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.

Offshore Health and Safety ActGovernment Orders

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


See context

Liberal

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

Mr. Speaker, I would not want to misjudge or mischaracterize the amount of work that has gone on outside of this chamber. All parties and both chambers of Parliament have worked expeditiously on this bill, doing their due diligence. In a minority Parliament, there has been co-operation, collaboration and regular communication. I am grateful for that.

When it became clear in the fall of 2020 that the final regs would not be completed by December 31, the governments of Canada, Newfoundland and Labrador, and Nova Scotia each took legislative steps to extend the transition period so that workers would be protected under the existing occupational health and safety framework.

For the federal government to signal our intent, this bill was introduced in the Senate on December 1. The bill was amended, and it was passed by the Senate in mid-February. It was then introduced in the House. In a similar time frame, it has now passed through committee.

This is something that we understand to be very serious. Once again, I am grateful for the amount of work on all sides of this House, behind the scenes, to make sure that we are in the place where we are today.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:50 p.m.


See context

Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Mr. Speaker, I want to congratulate the minister, first on all, on his work on this particular issue.

I want to ask him about all the work that has been done vis-à-vis the institution known as the C-NLOPB. This is a unique situation that we have within the province of Newfoundland and Labrador, as well as in Nova Scotia and their board as well. I would like the minister to illustrate all the work that has been done by them in light of the dual jurisdiction that they have. Could the minister explain the C-NLOPB's important input into this process?

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:50 p.m.


See context

Liberal

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

Mr. Speaker, as the hon. member knows very well, the C-NLOPB and the C-NSOPB are true examples of shared jurisdiction and co-operation between provinces and the federal government. I am extremely familiar with the C-NLOPB. What we have managed to do is create one of the finest regulatory regimes for offshore oil in the world, in an area of shared jurisdiction.

It does mean, of course, that we have to be very careful and make sure major changes like this are done in concert and done together. This government has always respected the jurisdiction of the C-NLOPB, and it is seen in Newfoundland and Labrador as a significant accomplishment. We have not only respected the C-NLOPB, but we have strengthened it. In terms of what we have done for the offshore, no federal government since the time of Brian Mulroney and John Crosbie has done more here in Newfoundland. I do not make this statement loosely. I make it sincerely and truthfully.

There was $2.5 billion given through the renewal of the Atlantic Accord in 2019. Another $320 million went to the province to support workers and increase environmental performance of the offshore, and on top of that we put $75 million for the emissions reduction—

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:50 p.m.


See context

The Deputy Speaker Bruce Stanton

We are going to try to leave enough time to get one more question in here.

The hon. member for South Okanagan—West Kootenay.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:50 p.m.


See context

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, the people at the centre of this, and the people who have been really affected by this, are the offshore workers. They are represented by unions, most of them by Unifor, yet they have not been consulted properly on this. They should be allowed to choose their own representative on the health and safety council.

I just wonder this: Would the minister be open to making that change? It would not require legislative change, but change to the mandate so that there is greater transparency and more access for the workers to have a say in their own safety.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:50 p.m.


See context

Liberal

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

Mr. Speaker, certainly we have worked hand in glove with unions and have consulted with them vigorously. It is important that I make the point that we have consulted with them. I know at committee they have spoken about such consultations, and it is important also to remember that they remain protected. The North Atlantic is a harsh environment to operate in, but it is not the wild west out there. The legal framework continues to be in place: It has been since 2014, and workers in the offshore are protected under the best health and safety regulatory regimes in the world. As I mentioned, we need to continue to improve the C-NLOPB. That is why it is the best: because we are continually working at it to make sure it works for our workers.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 3:50 p.m.


See context

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, in the interests of getting this important legislation passed so we can get it to the next stage and provide these protections for workers I could give a 20-minute speech, but I will be giving a significantly shorter speech on this.

There is one personal note I want to add. I was texted this morning, after I completed my speech, that my first niece was born today. Her name is Maeve Elizabeth Danielle Penner, and her mom is doing great. We are all very happy and blessed to have this new beautiful baby girl in our family.

I am pleased to rise to speak to Bill S-3, an act to amend the Offshore Health and Safety Act. It is about time this important legislation to protect the safety of workers made its way through the House of Commons.

The Liberal government failed to get this legislation passed in a timely manner, which has put the safety of offshore workers at risk. We debate a lot of important issues in the House, but out of the many pieces of legislation I have seen the government put forward over the past few years, few bills could be more important than ensuring the safety of workers. In this case, we are talking about offshore energy workers.

How did we get to this point? We are now in a situation where important safeguards have been allowed to lapse. These safeguards were put in place by a previous Conservative government over five years ago, but not acted upon by the current Liberal government until it was too late. Thankfully, no one appears to have been harmed by the lack of action on this file, but it remains inexcusable that we have come to this point in the first place.

At the end of last year, the Liberals allowed the existing temporary safety regulations for our offshore oil and gas workers to expire. In effect, this stripped key health and safety protections for these Canadian workers who risk their lives every day to ensure we have the resources to heat our homes and drive our vehicles to work. These workers, in this case primarily from the province of Newfoundland and Labrador, are a pillar that supports the economy of the province and this country.

The province has elected a lot of Liberal MPs. The Minister of Natural Resources comes from the province, yet it appears that little attention has been paid to this important issue.

Most people would not know it, but I had the privilege of working in our onshore energy sector. I donned my personal protective equipment and H2S monitor and went to work in Canada's energy industrial heartland in Edmonton, Alberta. I spent two summers in university working the shutdowns at the Imperial Oil refinery in Strathcona. On site we had plenty of heavy equipment moving around and we did the jobs that needed to be done to ensure the facility could run smoothly, create jobs and support our economy. I remember working the night shift, 12 hours a day, day in and day out, for weeks. I picked up extra hours at the end of each shift and put on a HiVis vest to do traffic control and ensure that the tired workers would not accidentally be run over as they went home from their shifts. I stood watch as skilled workers went deep into systems to ensure that first aid would be readily available for them in case of danger. This was on the land. I can only imagine the dangers faced by those on the east coast who get on a helicopter and head out to platforms far at sea, sometimes in bad weather.

Tragedies from our past demonstrate just how critical it is for these safety regulations to be in place. Canadians were devastated in 1982 by the news of the Ocean Ranger rig and 84 workers who lost their lives when it capsized during a storm, and again in 2009 by news of Cougar Helicopters Flight 491 crashing into the North Atlantic, resulting in the tragic deaths of 17 offshore oil workers. This tragedy led to the Cougar inquiry, the results of which were taken by governments to pass this important legislation. After each of these disasters, there were investigations into their causes and recommendations on how to avert these dangers in the future. I am sure that politicians spoke to the devastated families, promising that never again would this be allowed to happen, yet here we are today debating legislation that should have been passed months, if not years, ago.

It was the previous Conservative government that recognized the very real need for these protections. That is why, in 2014, the government passed safety regulations through the Offshore Health and Safety Act. That is exactly the kind of leadership that we need in this country: We need a government that is proactive and not reactive, and that takes prompt action to protect the safety of our workers.

These temporary regulations were set to expire in 2019. They gave the Liberal government years to implement permanent offshore energy safety regulations. The Liberals had to extend that deadline for another year. They extended those temporary regulations to December 31, 2020. The Liberals had time to get the job done.

For many of those years, they had a majority. The fact is, even now in the current minority government, the Liberals have the political support to get the job done but they have not, until now, and that is inexcusable. It was not days, and it was not the month of the deadline in December, that the Liberal government finally introduced Bill S-3 in the other place. Where was the Liberals' sense of urgency? It really feels like an afterthought, as if the safety of these workers was not of great importance to the government. Why did the Prime Minister, the Minister of Natural Resources and the Liberal government wait until the last minute to do their jobs? An important deadline has been missed. Key protections are missing. The Liberal government dithers. Perhaps if the government had not chosen to prorogue Parliament and waste many additional days of productive debate, we could have had this passed before the deadline. We will never know, but what we do know for sure is that the Liberal government did not care to make this a priority.

I am also disappointed, for another reason, that this legislation was not introduced until last year. It would have been a fitting tribute to Judge Wells from Newfoundland and Labrador, who did so much to advocate for the safety of offshore workers. Sadly, in October 2020, Judge Wells, who headed the Cougar inquiry, passed away at the age of 87. Judge Wells was a former Progressive Conservative cabinet minister provincially, and was a Rhodes scholar. As commissioner, his key contribution to the inquiry was the recommendation that helicopters have 30 minutes or more of run-dry capability. He also recommended founding a full search and rescue base in St. John's. I wish the government had its act together and had passed this legislation in advance of the deadline so that Judge Wells could have seen his legacy put permanently into action. All the same, I want to commend him for his service to our country and to his province. He will be remembered for his commitment to the welfare of offshore energy workers and their families.

The delayed passage of Bill S-3 is just another example of how the current Liberal government has failed to prioritize the needs of the men and women who work in our oil and gas sector. In fact, I noted with some surprise that the minister said the words “one of three oil-producing Canadian provinces”, seemingly unaware that more than three provinces in this country produce oil. If it was not bad enough that the government was failing to get key safety legislation passed by the deadline, it also seems intent on phasing out the livelihoods of these oil and gas workers.

We know that Newfoundland and Labrador relies on the energy sector more than every other province, including Alberta. We know that the future of Newfoundland and Labrador requires a strong offshore oil and gas sector. In fact, it is so important to that province that the word “oil” is mentioned nearly 150 times in the recent Greene report outlining the economic future of Newfoundland and Labrador, yet the Liberal government continues its attack on the oil sector with bills like Bill C-69 and Bill C-48 in the previous Parliament, and by not acting on key legislation like Bill S-3, which we are debating today.

Something close to 147 days have passed since the Liberal delays allowed for the existing legislation to expire. That is 147 days that hard-working offshore oil and gas workers have been left in limbo without protections.

I want to recognize the hard work done by those in the other place in passing Bill S-3 as expediently as possible. Recognizing the urgency of this bill, it is unacceptable that after passing in the Senate so quickly, the bill waited in the lineup to get through the House of Commons' agenda. We knew that members in the House were intent on getting the legislation through quickly at second reading and passed immediately.

I sit on the natural resources committee, and we moved with unprecedented speed to get this bill through. It was one meeting. It is my sincere hope that we can push forward with the debate today, get the bill passed and secure these key protections for our offshore oil and gas workers.

As members of the House, protecting Canadian workers must be a key priority. That is why the Conservatives have been co-operative in working to get this bill passed as quickly as possible. The failure to protect offshore energy workers is unconscionable and must end. It is time that we finally get the job done and secure these protections so these workers can continue going about their jobs safely and so we can ensure the prosperity and future not only of Newfoundland and Labrador but of our nation, Canada.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 4:05 p.m.


See context

Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Mr. Speaker, members will recall that, in June 2020, the Prime Minister of Canada exempted all exploratory drilling in the marine environment off the coast of Newfoundland from the existing environmental assessment process. My question is very simple. What does my colleague think about that?

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 4:05 p.m.


See context

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, we know, in the context of June 2020, that we had an unprecedented drop in the value of oil. I do not understand quite fully the context of the government's decisions in this case, as the member said, to drop certain protections, but I can assure him, speaking for myself and the Conservative Party, that we understand that strong environmental and regulatory protections are absolutely vital, not only to protect our environment but to protect the safety of the workers who risk their lives every day when they get on these platforms.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 4:05 p.m.


See context

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I thank the hon. member for his excellent speech on the importance of the industry to Newfoundland and Labrador and Canada. I join him in his praise of Justice Wells, who I knew well. He was an excellent jurist and a fine man to boot. He recommended in his report on the Cougar helicopter crash and safety inquiry on the offshore that there be an independent board to deal with safety on the offshore just as exists in Norway, Australia and the U.K. He said that it was his most important recommendation.

Why did the Conservative government, in 2014, refuse to follow that recommendation and left us with a board that is responsible not only for safety, but also for the environment, production goals and promoting the offshore? Could he tell us that?

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 4:05 p.m.


See context

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, I was elected as a member of Parliament in 2017 and was not privy to the discussions and the back and forth among the province, the industry and the federal government under the previous Conservative government when this legislation came forward. I am not in a position today to make any commitments on this issue.

It is important that we continue to consult with industry, the province and the workers, as the member for South Okanagan—West Kootenay suggested, to ensure that we not only have a viable, sustainable industry that can provide economic benefits for the people of Newfoundland and Labrador, but also an industry that is responsible, promotes the highest levels of safety and the highest levels of environmental protection.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 4:05 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I certainly echo the comments of the hon. member for St. John's East in lamenting that we do not have an independent board for worker safety.

I would also point out for my hon. colleague that both the Canada-Nova Scotia Offshore Petroleum Board and the Canada-Newfoundland and Labrador Offshore Petroleum Board have embedded within the legislation a conflict of interest in that the regulator for environment and for worker safety is also mandated to expand oil and gas production.

This inherent conflict of interest made it very inappropriate that both the Harper Conservatives and the current Liberal government have embedded an environmental assessment, but the offshore petroleum boards can also run the environmental assessment hearings as well as promoting the expansion of oil and gas.

I think it is unlikely my hon. friend for Sturgeon River—Parkland would agree with me, but I find the record of the government entirely on the side of expanding oil and gas in the offshore of both Nova Scotia and Newfoundland and Labrador, failing to provide the kind of independent regulators that were put in place in the United States after the Gulf of Mexico disaster, the Horizon disaster, and in the case of the Cougar helicopter crash, failing to protect the workers.

I wonder if my hon. colleague has considered it from the point of view of this embedded conflict of interest.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 4:10 p.m.


See context

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, I have great respect for the member. She is right that we will not be agreeing on this issue, necessarily.

Being a member of Parliament from Alberta, I am a strong champion of our oil and gas sector and of the workers who work in it. The member opposite has her own constituency of which she is thinking.

I respect the work that these resource boards do. I know they want to uphold the highest levels of environmental protections. It is critical that we support an industry in a responsible manner, protecting the safety of workers and protecting the highest levels of environmental safety, because this is such a key component of the economic prosperity of our country.

As we saw with the green report in Newfoundland and Labrador, it is simply not a question that the future of the province of Newfoundland and Labrador will rely upon the sustainability and future of the offshore oil and gas sector.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 4:10 p.m.


See context

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, during his debate, the member continually promoted a falsehood, which that side of the House has promoted time and time again. He kept saying that if we had not prorogued in the summer, we could have dealt with this issue then.

Does the member not realize that the special rules of the House, put in place between March and September, were that anything that was discussed had to be specifically with respect to COVID?

What he is saying is actually false. Perhaps the member wants to stand, correct the record and apologize for misleading Canadians.

Offshore Health and Safety ActGovernment Orders

May 27th, 2021 / 4:10 p.m.


See context

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, the member is certainly entitled to his histrionics in this place.

However, we have a case where we saw the government waste a number of productive days of debate when it prorogued the House. Maybe this bill would not necessarily have been talked about. In fact, I know it would not have been talked about, because the government did not have its act together and did not get it introduced until December.

What we do know is that we have a full legislative calendar in this place. Having to restart the agenda on all the legislation after the prorogation certainly backed up the legislative agenda of the country and this Parliament and made it that much harder for us to get this legislation passed in an expedited manner.

I will not apologize to that member.