Debates of Nov. 25th, 2013

Offshore Health and Safety Act

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, I am pleased to be rising today to speak to the bill before us, Bill C-5. It has a very long name, which I will not repeat.

Members will have heard my caucus colleagues who rose before me to affirm their support for this bill at second reading. I rise to affirm mine as well. However, like my colleagues, I do so not without reservation and not without the promise to do better when we get the opportunity in 2015.

Let me first deal with the positive. Bill C-5 represents the culmination of over 12 years of negotiations between the federal government and the provincial governments of Nova Scotia and Newfoundland and Labrador. It addresses a longstanding gap in legislation, one that has existed since 1992, related to occupational health and safety in the Atlantic offshore oil industry, by placing into the Atlantic accord's authorities the principles relating to occupational health and safety. In doing so, this bill effectively takes current occupational health and safety practices in that industry and codifies them in the form of legislation to be administered by provincial regulatory agencies.

The bill does a number of important things, but first and foremost it outlines the duties of occupational health and safety officers, and provides these officers with enforcement powers, warrant provisions, and inspection and investigation and other measures, in dangerous circumstances.

I mention that, notwithstanding my colleague's commentary earlier in this debate about the apparent conflict between those provisions and the budget implementation bill. It provides employees with the right to refuse to perform an activity that they have reasonable cause to believe is unsafe and affords the employees protection from reprisal for reporting unsafe conditions. This is the keystone to any occupational health and safety legislation. Further, the bill authorizes the relevant federal ministers to develop necessary regulations for both offshore work and the transit to and from that work.

All of what this bill would accomplish the NDP has called for in all relevant jurisdictions for many years. This bill stands for the benefits of a collaborative governance model, one that the government has not put into practice before, but one that sees the federal government and provincial governments working together to solve real problems and make meaningful change.

The bill leaves certain important work undone. The bill does not provide for either an independent stand-alone safety regulator or an autonomous safety division within the regulating petroleum boards.

The recommendation for an independent stand-alone safety regulator was made by the Hon. Robert Wells, as we heard this morning, as the result of his inquiry into the crash of the Sikorsky S-92A helicopter in March 2009, about 30 nautical miles from St. John's. That crash had but one survivor; there were 17 people who died.

Of this proposal, the Hon. Robert Wells wrote:

I believe that the recommendation which follows this explanatory note will be the most important in this entire report.

In making this recommendation, Wells looked to other jurisdictions and found that independent and stand-alone safety regulators were in place in Norway, the United Kingdom, and Australia, with a similar concept being developed, at the time, in the United States for offshore oil production in the Gulf of Mexico.

Wells wrote:

The oversight role which I am recommending would not conflict with the roles of other regulators, but it would when necessary enhance other regulatory measures. [...] Worldwide, the thinking and practices of safety have developed and changed greatly in the past quarter-century. In the C-NL offshore [Canada-Newfoundland and Labrador offshore oil industry], it is time for a new and comprehensive approach to offshore safety regulation.

He also suggested that should an independent safety regulator not be considered feasible, an alternative along these lines should be implemented: a separate, autonomous safety division of the Canada-Newfoundland and Labrador Offshore Petroleum Board with a separate budget and separate leadership, an organizational structure designed to deal only with safety matters, and a mandate and the ability to engage expert advisers to assist in its regulatory tasks; and an advisory board comprising mature and experienced persons who are fully representative of the community and who are not connected to the oil industry.

My deep concern about the omission of action on either the recommendation for an independent, stand-alone safety regulator or its proposed alternative is not informed by my knowledge of the offshore oil industry or of the particular hazards to health and safety related to the work or workplaces of that industry. Rather, it is from a number of years representing workers and workers as supervisors, as broadly understood and defined under occupational health and safety legislation, in an industry with its own particular hazards, the electricity industry.

For those of us who do or have done this kind of work, there is a single principle that governs and motivates what we do, say, think, and propose. That principle is prevention. It is taking all opportunities to ensure that tragedies do not happen, and when they have happened, to prevent them from transpiring again.

The work is always about identifying hazards and risks and removing the hazards, or if removal is not possible, mitigating the risks posed by those hazards. The reason for that approach, that principle, is simple. We talk about workplace or occupational health and safety, but what we are really talking about when we talk about workers are moms, dads, brothers, sisters, sons, and daughters. We cannot lose sight of that essential truth, because when understood in these terms, when it is understood that what we are doing is ensuring that mom or dad, son or daughter go home from work alive, then the value of prevention becomes, I dare say, obvious.

That responsibility for getting moms, dads, brothers, and sisters home every night falls on all of those in the workplace, most certainly. Occupational health and safety is a shared responsibility. Workers must care for each other, and part of doing so is sharing their knowledge and expertise with all parties in the workplace.

Fundamentally, this is an ethical issue. From knowledge of hazards and risks and knowledge of how to remove or mitigate those hazards and risks flows a duty, a legal duty, yes, but more fundamentally, an ethical duty, to save others from harm. That duty also falls on us here in the House and in all legislatures across this country at least as if not more heavily than it does on anyone or anything else, because we are uniquely privileged to have the power to respond.

That is indeed what this process is about in the House today: the bill and our ability to debate it, identify its shortcomings, and amend and improve it. In all of this is found our ability to do so much to ensure that moms, dads, brothers, and sisters make it home from work.

While we may all embrace the principle of the supremacy of Parliament, that does not obviate or in fact diminish in any way the onus on those who reject the very strong and clear recommendation put forward by the hon. Robert Wells to provide reasons for ignoring or rejecting that recommendation.

Therefore, we will send the bill forward, because in a sense, we have an obligation to. However, there is a question that remains outstanding, unanswered, which is why leave out that important recommendation? The onus to answer that question in a clear and compelling way, the onus to reject convincingly the arguments put forward by Justice Wells in his report, continues to rest on the shoulders of the government, at least until it becomes moot because a better government comes along to put in place that independent, stand-alone safety regulator that will make workers safer, because a mom, a dad, a son, or a daughter is more likely to come home from work because of its existence.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, I thank my colleague for his speech.

Near the end of his speech he mentioned that the debate gives members a chance to identify shortcomings in the bill. I also mentioned that in my speech.

We have been debating this bill for several weeks and we have tried to bring up some issues. Just because we support the bill does not automatically mean that it is perfect. We have questions, but we cannot get answers from the Conservatives. I think that is unfortunate. I wonder what my colleague thinks about that. I imagine that he agrees with me, but I would like to hear his thoughts.

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, I suppose, two and a half years into my mandate to represent the people of Beaches—East York in this House, I should be hardened to the government's negligence in these matters. However, I am still surprised by its failure, and perhaps lack of courage, to stand in the House and respond to a very simple question. Why leave out the recommendation by Justice Wells, the recommendation he described as so important? In fact, it is the most important recommendation that flowed from his inquiry into that tragic crash. It is a simple question.

The debate in the House seems to have come down to a very narrow focus, and the focus seems to be how we can do better. Why can we not improve the bill? What, in fact, is the government's issue with implementing that important recommendation of Mr. Wells? I would most certainly welcome the opportunity to listen to any member on the government side who answered that question.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I would like to thank my colleague for his fine speech. He mentioned that an NDP government would have taken a different tack in the negotiations on Bill C-5, and he also talked about how an NDP government would have worked with its provincial partners.

I would like to let my colleague say a little more about how an NDP government would work on improving the well-being of Canadians from coast to coast, and more specifically when it comes to protecting the rights of workers on those coasts.

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, I mentioned earlier that there has been a legislative void on this issue since 1992. Some amendments to the Atlantic accords triggered the absence of legislation dealing directly with health and safety provisions for the Atlantic offshore oil industry. Knowing that, there flows a responsibility on our behalf, on all those who sat in this House from 1992 onwards, to fill that gap and respond to it in the interests of the workers who work in that industry and put their lives at risk every day they go to work.

We have seen that the negotiations that started in 2001 were indeed triggered by another tragic event offshore, another helicopter crash. Again, the inquiry that seems to be the subject of most of the debate, and certainly of our commentary here, which Hon. Justice Wells undertook, was also triggered by the death of 17 people in a helicopter accident.

I do not think we can ever forget our responsibility in this House to ensure that Canadians are safe in their workplaces, safe at home, and safe in the public, and I would like to think that we in the NDP would have responded immediately, in a collaborative fashion, with other jurisdictions, to fill that legislative gap many years ago.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I am proud to join my colleagues in supporting Bill C-5 at second reading. Before beginning, I would like to say that I will be sharing my time with my colleague, the extraordinary member for La Pointe-de-l'Île.

The bill before us today is important. It is the result of negotiations that have gone on for a long time now, for more than 12 years in fact, between the governments of Canada, Nova Scotia and Newfoundland and Labrador.

This bill seeks to remedy long-standing issues in existing legislation relating to health and safety standards in offshore areas, with regard to the oil and gas sector.

If passed, Bill C-5 will enshrine safety practices in legislation, and it will establish a framework that clarifies the individual and collective roles of the federal government, the provincial governments, regulatory agencies, operators, employers, suppliers and workers.

There are three key principles that underlie Bill C-5. First, the legislation relating to workplace health and safety must protect workers in offshore areas as well as workers on land. In addition, workers have the right to know, to participate, to refuse, to be protected from reprisal and to receive adequate protection. Finally, it is necessary to support an occupational health and safety culture that emphasizes shared responsibility in the workplace.

The NDP is proud to support Bill C-5, which will make it possible to establish a stronger system for the protection of workers, which the NDP has been demanding for a very long time now. Clearly, in our view, the bill still does not go far enough, but it is a step in the right direction just the same. That is why we are going to support it. We hope we will be able to work with our colleagues from all parties to improve the bill and ensure that in offshore areas the workers in the gas and oil sector will enjoy adequate workplace health and safety protection.

Quite frankly, I find it rather refreshing that the Conservatives are introducing a bill that provides greater protection for workers' rights. This is surprising. We are not used to seeing the government take this kind of approach—quite the opposite.

Indeed, since winning a majority, the Conservatives have introduced a growing number of measures to erode protections for workers and undermine their rights, which is very unfortunate. This represents a small change in direction. However, we should certainly not forget the various measures the government has taken to effectively undermine the protection regimes in place for our workers in various sectors.

I am particularly thinking of Bill C-377, an underhanded and mean-spirited bill designed to cripple Canadian unions by creating a massive bureaucracy they have to comply with, under the phony pretext of increasing the transparency of organizations. However, everyone knows full well that the Conservatives' real objective in introducing such a bill is to undermine the unions' ability to appropriately represent their members and defend their rights.

We know that the members opposite may find this concept difficult to understand, because in fact, none of them are participating in today's debate. We are talking about protecting workers and implementing very important measures to protect the people who work in the oil and gas industry—which the Conservatives care deeply about. However, they do not even bother to rise, to represent their constituents and defend the rights of workers.

However, they have no qualms whatsoever about introducing a growing number of measures to undermine the rights of workers in various industries. To be honest, this makes no sense at all.

I can mention another measure that attacked workers' rights, namely the special legislation passed by the Conservatives during the Canada Post lockout in June 2011. This legislation forced the employees back to work, obviously under worse conditions, while reducing their pensions and their protections, which were in fact acquired rights. The Conservatives gave themselves the power to gut certain measures that had been negotiated between the employer and employees. The Conservatives, however, clearly decided to circumvent all that.

This also brings to mind the recently tabled Bill C-4, which ironically weakens workers' health and safety protections. It also allows the minister to decide, unilaterally in a totally arbitrary way, which public services to designate essential, thus limiting the actions workers will be able to undertake to defend their rights or demand better working conditions.

Finally, who could forget how the Conservatives have gut the employment insurance system? They are leading a direct attack against seasonal workers all across the country. The Conservatives are not only failing Quebec and the eastern provinces: every part of the country will feel the impact of the employment insurance reform.

In my riding, Portneuf—Jacques-Cartier, not a day goes by without someone phoning or visiting our office because they are adversely affected by the EI reform, a reform the Conservatives pushed through without consulting the provinces, the territories or labour organizations.

All these examples illustrate the Conservatives' general attitude. Luckily, there is a tiny glimmer of hope now, since Bill C-5 would provide some workers with additional protections. Let us seize this ray of hope.

The NDP will support this bill. I must say again, though, how disappointed I am that the Conservatives are not taking part in the debate on Bill C-5. It may be that they have forgotten how debates work, or that they have no idea how to defend workers' rights, since they have never done it before. Why start now? Even though the Conservatives are introducing a bill about workers' rights, they are so close to big corporate bosses that they can no longer rise in the House and defend workers' rights, even when they should be standing up for their constituents.

NDP members will keep up the good work, doing their best to stand up for Canadians, including those the Conservatives should be standing up for. Today's debate is important. It is a shame so few government members are actually taking part in the debate.

Let us get back to Bill C-5. As I said earlier, this bill will improve the lives of offshore workers in some ways. However, it does have some shortcomings, the most significant of which is the fact that the government refused to create an independent, stand-alone safety regulator for the offshore zone. The governments of Nova Scotia and Newfoundland and Labrador have repeatedly called for this, but the Conservative government refused at every stage of the 12 years of negotiations.

In his June 2010 report, the hon. Robert Wells made several recommendations, including recommendation 29, which he believed to be the most important one in the report. The recommendation called for the creation of a new, independent and stand-alone organization to regulate safety issues in the offshore. This organization would have to be distinct and independent from all other bodies regulating offshore activities and would be solely responsible for regulating safety issues. Similar organizations exist in Norway, the United Kingdom and Australia. The United States is also considering setting up this type of body in the Gulf of Mexico. The Conservatives, however, have refused to even consider the idea. That is not how an NDP government would have handled things. We think it is important to create that kind of body. We will work toward that, which means that we will continue to pressure the government to create that kind of body, and we will continue to support our provincial partners as they work toward that goal, which is very important.

Various accidents and tragedies have occurred on our coasts, some of them fatal. Several of my colleagues have talked about that in the House, including my colleague from St. John's East. Despite everything, despite the Wells report and despite the fact that people from across the country have repeatedly asked the government for this, the government will not budge. Such an organization is not included in the bill and will not be created.

I think that is a shame because there are some measures in Bill C-5, measures that protect worker health and safety, that the NDP can support. We will be happy to do so.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I found my colleague's comparison of Conservative policies quite interesting. Since 2011, the Conservatives have shown real contempt for workers' rights. I would like her to elaborate on that. Perhaps the Conservatives are doing some soul-searching and waking up to the fact that the safety and rights of workers are fundamental in a country like ours.

Could my colleague elaborate on that aspect of the bill, as well as on the Conservatives' lack of goodwill?

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I would like to thank my colleague for her question.

I would like to believe that the Conservatives have had a revelation, a eureka moment. Then they would understand that it is important to protect our workers. Unfortunately, if we look at Bill C-4, which I spoke about and which was introduced just before Bill C-5, and if we consider all of the measures that have been implemented by the Conservatives since they won a majority, I have a hard time believing that is the case.

I am not overly optimistic that this government will protect workers in sectors outside the gas and oil industries. Since the start of the Conservative mandate, workers in the federal public service in particular have become this government's scapegoats for absolutely everything. Measure after measure is being adopted to eliminate positions, reduce the quality of working conditions and so on, all because it is easy to do.

I would really like to see the Conservatives bring in more measures to improve working conditions for workers in all sectors, but that is not what we are accustomed to under this government. Unfortunately, I am afraid that this is just a one-off. However, I will give them the benefit of the doubt. We can only hope that things will improve and that the Conservatives will start listening to the workers in various sectors, the people they represent in their ridings. It will be up to the Conservatives to prove that they really have the best interests of Canadian workers at heart.

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I wonder if the hon. member finds it as surprising as I do that when the Conservatives put forward an important piece of legislation such as this and we raise concerns about it, they fail to put up speakers on the bill or participate in the questioning or respond in any way to the very important questions that we have raised in this debate. Instead they just sit silent. I wonder what her reflections are on that.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I wish to thank my hon. colleague for that important question, because it gives me the opportunity to emphasize how troubling it is that no Conservative members are taking part in this debate.

We were elected to come to this House, defend the interests of the people we represent, engage in dialogue and introduce bills, as well as to try to improve the content of those bills through debate and discussion. However, this government prefers to rest on its laurels and simply not participate. Frankly, this attitude is appalling. It is unworthy of the mandate we have been given and unworthy of voters' confidence.

It would be nice if even one Conservative member would rise to take part in the debate for a change. Then at least one member would be taking their responsibilities seriously and fulfilling their duty as an MP, which might make that person deserving of their constituents' trust.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I think it is very important to point out today that, although I have had countless opportunities to debate issues in the House of Commons, unfortunately, I have rarely had the occasion to congratulate the Conservatives. As I rise today to speak to Bill C-5, I would like to tell them that, even though we support this bill, we are not completely happy with it. There are still improvements to be made.

I would like to point out that, all too often, the Conservatives complicate things when they could be drafting bills that are in the best interests of Canadians. I am thinking, for example, of Bill C-5. This bill was drafted in consultation with stakeholders and the Atlantic provinces, and even after 12 years of talks—which is quite a long time—it does not take into account the most fundamental recommendations contained in the report.

For that reason, I would like to ask the Conservatives why they are trying to pass a bill that does not go all the way and why they are always passing bills that are full of holes and leaving the courts and Canadians with unclear legislation.

What is wrong with this government is that its members are not capable of taking their responsibilities seriously. Things have reached the point where—as my colleague from British Columbia just mentioned—they are not even debating their own bills. That is completely ridiculous. The government introduces bills and then refuses to stand up for them and respond to Canadians' concerns.

That is what is wrong with this government. I am sorry to say so because I greatly appreciate my colleagues on the other side of the House. This bill could have been a wonderful bill had the Conservatives taken into consideration the main recommendations of the report. All of the experts and groups who were consulted said so. The bill is good but it could have been even better had the government really listened to their requests and simply acted on their recommendations.

Unfortunately, I do not think that we will ever know why the government did not do so. It is too bad that, day after day, this government refuses to debate its bill and improve it in order to give Canadians the best legislation and the best protection possible.

That being said, I would like to address the positive aspects in the bill, because I think it is important to do so. We know the Conservatives’ past history in terms of workers’ rights and in terms of work in general. I hope this shows that they are now taking Canadian workers seriously and that they are coming to their defence.

In my view, enshrining health and safety provisions for Canadians in legislation is very important because it provides clear guidance for employees, employers and provincial regulatory agencies. It should be mentioned that the step we are taking is a very important one. Basically, all the agencies and all the provinces agree that this is a sound piece of legislation. On the other hand, there is still room for improvement in the bill’s content, and I will come back to this point a little bit later in my speech.

As I mentioned, the bill addresses shortcomings. It was in 2001 that the government began negotiations with the provinces, and this bill is therefore the culmination of 12 years of effort.

The government is there to listen to the provinces and not necessarily to play the devil’s advocate all the time. Unfortunately, even when it is playing the devil’s advocate, it is not even able to put forward a bill that implements the recommendations that it said it wanted to implement. That is too bad.

For instance, in 1992, it was decided that health and safety matters would be removed from the legislation. This made things rather hazy. The provinces had to move ahead in different ways without a set of legislative guidelines for enforcing health and safety principles.

We know how complicated things can be in the Atlantic provinces because of offshore oil and gas development. We know, for instance, that BP is beginning new exploration off the coast of the Atlantic provinces. We are moving toward more oil and gas development. This is the perfect time to pass clear-cut regulations to protect people who may even be risking their lives on offshore oil rigs. This is really important.

I would really like to congratulate the government for finally recognizing the rights of these workers. They have the same right to protection as all other Canadians.

I know that the Conservatives have policies on union rights that are quite regressive. We have seen it with Canada Post. We have seen it with Air Canada and Aveos, with the Air Canada Public Participation Act.

I think it is important to note that, perhaps today, the government has done a little bit of soul-searching and has come to the conclusion that it is there to protect workers, not private organizations.

As I said, the bill describes the duties of operators, employers and employees. This is important. While occupational health and safety regulations must admittedly be put in place for the benefit of employers, employees must also have benchmarks for guidance and a clear framework to know exactly where they stand. For example, while an occupational health and safety culture must be instilled in both employees and employers, employees must also be protected.

I want to focus on one very important provision. Bill C-5 gives employees the right to refuse to perform a task that constitutes a danger to themselves. Of course, the bill also makes it clear that employees must have reasonable cause to believe that performing the task would constitute a danger to themselves. I believe this is important. The provisions benefit employers as well as employees.

Another very crucial provision protects employees that report unsafe conditions from reprisals. This might help to prevent major disasters, like the one that occurred in the Gulf of Mexico.

It is important, in my view, to establish an occupational health and safety regime. The government must focus on doing this not only for the safety of Canadians, but also to prevent disasters and to safeguard all Canadians from problems of this nature.

Since my time is running out, I would like to turn to recommendation 29. As I mentioned, the government conducted negotiations and held talks with the provinces for 12 years, but it disregarded the most important recommendation, one on which all provincial organizations and the provinces wanted the government to show some leadership. That recommendation called for the creation of an independent safety regulator.

It is very important to note that a number of countries have already established this type of independent body. As my colleague from Portneuf—Jacques-Cartier stated earlier, these countries include Norway, the United Kingdom and Australia. The United States is considering the possibility of establishing one such body.

If the government really wants to show that it is willing to take action, it must go all the way and meet all of the provinces’ demands.

In my estimation, this is important. If the government really wants to demonstrate its willingness to take action, it must follow through and meet all of the demands made by the provinces.

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I thank the member for her very cogent speech on this topic. I would just like to reflect again on the failure of the Conservatives to respond to any of the concerns that she raised in her speech during the time available to them during this question period.

I will give her another chance to reiterate some of her major concerns and see if we can get any of the Conservatives to stand up and take part in this debate.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I mentioned it in my speech. I have been here all morning listening to my colleagues speak and extend a hand to the Conservative government, asking it to work together with us, as should be the case in Parliament, so that Canadians can be safer and the best possible occupational health and safety legislation can be adopted.

Unfortunately, not one of my colleagues opposite, not a single Conservative member, has been willing to take up our offer to work together and demonstrate this government’s good will. Where the rights of workers are concerned, this government is, regrettably, cultivating the negative image it has across the country.

[Jack Harris, NDP, St. John's East, NL]

Mr. Speaker, I do have a question, and I look forward to the Minister of National Defence's comments on this legislation after we have finished. He is the former Minister of Justice. He can come back and join in the debate. We will be happy to have him.

However, I was wondering whether the member had any comments on or was surprised by the length of time it has taken this legislation to come forward. I am reading an article here that was written by legal counsel from the Canada-Newfoundland and Labrador Offshore Petroleum Board. It is dated 2003, and it talks about how the negotiations are almost concluded.

Why does the member think it has taken at least two Liberal governments and three Conservative governments to get to the point, 10 or 12 years later, where we finally have legislation? Why was this issue so low on the priority list of these governments?

[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.

[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.

[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?

[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?

[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?

[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?

[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?

[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.

[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.

[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.

[The Acting Speaker, Conservative, Bruce Stanton]

Resuming debate.

Is the House ready for the question?