the same security standards offered to them so that we lose fewer workers in this country every year. We already lose too many.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am pleased to rise in the House to speak to Bill C-5, 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.

I am pleased to speak alongside my colleagues in the NDP in the House on this important bill, a bill that New Democrats support. We want to particularly recognize the hard work that was done by provinces in conjunction with the federal government to establish this bill. We want to note that despite the federal government's refusal to implement recommendation no. 29 of the Wells Inquiry, Bill C-5 makes a positive and necessary improvement to the current offshore health and safety regime by placing safety practices into legislation.

We as New Democrats are proud to support Bill C-5, as we have been calling for this strengthened regime for several years. We will continue to work with Nova Scotia and Newfoundland and Labrador to further strengthen worker health and safety by working toward the creation of an independent, stand-alone safety regulator.

As well, we in the NDP support the collaborative efforts between the provincial and federal governments that produced Bill C-5. We believe that collaboration with provincial and territorial governments to produce such measures moves our country forward. This is definitely something that, sadly, the Conservative government does not do enough of.

We know that the federal government, Nova Scotia, and Newfoundland and Labrador will be passing mirror legislation through their respective houses. The provincial governments of Nova Scotia and Newfoundland and Labrador have made a strong commitment to ensure the consistency of offshore regulation between the two jurisdictions.

Bill C-5 addresses long-standing gaps in legislation and regulation-making powers associated with occupational health and safety standards and their enforcement in Atlantic offshore oil development. The bill would amend the Atlantic accord to place the health and occupation safety regimes in legislation, which is extremely important. It is an important step forward that the NDP has called for in all relevant jurisdictions.

As I noted, however, the bill is not compliant with recommendation 29 of the Canada-Newfoundland and Labrador Offshore Helicopter Safety Inquiry carried out by the Honourable Robert Wells. Bill C-5 does not provide for either an independent stand-alone safety regulator or an autonomous safety division within the petroleum boards. NDP efforts to provide for a review of the bill in five years, which could reopen the possibility of an independent offshore regulator, were unfortunately voted down by the Conservative government at the committee stage.

From our side, an NDP federal government would work with the provinces to put forward such measures in order to further strengthen the health and safety regime for Atlantic offshore workers. Nevertheless, we support this bill, as it is clear that it is well past due and is an important victory for the labour movement, for the former NDP government in Nova Scotia, and certainly for the NDP in Newfoundland and Labrador. They have been advocating for a legislated offshore safety regime for many years.

As I noted during my questions, it is clear that Bill C-5 is very much focused on the reality in the Atlantic, particularly in Newfoundland and Labrador as well as Nova Scotia, where offshore developments are an integral part of the economy.

However, as we know, in resource extractive industries it is workers who do the heavy lifting and put their lives and safety at risk day in, day out to produce the wealth of our country. As someone who represents northern Manitoba, a part of the country that depends in large part on resource extraction and on mining in particular, I am fully aware of the immense risks that people who go underground or work in smelters and refineries live with every day in the work they do. They do that work to provide for their families, contribute to their communities, and give Canadians the wealth and revenue that are so important in going forward.

It is particularly timely that we are talking about this, as it has been just 10 days since the National Day of Mourning, a very important day for all Canadians. It is a day when we take the time to mourn those who have died on the job, those who have been in workplace accidents, those who have been hurt and incapacitated in so many ways.

It is also a day when we take the time to strengthen our resolve to fight for the living, to make sure that we are talking about and acting on how we can make workplaces safer, how we can support health and safety regimes, and how we can ensure that unions have the support and the backing they need when pushing employers to step it up when it comes to health and safety.

It is very clear that we have a lot of work to do on this front. In fact, today my colleague, the member for Nickel Belt, made a very moving statement honouring the memory of two miners who were killed on the job in Sudbury. It reminded us that yes, in Canada and in 2014, people die because of health and safety failures in their workplaces.

Despite the calls for action and despite the work on the ground to prevent these kinds of senseless deaths, there is a lot of work to be done. Sadly, corporations have been negligent in too many cases in our country when it comes to looking out for health and safety.

The NDP's argument has always been to stand in solidarity with workers, no matter what sector they work in or what part of the country they live in. We stand by them and fight beside them for regulations and laws that would hold employers accountable and would ensure that health and safety is not negotiable or a matter of choice, but is mandated and regulated.

We are very supportive of Bill C-5 because it would mandate health and safety for offshore workers in a way that would prevent loss of life and further tragedies like the one in the Atlantic some years ago.

It is clear that there is more to be done. We can build on the successes of Bill C-5 by continuing to fight for an independent offshore regulator.

It is also important to review this legislation and see how it is implemented and how it will serve the best interests of workers.

We are disappointed by the unwillingness of the government in committee to provide for these amendments to the bill. However, we do want to acknowledge the many people in Newfoundland and Labrador and in Nova Scotia who worked very hard to make sure that tragedies like the ones that they and their families lived through are prevented.

We all have something to learn and to strive for in ensuring that workplaces across the country are safe and that no one loses their life doing something as important as going to work.

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

Mr. Speaker, I listened carefully to the speech by my colleague from Churchill. I found her arguments to be well reasoned. On a side note, I would also like to commend her for the excellent work that she does in her riding.

We have learned from the Newfoundland New Democratic Party that it is calling for the C-NLOPD, the Canada-Newfoundland and Labrador Offshore Petroleum Board, to be parallel to some extent with the Canada-Nova Scotia Offshore Petroleum Board, but there might be a certain conflict of interest in that not only do the boards regulate the exploitation of offshore petroleum but they also have important jurisdiction in ensuring the safety of workers and in protecting the environment as well. The Newfoundland NDP is calling for those powers to be separated so that there would be two institutions instead of just one.

I am wondering if my colleague would have any comments along that front.