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.

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

March 27th, 2014 / 10:55 a.m.


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The Speaker Andrew Scheer

There being no motions at report stage on this bill, the House will now proceed, without debate, to the putting of the question of the motion to concur in the bill at report stage.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 10:55 a.m.


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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

moved that the bill be concurred in.

(Motion agreed to)

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 10:55 a.m.


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The Speaker Andrew Scheer

I declare the motion carried. When shall the bill be read a third time? By leave, now?

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 10:55 a.m.


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Some hon. members

Agreed.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 10:55 a.m.


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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

moved that the bill be read the third time and passed.

Mr. Speaker, I am very proud to add my voice to support this worthy legislation.

If there is one thing our government has been crystal clear about when it comes to energy development, it is that public health and safety and environmental protection are paramount. This is the very essence of reasonable resource development.

There is no question we are determined to create high-quality jobs, economic growth, and long-term prosperity for all Canadians, and the energy sector has certainly delivered that to Atlantic Canadians in recent years.

Since the oil and gas industry began operating offshore in Newfoundland and Labrador in the late 1960s, the region's economy has been transformed. In 2010, the industry generated wages, salaries, and benefits worth $291 million in the province of Newfoundland alone. Not only does the sector clearly make a major contribution to the livelihoods of workers, but it also improves the standard of living of all residents in the region, and there is also no debate that we recognize that it would be irresponsible to promote development without the assurance that the health and safety of our citizens and the protection of our environment will be fully addressed. That is precisely what Bill C-5 is designated to do. It would better safeguard Atlantic offshore oil and gas workers.

The Canadian Association of Petroleum Producers reports that over 5,000 individuals are currently employed in the oil and gas industry in Newfoundland and Labrador. Almost 1,000 more work in Nova Scotia's petroleum sector, and the potential is great for even more jobs and economic growth in the near future. Recent offshore oil and gas discoveries are bringing a new wave of activity into the Atlantic provinces.

There is all the more reason, then, for Bill C-5. Workers in the industry need to be protected, given the dangerous conditions associated frequently with their jobs.

Under the Canada Labour Code, workers are protected from hazards in the workplace. This protection includes the fundamental right to refuse dangerous work. As was underscored by the tragic March 2009 crash of Cougar flight 491 ferrying oil workers to offshore rigs and by the catastrophic sinking of the Ocean Ranger oil rig in 1982, worker safety must be job number one.

I can assure the House that our government is committed to ensuring the health and safety of Canadian workers and the protection of the environment. That is why we are introducing this new regime for Atlantic offshore workplaces.

Before outlining these improvements in detail, let me first explain where the federal government fits in this picture.

The Government of Canada shares responsibility for the management of the offshore with the Governments of Nova Scotia and Newfoundland and Labrador. These responsibilities are laid out in bilateral accords with each province, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada-Newfoundland Atlantic Accord Implementation Act.

Canada's Atlantic offshore oil and gas industry is regulated by the Canada-Nova Scotia Offshore Petroleum Board, as well as the Canada-Newfoundland and Labrador Offshore Petroleum Board. These boards ensure that operators and drilling contractors comply with the requirements of their respective implementation acts and exercise due diligence to prevent spills in Canada's offshore.

The Atlantic accords have been in place since the 1980s and are no longer sufficient to reflect contemporary requirements. They require modernization. The labour program, along with representatives from Natural Resources Canada, provincial energy and labour departments, and the provinces' offshore petroleum boards have identified and agreed to key areas for improvement.

First, the legislation places authority for occupational health and safety within the accord acts. If adopted, this legislation would establish an occupational health and safety framework within the Atlantic accord acts.

The new regime would apply to worker safety on-site at offshore rigs, as well as to workers in transit to or from offshore platforms.

The new regime would apply both to worker safety on site at an offshore rig as well as to workers in transit to or from an offshore platform. It would be jointly overseen by the Minister of Natural Resources and provincial occupational health and safety ministers for Nova Scotia and Newfoundland and Labrador.

It would be enforced by their individual offshore petroleum boards.

The boards would be responsible for verifying that companies have adequate plans in place to protect their employees and to avoid dangers. This includes everything from ensuring the safe handling of hazardous materials to proper procedures related to the operation of equipment and managing facilities. Using audits and inspections, we would confirm that all applicable health and safety requirements were met and demand correction if deficiencies were found. As well, the boards would be granted increased authority, such as enforcement powers for occupational health and safety officers.

These include the powers of inspection and investigation, warrant provisions and creative sentencing measures in case of dangerous situations.

Under Bill C-5, the Minister of Labour would provide ongoing federal labour expertise, such as the development of regulations, the issuance of directives to the boards, and recommendations on the appointments of special officers.

Special officers would be appointed to avoid a serious, imminent risk to the health and safety of offshore workers.

Such a scenario would proceed following joint approval and appointment by the pertinent provincial ministers and the Minister of Natural Resources, following a recommendation by the Minister of Labour.

Along with the Minister of Natural Resources, the Minister of Labour would also co-appoint six members of a 13-member advisory council to be made up of employers, employees, and the two levels of government. The council would provide a forum for the exchange of ideas about occupational health and safety issues to ensure the effectiveness of this legislation.

Bill C-5 also introduces consequential amendments to part II of the Canada Labour Code. In the event of an accident, the bill would extend the time limit to launch a prosecution from one year to two years, consistent with the occupational health and safety legislation in many provinces. The Minister of Labour would also have the right to disclose information to the public regarding occupational health and safety.

The amendments would also give the Minister of Labour the authority to share information with federal and provincial government departments as well as with international organizations if the minister deems it to be in the interests of occupational health and safety or in the public interest overall. This would make it easier to share information during a coroner's inquest or a provincial prosecution. I want to be clear, however, that personal information would continue to be protected.

I should point out several minor amendments to the legislation since it has been debated at second reading.

Most amendments are technical in nature, such as putting the word “Canada” in the title of the regulations and renumbering the subtexts of the act that were incorrectly numbered.

Some were needed to harmonize federal and provincial legislation. For instance, we had to replace the provincial “Occupational Health and Safety Act” in Nova Scotia with the correct new name of its Labour Board Act, as this province has amended its legislation recently. Federal and provincial legislation obviously must mirror each other.

Several amendments were required as a result of Bill C-4, the second budget implementation act, and changes to part II of the Canada Labour Code.

The changes proposed under the Canada Labour Code would make coordinating amendments. “Minister of Labour” would now replace the terms “health and safety officer” or “regional health and safety officer” to reflect the minister's authority to delegate powers, duties, and functions previously conferred to health and safety officers. Let me be clear that through the delegation process, decisions will continue to be made by health and safety officers with the necessary expertise.

Coordination is required around the protections within the code regarding the minister giving testimony in civil proceedings, and these amendments now refer to “civil and administrative proceedings”, which include arbitration hearings.

The improvements I have outlined respond to input received in extensive consultations in 2010 and 2011. The provinces and industry and employee groups have all expressed strong support for the changes we have proposed. They have done so because they recognize that these changes would ensure that Canada's offshore industries will operate safely and to the highest environmental standards.

Bill C-5 would create a modern occupational health and safety regime that is relevant and responsive to today's offshore oil and gas reality, and, most importantly, it would provide robust protection for Canada's oil and gas workers, ensuring their safety and health in the workplace.

Thousands of Atlantic Canadian workers are looking to us to ensure their well-being and continued prosperity. Therefore, I urge all parties to support the bill and make these amendments the law of the land.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:05 a.m.


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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, we are supporting the legislation, but there is one serious problem with it that I wish to raise.

The minister mentioned the Cougar helicopter crash. Of course, following that, there was an inquiry by former Justice Wells as the lead commissioner. He made what he called his most important recommendation, number 29, that there ought to be an independent offshore safety regulator. The minister mentioned that the accords were bilateral agreements. The Newfoundland government firmly and strongly supported that recommendation, yet the government failed to agree. Not only did it fail to agree to that, it also failed to agree to an NDP amendment proposed at committee to have a 5-year review of that provision to see how the act is operating and reconsider that request. Why did the government refuse to do that?

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:10 a.m.


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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, as has been mentioned before, our government will continue to work with the Province of Newfoundland and Labrador with respect to the safety of these offshore areas.

Commissioner Wells was actually very clear at the natural resources committee in December, when he said that he was pleased with our offshore health and safety legislation. He was also very clear that good would come from the government's adoption of his recommendations. I encourage the members opposite to please read through the transcripts and be informed about what specifically was said at committee.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:10 a.m.


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London North Centre Ontario

Conservative

Susan Truppe ConservativeParliamentary Secretary for Status of Women

Mr. Speaker, I know that in my riding of London North Centre, jobs and safety are very important to my constituents. Just recently, I was happy to attend a joint announcement by GDLS and the Minister of International Trade of one of the largest contracts in the history of Canada, one that will result in the employment of over 3,000 people.

In the minister's speech, she mentioned that we need better safeguards, that workers need protection and that their safety is number one. Here, could the minister explain how important the offshore oil and gas industry is to Canada and what would be the most effective change in Bill C-5.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:10 a.m.


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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, I would like to thank the member for London North Centre for really focusing on jobs. This is a huge component of what we are trying to achieve here. Whether it be the almost 5,000 individuals in Newfoundland and Labrador, or the over 1,000 individuals in Nova Scotia, this will have a direct impact on them by ensuring that we are growing the oil and gas economy in Atlantic Canada and reaching out not only directly to those employees, but also via the spinoff benefits to the individuals who are beneficiaries of this.

Specifically with respect to these accords, the health and safety of all Canadian workers is paramount. If individuals cannot attend work knowing they are in a safe environment, where they can work safely throughout the entire day, and from where they can return to their families in the evenings, quite frankly with their lives and all of their fingers and toes intact, it makes it very challenging for them to be productive at work. The direction of these accords is first to make sure that those workers on oil and gas rigs in Atlantic Canada know they are safe and that they can have a productive day and, second, that the industry overall is safe so that we can continue to grow it and create more jobs in Atlantic Canada.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:10 a.m.


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Liberal

Scott Andrews Liberal Avalon, NL

Mr. Speaker, in the minister's speech she referred to the Ocean Ranger disaster. Following that particular disaster, Chief Justice Hickman headed a royal commission on the Ocean Ranger. There are still some outstanding recommendations from Chief Justice Hickman's report of almost 20 years ago.

When putting the bill together, did the government look at any of the recommendations of Chief Justice Alex Hickman's royal commission on the Ocean Ranger disaster?

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:10 a.m.


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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, with respect to the specific report, I would have to ask my officials, since I do not have a note on that. However, extensive consultations have taken place since 2003, which were updated in 2010 and 2011. Employers, employees, and governments have all been consulted and are very supportive of what is going forward. We will continue to update the regulations associated with this to make sure that we are meeting the standards of the day.

I appreciate the member's comments and I would be quite happy to get back to him with a specific answer.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:10 a.m.


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NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, I do not understand why the minister would refuse to answer a very simple question. I will try to ask it in the simplest way possible.

Why was recommendation 29 from the Wells report not included in Bill C-5? It is a simple question. Can she answer it?

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:10 a.m.


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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, as I mentioned before, I think I answered this question, which was that Mr. Wells was very clear at the Natural Resources committee in December that he was pleased with the offshore health and safety legislation that currently exists.

Offshore Health and Safety ActGovernment Orders

March 27th, 2014 / 11:15 a.m.


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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I want to thank the minister for carefully outlining the aspect of Bill C-5 dealing primarily with the occupational health and safety issue. She also responded earlier to a question regarding the number of workers who benefit from oil and gas production on offshore rigs.

I think that Canadians probably often think of the oil sands as the place from where all the oil is coming. I wonder if the minister would tell us what percentage of oil from offshore oil and gas development Canadians rely on.

I think it is important to realize not only the impact of oil on jobs and opportunities for Canadians, but also the energy needs of Canadians. It is important, first of all, that we have good, safe regulations to protect our workers. It is also important that we have access to good quality oil products.