Thank you, Mr. Chairman. Mr. Chairman, in April of this year, the Minister of Safety and Public Services introduced Bill 5, the Mine Health and Safety Act, and after second reading it was referred to the Standing Committee on Legislation for public review.
As Members are aware, the development of this bill has been a controversial issue for some time now. The need for new and effective mine safety legislation that puts the health and safety of mine workers first has long been recognized by all parties.
Between August 29th and September 10, 1994, the committee held public hearings in Yellowknife on several bills, including Bill 5. The committee received presentations on the proposed Mine Health and Safety Act from local representatives of the St. John Ambulance of Canada, the Northwest Territories Chamber of Mines, Nanisivik, Cominco, the Dene Nation, and organized labour representatives from the Northwest Territories Federation of Labour, the Canadian Auto Workers, the United Steelworkers of America and the Northwest Territories Area Council of Steelworkers. In addition to hearing presentations from witnesses, the committee took advantage of the opportunity to tour two mine sites, Royal Oak in Yellowknife and Echo Bay's Lupin Mine, to become more familiar with mining operations on surface and underground.
During the public hearings, there were several issues raised by the witnesses concerning various aspects of the proposed bill. These issues dealt with the statutory responsibilities of owners to communicate with the chief inspector rather than the Minister, the authority of the chief inspector to rule on appeals under the act, the absence of health and safety provisions for staking and other preliminary exploration activities, the right to refuse unsafe work and the establishment of a Mine Occupational Health and Safety Legislation Committee to conduct periodic legislative reviews.
In addition, it was suggested that the process for developing this important legislation include input from labour, management and government in an interactive setting with all parties present. The committee felt, based on the issues raised, that such a process was warranted, and recommended on September 10th that the Minister of Safety and Public Services consider "convening the Mine Occupational Health and Safety Board" established under section 39(1) of the current Mining Safety Act "for the purpose of reviewing Bill 5 in conjunction with the public transcripts of the standing committee's review."
On October 6, 1994, the committee was pleased to receive a report of the board's findings from the Minister, which outlined the issues addressed and proposed several amendments to the bill which were consistent with suggestions made by witnesses during the public review. In effect, there were four main areas of contention that the board examined, three of which have resulted in amendments to the bill.
The bill before you was amended upon recommendation of the Mine Occupational Health and Safety Board and the Standing Committee on Legislation to provide mine owners with direct contact with the Minister, in addition to the chief inspector, in matters respecting notifications and submissions required under the act.
Bill 5 formerly contained a "right to refuse" unsafe work which stated that the employee shall refuse such work. It was pointed out by labour representatives that such a statutory duty to refuse rendered it no longer a right, but made it an obligation. Both the board and the standing committee agreed with this view and the bill has been amended to say that an employee may refuse unsafe work.
On the issue of appeals to the chief inspector where the chief inspector would be required to fulfil administrative, technical and judicial roles, particularly with respect to appeals of orders of his own office or incidents of alleged discrimination, the board felt that establishing other avenues of appeal and adjudication would prove cumbersome. Instead, it was recommended, and the committee agreed, that an internal procedure be developed for appeals and instituted as policy.
During the public hearings it was brought to the committee's attention that Bill 5 only provided for the establishment of a Mine Occupational Health and Safety Legislation Committee by the Minister "from time to time." Labour representatives felt strongly that continued participation and education involving labour, management and government is essential to ensure effective mine health and safety legislation and, therefore, the establishment of this committee should be mandatory, not discretionary. The board agreed with this assessment and recommended further than the bill be amended to reflect the need for the Mine Occupational Health and Safety Legislation Committee to review the legislation within one year after proclamation and every 18 months to two years thereafter. Bill 5 was amended accordingly.
At this point, I would like to point out, on behalf of the Standing Committee on Legislation, that our review of the proposed Mine Health and Safety Act has proved to be a learning experience. It is very rewarding to see all parties come together in the spirit of cooperation to reach a common goal -- ensuring the health and safety of our citizens engaged in the mining industry.
I would like to take this opportunity to thank all the people who appeared before the committee in the interests of improving the mine safety legislation. I would also like to acknowledge the outstanding efforts and dedication of the Minister of Safety and Public Services and his staff. Their cooperation and speedy attention to the numerous requests of the standing committee during the public review process contributed greatly to the timely completion of this report and, ultimately, to the development of a Mine Health and Safety Act our people can live with.
I am pleased to inform you that the committee supports Bill 5 as the successful result of the hard work, careful deliberations and unwavering commitment of all parties. Therefore, on Wednesday, October 19, 1994, the Standing Committee on Legislation passed a motion that Bill 5 was ready for consideration in committee of the whole as amended and reprinted.
Mr. Chairman, that concludes the standing committee's report on Bill 5, the proposed Mine Health and Safety Act.