An Act to amend the Offshore Health and Safety Act

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Offshore Health and Safety Act to postpone the repeal of its transitional regulations.

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.

The House proceeded to the consideration of Bill S-3, An Act to amend the Offshore Health and Safety Act, as reported (without amendment) from the committee.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:25 p.m.


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The Speaker Anthony Rota

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

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:25 p.m.


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St. John's South—Mount Pearl Newfoundland & Labrador

Liberal

Seamus O'Regan LiberalMinister of Natural Resources

moved that the bill be concurred in.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:25 p.m.


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The Speaker Anthony Rota

The question is on the motion. If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:30 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I would request that this carry on division.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:30 p.m.


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The Speaker Anthony Rota

Is that agreed?

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:30 p.m.


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Some hon. members

Agreed.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:30 p.m.


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The Speaker Anthony Rota

I therefore declare the motion carried on division.

(Motion agreed to)

When shall the bill be read a third time? By leave, now.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:30 p.m.


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Some hon. members

Agreed.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:30 p.m.


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Liberal

Seamus O'Regan Liberal St. John's South—Mount Pearl, NL

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

Mr. Speaker, I rise today from my home on the island of Newfoundland, which is the ancestral homeland of the Mi'kmaq and Beothuk peoples.

It is also one of Canada's three proud oil-producing provinces.

Before getting into my remarks on the legislation before us today, let me start with this. We just came out of a vote and question period and when we debate in this place, they are debates of great importance. They are issues that matter to us, who have the privilege to sit in this hallowed chamber, and to Canadians across the country. There is a lot of passion around these issues, particularly around issues of energy, oil and gas, climate change, the economy. We are at a particular moment in time, a defining moment, one where globally we are charting pathways now to net zero.

Over the past couple of weeks, there have been several significant developments. The International Energy Agency issued a report on pathways to net zero, the first analysis that is compliant with limiting a rise in global temperature to 1.5°C. Canada called on the IEA to conduct the report, because the world needs to know what it will take to get to net zero.

In my province of Newfoundland and Labrador, Dame Moya Greene issued a report on our future. It is an unflinching look at a dire situation. There is no sense beating around the bush there. There is a lot of hard work ahead of us and a lot of tough decisions.

Just yesterday, a landmark decision by a court in the Netherlands ordered Royal Dutch Shell to cut emissions by 45% by 2030. Shareholders of another major oil producer, Chevron, backed a proposal to cut emissions generated by the use of the company's products. ExxonMobil shareholders voted just yesterday to install two new independent directors in a rebuke of the company's efforts to address climate change to date. Some have called May 26 “big oil's day of reckoning”.

What all these events demonstrate is that the world is calling for increased climate ambition. The market is demanding it. Investors, we learned yesterday, are demanding it. Governments are taking action and companies are taking action. Suncor has committed now to net zero in a clear sign of Canadian leadership. There is a clear direction in which the world is heading. We know where the puck is heading. It is heading toward net zero, and we will have many important debate and conversations on Canada's pathway to net-zero emissions by 2050, how that will change our energy mix in the future, the economic opportunities that it presents, particularly for oil and gas workers who will lead the effort to lower emissions. They are already doing it.

There will be tough conversations, difficult and passionate debates, but the debate before us today on this legislation is one that we can all agree is of the utmost importance and cannot be derailed by the broader conversations about our energy future. This is about the people at the heart of the country, about our workers and protecting them. That fact is what needs to guide our debate here today.

This issue is important to me. It is personal. It is about an industry that has brought so many benefits to my province. It impacts the workers here, my neighbours and friends who work in the offshore.

I remember vividly the industry's nascent days. I was a young fellow working for Brian Tobin, when he was premier some 20-odd years ago, when the first platform, Hybernia, was under construction. Hopes were sky-high after so much despair over the cod fishery collapse. It was a bleak time. Families were split because so many young people had to go west to make a living.

Today, it is a proud and mature industry. It is one that has accounted over the years for 30% of our economy and one out of every 10 jobs, 10% employment over the years. It has provided the provincial government here with more than $20 billion in royalties between 1997 and 2019, funding key public services, from health and education to highways and hockey rinks.

The offshore industry in the Atlantic has also created jobs and wealth for Nova Scotians prior to and during the recent decomissioning of its two gas projects: $8.5 billion in capital spending over 20 years, producing $1.9 billion in royalty payments between 2000 and 2017. It was a long road to get to that point, to realize the economic benefits of this industry, and there were many doubters along the way.

For starters, low world oil prices made the whole notion seem like a fantasy prior to the energy crises of the 1970s, but we also had to deal with monumental challenges posed by safely extracting oil in a treacherous and unforgiving North Atlantic. We owe it to these workers to protect them and to do so with the best occupational health and safety regime in the world. We must protect these workers.

How best do we do that? By adopting a world-class safety regime. I believe that and I support that. Bill S-3 will help.

Let us be frank about what we are debating today. This is a three-clause bill. It extends health and safety regulations for workers in the offshore, for workers who work in a high-risk environment.

I know my colleague across the way, the member for St. John's East, understands, very well, the risks that these workers face. In fact, I remember the CEO of ExxonMobil Canada telling me that the Newfoundland offshore is the harshest environment in which his company operates in the world.

Bill S-3 would give Canada, Newfoundland and Labrador and Nova Scotia an additional year, to December 31, 2021, to finalize the numerous health and safety regulations that stem from the 2014 legislation, regulations to make our workers safer. Should Bill S-3 become law, the transitional regulations from 2014 will apply retroactively to January 1, 2021.

As I said, it is a three-clause bill. We all agree that no worker in any workplace should go unprotected. Therefore, I would hope that this bill would pass easily. It should pass quickly and today. It should be the last day that it is debated in this House.

In fact, my office has reached out to my opposition critics and colleagues across the way so that we could do just that every step of the way. To the member for Calgary Centre, the member for South Okanagan—West Kootenay, the member for Jonquière and the member for St. John's East, I am happy to report that these were constructive conversations and that we had a constructive relationship between us on this. I urged them to work with the government, in the spirit of protecting Canada's workers, to send the bill to the standing committee and urged the standing committee to study it at its earliest opportunity. I appeared before the standing committee alongside departmental officials. Before Bill S-3 was introduced in this House, it went through a similar process in the other place and I appeared in front of our hon. colleagues from the other place, who held committee hearings on this bill, to explain why we are where we are today.

The extent to which this three-clause bill continues to be debated is not because of the substance of the bill. As I mentioned, I think there would be unanimity across all parties in this House to support the passage of the legislation. If they read a Hansard of the second-reading debate on this bill, they would be forgiven for thinking that the debate was circular.

Nearly every speech by every member of every party in this House agreed on the importance of the bill and the importance of passing it quickly. Nearly every speech by every member of every party in this House referenced the 1982 Ocean Ranger tragedy that left 84 dead and the royal commission of inquiry that led to many safety improvements. Nearly every speech by every member of every party in this House referenced the fatal crash of Cougar Flight 491 in 2009 and the ensuing commission of inquiry that Mr. Justice Robert Wells conducted, which led to the sweeping reforms contained in the Offshore Health and Safety Act passed in 2014. These were raised in nearly every speech by every member of every party in this House.

There is no daylight between us in terms of protecting our workers, and there should not be, so why are we still debating this? Why does a three-clause bill merit hours of additional debate, when there is unanimity on the importance of protecting workers here, while Canadians expect their Parliament to get on with the business of building back better and recovering from COVID-19? Simply put, there is a load of politics afoot, let me say that. There is a concerted desire to delay debate on anything and everything, regardless of the issue; and, in this case, ironically, to further delay the very thing that the opposition members are lambasting this government for delaying.

Many speeches referenced that it has taken far too long to put in place permanent regulations, that a further delay of 24 months would be far too long, and we listened and we agreed. We accepted the amendments from the other place to drop it to 12 months. We heard that the delay in having a permanent occupational health and safety regime for protecting offshore workers is unconscionable. To the members across the way today, I say, “look, fair game, I agree”; I say “yes, it has taken far too long”. It is frustrating. I am frustrated. I said it during the committee hearings in the other place, I said it before the standing committee, and I will repeat it today: This has taken far too long.

Now, I could list the reasons why the complex work of drafting regulations in partnership with two provincial governments and two offshore boards, respecting our joint management frameworks and the jurisdiction of provinces, all takes time. I could speak about the 15,000 pages of documents that they have to go through to align with and incorporate by reference the over 173 domestic and international health and safety standards. I could speak to the time that we lost by needing to fix the initial interim regulations because the industry told us it did not work for them, that it burdened them; I could speak about how that fix set us back. I could also speak to how this very pandemic that we are in has set us back; how the sudden, abrupt shutdown of workplaces forced us to adapt to working from home, how adapting took time. Mr. Speaker, just think of how long it took this House to adapt and put in place measures to safely continue with our work. Those are all very legitimate and contributing factors as to why we are where we are today, but those reasons do not make workers safer, they do not support workers and they do not advance this legislation.

We need to pass this bill. We need to get on with the business of finalizing these permanent regulations with the Government of Newfoundland and Labrador, the Government of Nova Scotia, the Canada-Newfoundland and Labrador Offshore Petroleum Board, the Canada-Nova Scotia Offshore Petroleum Board and with industry.

Despite these challenges, our officials and their counterparts in Newfoundland and Labrador, and in Nova Scotia have passed many milestones. We are close. I instructed my officials to get this work done by the new proposed deadline. I am confident we will. I know we will.

However, we need to pass Bill S-3 today, without further delay. If the opposition members really want to protect workers, they now have the opportunity to do so by putting partisan politics aside, doing what needs to be done and passing this bill.

As a son of Newfoundland and Labrador, I am proud of what we have achieved in this industry since it began to take root in the 1960s. The offshore industry has made life better for Newfoundlanders and Labradorians. It has kept families from separating in order to find work on the mainland. It also gave some of them the expertise so that they could find good work on the mainland.

I am also proud of the reality that not since the time of Brian Mulroney and John Crosbie has there been a federal government that has done more for the offshore. It was this government that gave $2.5 billion to Newfoundland and Labrador as a part of the renewed Atlantic Accord in 2019. It was this government that supported workers in the offshore during a pandemic with close to $400 million to maintain jobs and lower emissions. It was this government that reduced the time for exploratory drilling assessments from over 900 days to 90, without losing an ounce of environmental integrity.

I recently announced 16 projects funded through the offshore component of the emissions reduction fund with an eye to the future; projects that use carbon capture, wind and other renewable sources of energy to power the industry's operations; projects that will lower emissions; real projects that are creating real jobs for the workers who are building our low-emissions energy future right now.

As I conclude my remarks, let me plainly state that the only thing that matters during debate on this bill is the people involved, the workers: protecting them, supporting them and believing in them. The workers on those platforms in the North Atlantic, the workers who service them, the workers who are at the heart of this industry that made our province what it is and the workers who are building our prosperous and cleaner future need to be protected. We need to protect them with a safety regime that is world class. They deserve absolutely nothing less.

Bill S-3 will help us get there. Let us do our jobs. Let us pass Bill S-3.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:40 p.m.


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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, I was quite shocked by the minister's remarks. This bill came through the Senate. It was passed in a single sitting at second reading. I sit at the natural resources committee. We passed it in a single meeting. Now, today, it is going to have less than a couple of hours of debate and it is going to pass in this House.

Does the minister think that five years of inaction from his government is acceptable? Why does the minister think that democracy is inconvenient? We have fast-tracked this bill. We have worked together to get this bill through. How can the minister say that there have been delays?

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:40 p.m.


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Liberal

Seamus O'Regan Liberal St. John's South—Mount Pearl, NL

Mr. Speaker, these regulations are very complex. In total they are nearly 300 pages. We did not want to take shortcuts, as I have told the hon. member at committee. We owe it to our workers. We owe them to keep them safe. We had to consider 173 domestic and international standards, which amounts to over 15,000 pages in total. They are developed to be consistent with the joint management framework that characterizes the Atlantic offshore.

Regulations must be vetted and agreed upon by Canada, by the Government of Newfoundland and Labrador, and by the Government of Nova Scotia. It is three governments. It is not something that happens with the snap of someone's fingers. It is complex. It takes time and that is precisely why the original bill in 2014 included a five-year period to get it done.

There has been extensive engagement of stakeholders, particularly through 2016 to 2018. In fact, there was an amendment of the transitional regulations in 2017 to address a number of administrative irritants. That fix set us back some time.

Then there is COVID. No one can ignore the impacts of that, which we are confronting. It has forced us to change everything that we do. For institutional processes like regulation drafting, adapting to virtual working was challenging. It took time, but I am confident that the work that remains can be completed with the time that this bill will provide, if passed.

I am grateful for the thorough going-over that it has received at committee and I thank the hon. member for his work.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:45 p.m.


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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I, too, am very surprised by the minister talking about the delay of the passage of this legislation.

First of all, the fact is we are almost into June and the regulations expired in December. Is he suggesting that nothing has been done in the last four or five months? Has everything stopped? The only thing that stopped was the government actually ensuring there was no gap and there was no gap in the regulations.

Offshore workers have been waiting since 1992, when offshore health and safety was passed over to the C-NLOPB for permanent enforceable regulations in the offshore. This minister and his government have been responsible for six years of that, and he is blaming it on a failure to pass the bill? This will pass today, as the previous speaker pointed out. Is the minister saying the delay is the fault of this House?

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:45 p.m.


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Liberal

Seamus O'Regan Liberal St. John's South—Mount Pearl, NL

Mr. Speaker, as I have stated before, and not only am I opening comments now, but as I also stated in committee, I have been frustrated with the delays involved. I accepted the amendment as suggested by the other place, and accepted that it should be 12 months and not 24 more months.

There cannot be any shortcuts when it comes to the health and safety of workers in our offshore. We can take no shortcuts when it comes to keeping them safe. While the bill may only have three clauses, I think we can all agree the regulations that they address are far more substantial.

We have a detailed implementation schedule in place with the Department of Justice and with our provincial partners in Nova Scotia, and Newfoundland and Labrador. As I have noted, there is a number of statutory requirements, as well as stakeholder engagement and provincial coordination that has to happen. Particularly in the current pandemic environment, this is not something that we can take shortcuts on.

We need to get these regulations right. That is what the workers in our offshore deserve, nothing less.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:45 p.m.


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Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, I agree with the minister. We want to make sure we get this right. This Parliament wants to make sure it goes through the process in an appropriate fashion, and it will be passed today.

However, what we are seeing over and over again from the Liberal government is this ramming through of bills, creating a crisis and not reacting until it is a crisis. For example, the CUSMA, we rammed that through before COVID. The Canada-U.K. trade agreement, we rammed that through in the last minutes. Again, time was never given to Parliament to properly do the appropriate job.

We do want to get this right, and this will get passed. However, the government knows the deadlines. Why can the government not say, “Okay, the deadline is X, I need to start two years before that, five years before that.” Why does the government wait until the last minute, dump it on Parliament, and then force us to react and scrounge and give up our liberties here in Parliament to properly vet something on a piece of legislation?

Why can the government not be more proactive and less reactive in the event of a crisis?