Natural Resources committee  Well, it's addressed at the simplest level by saying that the operator of the facility is responsible, period. Then there are processes that are established from a governance point of view and that allow workers to be part of the decision-making with the chief safety officer and the officials from the board, who regulate, as well as the company that operates, so it's a consultative open conversation around concerns about safety.

Natural Resources committee  I'd simply say that I don't know about the Public Works case, but I'll certainly take your question as you presented it. The workers have a regime today in which there are a number of regulatory aspects that fall under provincial jurisdiction that apply, and they have aspects that apply as contractual conditions that are established between the operator and the offshore boards, which take into account occupational health and safety issues.

Natural Resources committee  One of the examples I could speak to is when a worker arrives and punches the time clock and begins, if you will, on the job. They're physically standing in St. John's, and they are then transported, frequently by helicopter, or by ship, to the operation. When they get on that helicopter, they fall under the jurisdiction of the Minister of Transport, who is responsible for the safety of passengers while in transit on any vehicle in Canada, whether it's by air, ship, rail, train, you name it.

Natural Resources committee  If I could be more upfront about it, I think it's more that regulations and regulation-making take a fair bit of time. Frequently new techniques and new technologies emerge, and you want to be able to accept things when they occur, long before perhaps the regulations catch up to spell out that you need a certain piece of equipment.

Natural Resources committee  I'd have to say that we compare in a number of ways. One of the ways that Canada sets itself among the appropriate peers globally, and we would consider those to be Norway, the United Kingdom, Australia, and others, is that much of our regulatory regime and the regime behind it is focused on safety.

Natural Resources committee  There is the requirement in the two pieces of legislation to ensure consistency between them. The question of the consultation would be should the government invoke the authority to make regulations if there is a requirement for there to be consultation through the Canada Gazette process, which we recognize would occur.

Natural Resources committee  You're talking about Bill C-4.

Natural Resources committee  This bill seeks authority to be able to potentially change the definition of “danger”. Clearly that will have to be consistent with the amendments proposed for the Canada Labour Code under Bill C-4, but I'm not an expert in that particular set of amendments. The question of how one exercises that authority is expressed in the bill, which is that it will go through a regulation-making phase or a step, that it would be provided for comment and consultation.

Natural Resources committee  It's correct. It's incorporating existing practices.

Natural Resources committee  Correct. While I won't debate the will of Parliament to determine what is legislation, any amendments in the bill that are of a substantive nature will have to be reflected in the provincial bills for them to take force and then for the new regime to be in place, if you will, for the occupational health and safety in the workplace in the offshore.

Natural Resources committee  That's actually a question that my colleague who will be following me will be able to best lay out, in terms of the tenure of the safety officer. Each of the boards is slightly different in their composition.

Natural Resources committee  I'll defer to my colleague from Justice who would be able to speak to the issue of the reference.

Natural Resources committee  Okay, I would defer to your statement on that particular point. But I would certainly address the question you had about the three aspects of the board's responsibilities.

Natural Resources committee  I think we've been looking at all of the aspects of the recommendation, and the report in and of itself. There was the Hickman report, which preceded that one and actually suggested that the strength of the regulator was really important to continue. There are different models around the world, and some have different approaches—

Natural Resources committee  I think the Premier of Newfoundland expressed a number of years ago an interest in recommendation 29. She didn't actually express whether it was (a) or (b). At the time of that expression I think the legislation we're speaking to was not yet tabled, nor had it been considered.