This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.
Joe Oliver Conservative
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament often publishes better independent summaries.
This enactment amends the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (the “Accord Acts”) in order to increase the level of safety and transparency of offshore petroleum activities.
The main purpose of the amendments is to establish a new occupational health and safety regime in the offshore areas.
In addition, it amends the Accord Acts to, most notably,
(a) ensure that occupational health and safety officers, special officers, conservation officers and operational safety officers have the same powers for the administration and enforcement of the Accord Acts;
(b) clarify that the new occupational health and safety regime applies to the transportation of persons who are in transit to, from or between workplaces in the offshore areas;
(c) require that any occupational health and safety regulations that apply to the transportation of persons who are in transit to, from or between workplaces in the offshore areas be made on the recommendation of the Minister of Transport; and
(d) authorize each of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board to publicly disclose information related to occupational health and safety if it considers it to be in the public interest.
It amends the Hazardous Materials Information Review Act to enable health and safety officers to get privileged information and to enable employers subject to the Accord Acts to apply to the Chief Screening Officer for exemptions from disclosure requirements in the same manner as employers under the Canada Labour Code. It also amends the Access to Information Act to prohibit the disclosure of certain information.
It amends the Canada Labour Code to closely follow the Accord Acts with respect to the time frame for the institution of proceedings, and with respect to prohibitions on the sharing of information and on testimony.
It also amends certain Acts and regulations to make terminological changes that are required as a result of certain amendments to the Canada-Newfoundland Atlantic Accord Implementation Act.
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 Deputy Speaker NDP Joe Comartin
The hon. member for Acadie—Bathurst has two minutes to begin his speech, after which I will have to interrupt him.
Yvon Godin NDP Acadie—Bathurst, NB
Mr. Speaker, we will support this bill so that it can move to the next stage, but we hope that amendments will be made in committee to add protections for workers. As I said in the House of Commons this afternoon, as a miner, I remember that the rules in the mines in 1975 were not particularly great. I remember that the Brunswick mine lost six workers in 18 months. That is when the province finally adopted legislation on the right to refuse work. It ensured that the workplace was safe.
After that, there were incidents across Canada, but the big accident was at Westray mine. My colleague from Sackville—Eastern Shore remembers it well, as does my colleague from Dartmouth—Cole Harbour. I think all Canadians remember the 26 miners who were trapped underground. When I worked at Brunswick mine, I was a rescue worker. I was part of the team that went underground if there was a fire, for example. I was also a member of health and safety committees. Back then, companies would say that they did not want to be bothered and that if the health and safety laws were too strict, it would be detrimental to production and earnings.
Do we want to put earnings ahead of the lives of men and women with children? That is the question. We need to develop mechanisms to ensure that the men and women who get up every morning and put in a hard day's work return to their families at night. Governments have a responsibility to put mechanisms in place to ensure that happens. I hope that when the bill goes to committee, the government will be prepared to provide better protection for all workers. Companies would not exist without workers. We need to provide health and safety protections for them.
The Deputy Speaker NDP Joe Comartin
The hon. member for Acadie—Bathurst will have approximately 17 minutes and 40 seconds to complete his speech when the debate resumes.
The House resumed from November 19 consideration of the motion that Bill C-5, An Act to amend the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and other Acts and to provide for certain other measures, be read the second time and referred to a committee.
Peter Julian NDP Burnaby—New Westminster, BC
Mr. Speaker, I am pleased to stand in the House to speak on behalf of the NDP caucus and New Democrats across the country, and indeed all Newfoundlanders and Labradoreans and Nova Scotians on Bill C-5.
Bill C-5 is about 260 pages long. It has some very useful information and some important policy directions in terms of occupational health and safety and is a very important first step. However, in all 260 pages, and we will find New Democrats speaking about this regularly today as we engage in the debate, we will not find three words that are extremely important for Newfoundlanders, Labradoreans, Nova Scotians, and, I think, all Canadians. Those three words are “independent safety regulator”.
Despite the fact that we have been able to drag the government, kicking and screaming, to take action on occupational health and safety in the offshore, we still find resistance from the government to Justice Wells' recommendation number 29 in the Wells inquiry document and to recommendations that have come from throughout Atlantic Canada, particularly from Newfoundland and Labrador and Nova Scotia, to put in place an independent safety regulator for the offshore. We do not really understand where that resistance comes from or why.
Despite the fact that we will be supporting the bill and despite the fact that there are some good elements contained within it, the fact that the independent safety regulator has not yet been put into place by the government is an appalling weakness and shows real disrespect to the offshore workers.
I will start today by saying that I think all of us in the House of Commons owe a real debt to the Newfoundland and Labrador Federation of Labour, the Nova Scotia Federation of Labour, the NDP government in Nova Scotia under Darrell Dexter, and the Newfoundland and Labrador government, because those governments and those federations of labour were instrumental in putting the bill forward.
After a series of tragedies in the offshore area, basically about 14 years ago, there was a real call and push to put in place occupational health and safety standards in the offshore. That ball was dropped by the former Liberal government. When the Conservatives came in, they did make commitments that they would address this persistent problem that could lead to the deaths of offshore workers and that has in fact led to the deaths of offshore workers. The Conservatives said that they would put measures in place.
Tragically, it took the combined weight of those two federations of labour I cited, as well as the Newfoundland and Labrador government and the NDP government in Nova Scotia, to actually push the Conservative government to finally introduce this important legislation.
This is no small thing. Even though we are talking about offshore workers, who are perhaps a small proportion of the overall Canadian economy, the reality is that offshore workers have been hit by a series of tragedies and deaths, ranging from the Ocean Ranger in the l980s through deaths in the 1990s to the most recent and tragic deaths, the 17 Canadians who were killed in the Cougar crash in 2009.
That tragedy was a wake-up call for many Canadians. It told us that work had to be done, and the Nova Scotia government, the federations of labour, and the Newfoundland and Labrador government were able to push the government to finally put into place what is simply a matter of good sense and a matter of common decency: occupational health and safety standards.
We have also had very strong advocates in the House of Commons. I would like to pay particular tribute to the member for St. John's East, who has done a remarkable job of raising these issues. He has been phenomenally eloquent. He is normally a very eloquent gentleman, but he has been even more eloquent on this issue and has spoken up for the offshore workers in Newfoundland and Labrador and in Nova Scotia. I say to the member for St. John's East—through you, Mr. Speaker—that he has done a phenomenal job and really deserves the thanks of Canadians across the country.
I am citing the work of the member for St. John's East, the work of the member for Dartmouth—Cole Harbour, the provincial governments of Nova Scotia and of Newfoundland and Labrador, and those two federations of labour that I mentioned earlier because the government has shown no leadership whatsoever when it comes to offshore safety.
Coming from British Columbia, I can cite three facts that are appallingly bad examples of poor judgment on behalf of the government since it has come to power.
In British Columbia, on the other side of the country, we have seen first-hand how irresponsible this government has been. That is why the introduction of this bill, which takes some significant steps, although it does not go all the way to the independent safety regulator, is an important contrast to what the government's trend has been, generally speaking.
Last year in British Columbia, after a phenomenal public outcry from British Columbians, the City of Vancouver, and a whole range of municipalities throughout the lower mainland, we saw that the government was not listening to their call to keep in place the Kitsilano Coast Guard station.
This is the Coast Guard station in Kitsilano, in Vancouver, B.C. It has actually saved lives over the entire period of its existence. The government, for reasons it has still not explained adequately in any way, decided it was just going to shut down the Coast Guard station.
That could mean that next summer we could tragically, but hopefully not, be looking at the deaths of British Columbians as a result of what was a very foolish, foolhardy, and reckless decision.
Everyone in British Columbia spoke out against it except Conservative MPs. Everyone in British Columbia, from those involved in the health sector to those involved in the boating sector, as well as municipalities and elected officials at the provincial level, said that closing that Coast Guard station was going to put lives in jeopardy, but the government did it just the same. It was inconceivable to me that it would be that reckless and foolhardy with public safety, yet it has been.
The government then moved on, after closing that down, to close down the marine traffic control centre in Vancouver. This facility is an important component of safety as well. We have seen similar closures in other parts of the country, both in the Coast Guard and in marine traffic control, in places like Quebec City. These are foolhardy, reckless, foolish decisions that put public safety at risk, yet the government has done it. It has closed the marine traffic control centre.
Closing off a series of appallingly foolish decisions on behalf of the government was the closure of the emergency oil spill centre. This is a government that does not want to listen to the public in British Columbia on the northern gateway project. It wants to ram the project through despite the fact that public opinion in British Columbia is about 80% opposed. It jeopardizes thousands of jobs, while at the same time it would create just 104 full-time jobs when it is actually built. It is absolutely foolish.
What was the government's response to the increased concerns about oil tankers on the coast and the government's inability to put in place a public safety regime? It closed the emergency oil spill response centre. That is unbelievable. It closed down the emergency oil spill response centre, and now there is a 1-800 number in Ottawa. If there is an oil spill, British Columbians can phone some 1-800 number in Ottawa. Maybe there will be somebody to answer, or maybe they will have to leave a message.
The contempt that the government has shown for the people of any coast, whether we are talking about the Arctic coast, the Atlantic coast, or the Pacific coast, is very palpable.
The Minister of Natural Resources, in an attempt to try to save face after a series of foolish, reckless, and irresponsible actions, held a press conference to say that the government was going to protect the coast. We can all recall the safety vessel that the government convoked for this press conference actually ran aground before the press conference was held.
It shows both the Conservatives' incompetence and a degree of irresponsibility. At the same time, it shows their reckless disregard for facts in their attempt to try to provoke spin, rather than put in place a regime that actually guarantees the environmental safety of the coast and public safety.
When we talk about Bill C-5 being an exception to a generalized rule, whether we are talking about Quebec City or the Atlantic coast or the reckless disregard for British Columbians on the Pacific coast, we can see on all coasts a similar attempt by the government to shut down institutions that should be there for the public safety. We have one bill that does show improvement. This is why I say that the exception proves the rule. Bill C-5, despite the fact that it does not put in place an independent safety regulator, is the only exception to what has been a litany of irresponsible, foolish, foolhardy, and reckless decisions by the government.
We are not just talking about marine safety. When we look at the number of pipeline spills, we see it has tripled under the Conservative government. When we look at the Transportation Safety Board of Canada's statistics, we see the number of leaks and spills under this government has substantially increased because it simply does not take public safety seriously.
When we look at rail safety, the tragedies and the number of fatalities increasing each and every year under the Conservative government, we can see that what we have is a toxic mix of a government that is reckless and foolhardy with public safety and the environment. It just does not seem to care about Canada, Canada's environment, or Canadians.
This brings us back to that singular exception, Bill C-5. It is the one thing the Conservatives can point to that they have put forward, thanks to public pressure from the federations of labour, from the governments in Newfoundland and Labrador and Nova Scotia, and from good NDP MPs.
However, it lacks the independent safety regulator that I mentioned earlier. How important is that? Let us hear from Justice Wells, who conducted the inquiry into the tragedy of the Cougar crash in 2009, when there were 17 deaths and only one survivor. That means there were 17 families in mourning, families that lost their breadwinner forever. We can imagine the intense mourning over these types of deaths, which do not need to happen.
One might say that 17 deaths are only part of the 1,000 workers who will lose their jobs this year, but our point is that we need to bring down the death rate across the country. We need to expand occupational health and safety. We need the federal government to show leadership in this regard.
What we have heard from Justice Wells and from key people in Atlantic Canada is that an independent safety regulator will be a key component in bringing down those deaths and reducing the number of families in mourning and that have to live with the indescribable tragedy of losing a loved one in the workplace, whether it is offshore or in any other workplace.
The Hon. Robert Wells in the 2010 Offshore Helicopter Safety Inquiry said:
I believe that the recommendation which follows this explanatory note will be the most important in this entire Report....I believe that 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....I believe the safety regulator should be powerful, independent, knowledgeable, and equipped with expert advice, hence my following recommendations...It is recommended that a new, independent, and standalone Safety Regulator be established to regulate safety in the...offshore.
That is clear. It could not be more clear. However, it is not only Justice Wells' voice that has been so eloquent in this regard. The Minister of Natural Resources in Newfoundland and Labrador said that while discussions had been ongoing with the federal government on the implementation of this recommendation 29 to establish an independent safety regulator, the federal government had not indicated any interest in establishing this separate safety agency.
Lana Payne, the president of the of the Newfoundland and Labrador Federation of Labour, said:
It's a positive step forward for health and safety for workers in the offshore, but it's not an independent safety agency, and that's ultimately what we do need for the offshore, and we'll be continuing to push and advocate for that.
The inquiry of Justice Wells is very clear. Workers are very clear. The governments in Atlantic Canada are very clear. The independent safety regulator is a best practice that other governments have put into place.
The member for St. John's East mentioned this in his speech a few weeks ago, when he talked about Norway, Australia, and the United Kingdom putting in place independent safety regulators. The workers deserve no less.
The steps listed in Bill C-5 would be initial steps, but without the independent safety regulator, which Justice Wells called his most important recommendation, the government is not putting into place the safety regime that workers deserve and that workers' families need to protect the offshore workers and to protect their families so that we do not see the tragedies we saw with the Cougar crash in 2009 or the tragedies we saw with the Ocean Ranger and with other deaths offshore.
Today in Canada, four workers will die at work. Four workers will go to work in the morning, either offshore for a few weeks or somewhere else in Canada, and four of them will pass away.
Tragically, the numbers since the Conservatives have come to power have increased. The average over the last 20 years was 900 deaths a year, which is an appalling level.
However, under the Conservatives, more recently, we have seen over 1,000 workers die every year. That is a substantial increase in the number of families mourning, a substantial increase in the number of workers' families that have lost a loved one and have been left with that indescribable sadness that never goes away. When a family, sons and daughters, lose a father or a mother, that loss never goes away. That tragedy is never something from which they can come back. When a husband loses a wife or a wife loses a husband, when they got married until death do they part, there is an undesirable level of sadness and tragedy.
Yet under the current government, we see a steady increase in the number of workers' deaths. It is simply because this government shows no leadership when it comes to putting in place the kinds of practices that will lower the number of workers who die in these needless tragedies.
The federal government should be showing that kind of leadership. The federal government should be taking Bill C-5 and saying, yes, that it is going to put into place, according to what Justice Wells has recommended and according to what Norway, Australia, and the United Kingdom have done, an independent safety regulator. Workers on the offshore deserve no less.
Then beyond that we offer to work with the government to ensure we start to lower the tragic death rate that we have seen with workers across the country. We will continue to make this offer. Even though the current government seems not inclined to take workers' safety and occupational health and safety seriously, we will continue to offer that help.
However, the tragedies seem to be increasing. Very many people are saying, and with reason, that we need a new government, a government that would put workers' safety and occupational health and safety first, a government that would show that leadership nationally, working with the provinces, to dramatically lower the death rate.
One worker's death is too many. A thousand workers' deaths a year are far too many. We have to stop the tragedies. We have to show leadership. That is why we will continue to press in the House of Commons for real leadership, for independent safety regulators, and for addressing the tragedies that happen each and every day.
Four workers today will lose their lives. That is four too many.
Let us all work together so one day we can stand in the House and say that no workers lost their lives this day, this week, this month, and that Canada is succeeding in putting in place that occupational health and safety regime that all workers in Canada deserve.
Jack Harris NDP St. John's East, NL
Mr. Speaker, the member's speech on safety, particularly in our offshore and in industry throughout Canada, was very passionate. I thank him for his kind remarks concerning my involvement in this.
I note the member talked about the recommendation of Mr. Justice Wells to have an independent safety regulator, what he called his “most important recommendation”. It was supported by the federations of labour in Newfoundland and Labrador and in Nova Scotia and the Government of Newfoundland and Labrador most strongly, but it is not implemented here.
I would point out another problem that we have discovered since the legislation has been tabled, which is the so-called “budget implementation act”, Bill C-4. I do not know what this has to do with budget implementation.
This bill is designed to give stronger powers to health and safety officers named in the act, with amendments to such in section 144 of the Canada Labour Code to give certain powers and immunities to health and safety officers. However, it is contradicted by Bill C-4, which also amends section 144, but, in fact, it takes the words “health and safety officers” entirely out of the Canada Labour Code and gives all of their powers to the minister or his delegates.
I am wondering about two things.
I know this is a technical point, but what does that say about the current government's approach to legislation when this bill, which is very much the same as Bill C-61 in the last Parliament and has been around a long time, can be thwarted by a budget implementation bill, one of these omnibus bills that would amend the Canada Labour Code and dozens of other acts? What does it say about the Conservative government's handling of these important matters?
Peter Julian NDP Burnaby—New Westminster, BC
Mr. Speaker, I thank the member for St. John's East for his ongoing work in promoting occupational health and safety for offshore workers. He has been a very strong and eloquent voice in the House of Commons about this.
The member is not raising a technical point, but a very important fundamental point. Indeed, workers across the country are now concerned about the impact of the budget bill.
One might ask why the government would put forward Bill C-5 to establish occupational health and safety, but then in the budget bill take away the health and safety officers who are part of the provisions of Bill C-5 and give those powers to the minister. That makes no sense. However, much of what the Conservative government does makes no sense whatsoever.
The Conservatives like to talk a good line about health and safety, but we have seen a number of tragedies in rail safety, pipeline safety, and grain safety increasing because the government is so foolhardy, reckless, and irresponsible.
The Conservatives say that they are against crime, but then they cut crime prevention programs. They say that they are for our police officers and firefighters, yet they refuse to put in place the public safety officer compensation fund that would compensate the families of police officers and firefighters when they pass away in the line of duty. This compensation fund was approved by Parliament.
Everything the government does seems to be clumsily implemented. The Conservatives just do not seem to understand the importance of getting it right in government, and we have seen this.
The member for St. John's East raised this point. We have seen bill after bill botched in the first attempts, which then have to be corrected later on.
This is not a small technical issue. The Conservatives have to come clean and explain why they are trying to cut Bill C-5 at the same time they are presenting it in the House of Commons. I hope somebody from the government will actually understand and explain these discrepancies and contradictions over the course of the debate this afternoon.
Murray Rankin NDP Victoria, BC
Mr. Speaker, I would like to thank my colleague, the hon. member for Burnaby—New Westminster, for his very passionate speech today on this important topic.
Could the member explain or perhaps speculate as to why the Conservatives would reject the need for an independent regulator?
I have a done a little research, and the British in 1992 created the Offshore Safety Act after the 1972 report of Mr. Cullen. In that act, one of the key aspects was an independent regulator. I then looked at Norway and found that the Norwegians have created what they call the Norwegian petroleum safety authority, another independent regulatory body. Last, our fellow federation commonwealth member, Australia, created what is called the national offshore petroleum safety authority.
All three of these countries have seen it absolutely essential to create such an independent regulatory body. Why is it that the current government, also in a federation like the Australians, could not see fit to create such a key element of this reform initiative?
Peter Julian NDP Burnaby—New Westminster, BC
Mr. Speaker, the member for Victoria is a new member, elected less than a year ago, but is doing an outstanding job protecting the coast and standing up for the safety of British Columbians. On all those issues I mentioned earlier about the foolhardy, reckless, and irresponsible approach on public safety of the current Conservative government, the member for Victoria has stood up in the House and has been fighting those mean-spirited attacks on British Columbia. I thank him for his work.
What the member has just raised makes no sense at all. The government is refusing to implement an independent safety regulator when other governments that seem to be a lot more responsible than the current Conservative government, whether we are talking about Norway, Australia, or the United Kingdom, have already put an independent safety regulator into place. That does not make any sense at all.
Here is something else that does not make any sense. In a speech from the member for St. John's East just a couple of weeks ago in the House of Commons, he talked about the Transportation Safety Board's recommendation following the Cougar crash. The Cougar helicopter was supposed to be able to run dry even if there was no gearbox lubricant for about half an hour. The pilots were unaware that there was an exemption given to the company and that the helicopter was unable to run dry for 30 minutes. After 10 minutes the helicopter crashed and killed 17 of the 18 people on board.
In February 2011, the Transportation Safety Board recommended that all class A helicopters be required to have that 30-minute run-dry capability, and asked Transport Canada to enforce that ruling. Therefore, we have the Transportation Safety Board recommending to Transport Canada to enforce the run-dry capability for gearbox lubricant to be half an hour, and that it is critical for safety to preserve workers' lives in the future. Transport Canada has not accepted that recommendation.
This is the government saying no to common sense, no to decency, and no to workers' safety. I do not think that workers or the people here are the only ones to hope that the current government will be gone as soon as possible, and that in 2015 we get a new government that takes safety seriously.
Matthew Kellway NDP Beaches—East York, ON
Mr. Speaker, it occurs to me, in listening to my colleague, that it is not just the current government that has not taken public safety seriously. The legislative gap the bill would address emerged 21 years ago in 1992. Negotiations to fill that gap began, as I understand it, in 2001. Therefore, there was a previous government too, a Liberal government from 1993 through to 2006, that seemed to have the same attitude to public safety as the current government does.
Perhaps my colleague could address the issue of our responsibility here in the House to the health and safety of Canadian citizens.
Peter Julian NDP Burnaby—New Westminster, BC
Mr. Speaker, the member for Beaches—East York is also extremely eloquent on these safety issues. He is absolutely right that the Liberal government was just as bad as the Conservatives. The Conservatives, at least, offered this one bill. They have contradicted it and are presenting other legislation that may eliminate the benefits of Bill C-5, but that is one bill more than the Liberals were able to produce in their years in power. It is a reckless disregard for occupational health and safety. It is a reckless disregard for workers' families.
It is an elitist attitude that somehow the increasing number of workers' deaths does not matter, that it is something that government should not be concerned about. New Democrats take a different view. Workers' safety is essential and every Canadian family, when they send their workers off in the morning to go to work, has the right to expect that at the end of the day those workers are going to come home safely. The NDP caucus is going to continue to fight for that, that all workers' families can expect workers to go to work and come home safely every day of the year.
Matthew Dubé NDP Chambly—Borduas, QC
Mr. Speaker, I would like to begin by saying that I will be sharing my time with the hon. member for Beaches—East York.
It is not easy to take the floor after such a passionate speech. However, this is an issue that affects us all. Although Bill C-5 is especially important to the Atlantic provinces, we all have a role to play in the overall issue of workers' safety. We definitely need to do more to improve working conditions.
As my colleague said, it is unfortunate that other than this bill—and not to mention the fact that Bill C-4 is undoing some of the work of Bill C-5—the government is not listening to these concerns. I could list numerous examples to demonstrate why I am saying that.
The most important aspect for me is my own riding. When I am replying to people's letters or attending events, I often hear people saying that they get the impression that businesses in our communities are increasingly being given carte blanche. The example that comes to mind in the rail industry is this summer's tragedy in Lac-Mégantic. It is just one example of how deregulation can affect the public. I believe it is relevant because the issue of workers' safety is part of that domino effect.
The federal government is failing to provide leadership when it gives carte blanche to the oil and rail industries. Consequently, those industries will abandon their employees, the workers.
With that in mind, as legislators, it falls to us to ensure that regulations allow people to work in the safest environment possible. Will we ever ensure that 100% of people are protected and that there will be no workplace accidents? Of course not. There is always a potential for risk.
Still, that argument is not enough to convince us, as legislators, to abdicate our responsibilities. That is why we can be proud of the work done by various levels of government with respect to Bill C-5. This excellent example also proves to the government that it is a good idea to sit down with provincial governments from time to time to get results like the one before us today.
That being said, despite the good work that seems to have gone into this bill, it is important to note that there are still some shortcomings. The most significant of these is the absence of the well-known recommendation 29 from the Wells report, a recommendation that speaks to a situation that arises frequently with this government.
This recommendation sought to create an independent organization responsible for workplace safety. Every time anyone recommends setting up an independent organization to evaluate safety or anything else, the government seems to get nervous. We know how it treated the parliamentary budget officer, an independent officer of Parliament who had a job to do in Canadians' best interest. There are other examples too. I remember a bill on military police introduced about a year ago.
Even in that case, the government was not ready to include an independent ombudsman in the bill, a person who would have the power to conduct independent evaluations on behalf of the people. After all, as politicians, we are not always in a good position. Even within these institutions, and particularly within a company, people are not always equipped to make decisions that are not influenced by their own biases. That is why it is important to pay attention to this recommendation.
We would sure like to ask the government member why our recommendation was not included in the bill. Unfortunately, I do not think that we will get an answer unless a Conservative member finally decides to participate in the debate. Since returning to the House and since the Speech from the Throne marked the end of prorogation a few weeks ago, we have heard very little or nothing at all from government members about quite a few bills, including this one.
When the time comes to do our job as MPs, deal with such issues and speak to the shortcomings of a bill, even if we support it, we are unable to ask questions and to have a healthy debate. In the end, we are forced to point out flaws of a bill to government members who, in this case, remain silent.
The bill is at second reading stage. However, when we are in committee, I hope that we will hear more from government members and the parliamentary secretary who are on the committee. Our concerns might finally be addressed. Even though this is a step in the right direction, we would like to know why the government did not choose to follow through and implement all the recommendations in order to have a much tougher bill with respect to workers' rights.
When it comes to the rights, health and safety of workers, we cannot take half measures. However, we will not reject this half measure, as it does represent a step in the right direction. Nevertheless, the NDP believes that we must implement all of the recommendations. We firmly believe in this philosophy, and we will put it in place when we form the government. If a recommendation is found to be lacking, we will at least rise in the House, out of respect for workers, and explain the government's viewpoint, or why some recommendations were set aside.
In conclusion, I would like to use my last two minutes to expand on a point that I made in my speech. This issue primarily affects my colleagues from the Atlantic provinces, but when it comes to the people of Chambly—Borduas, legislators have the mandate to protect not just oil company workers but also the people who work for any of the big businesses that we welcome into our community. That is my first concern about this bill.
These companies have a business to run and it is good for the economy to welcome them into our communities. However, in my opinion, as the MP for Chambly—Borduas, if these companies are going to set up shop in our communities, they must be good corporate citizens and respect the legislators' intent to implement regulations so that they understand that our constituents are the ones working for them and who make it possible for them to do their job and make a profit. It is a symbiotic relationship, a two-way street. In that respect, I do not think that we are asking for much.
We hope that they will agree to this type of proposal and that they will play an active role in it. We often hear what labour federations have to say on this subject, but it is important that the companies play an active role in the health and safety of their workers, who are the Canadians that I have the honour of representing.
It is extremely important.
I am now prepared to take questions from my colleagues.
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Speaker, Bill C-5 is called the offshore safety act. It amends the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. Both of these accords require a serious overhaul in relation to their promotion of offshore petroleum development. I do not know whether the official opposition has had a chance to get a legal analysis of this.
Overall I am supportive of the bill, but the part that troubles me is that it seems to be creating new duties on employees. According to proposed section 205.026, “Every employee at a workplace...shall take all reasonable measures to protect their own health and safety....” That is certainly appropriate, but does it create a legal hurdle to an eventual court case? For instance, if we were to have a tragic replay of a helicopter crash, which I hope we never will, would the employees' conduct and execution of due diligence in protecting their own health stand as an obstacle to their pursuing a remedy?
Matthew Dubé NDP Chambly—Borduas, QC
Madam Speaker, I would like to thank my colleague for her question. In these situations, we are really thinking about workers' compensation.
I am not a lawyer—that may be an answer we often hear in the House—but I know that we have conducted an analysis and that we have considered that question. For example, the hon. member for St. John's East has done a lot of work on this file.
When a bill seeks to make things easier for workers, the main thing is that they be given better tools. The legal processes that are in place will perhaps pose certain challenges, but once again, our priority is the health and safety of workers. In this regard, we are comfortable with the content of this bill, as long as the shortcomings that I mentioned in my speech and those that will certainly be raised in committee are taken into account. For now, this bill is a step in the right direction.
Élaine Michaud NDP Portneuf—Jacques-Cartier, QC
Madam Speaker, I want to thank and congratulate my colleague for his excellent speech.
Bill C-5 is an example of the positive things that can happen when the federal government decides to work with the provincial governments. We do not see that enough from the Conservative government.
I would like to hear my colleague from Chambly—Borduas talk a bit more about what the Conservatives could learn from the kind of co-operation they were capable of with the New Democratic Government of Nova Scotia and the Government of Newfoundland and Labrador.