Question Period Note: Bill S-5, Strengthening Environmental Protection for A Healthier Canada Act

Bill S-5, Strengthening Environmental Protection for A Healthier Canada Act

• The Canadian Environmental Protection Act, 1999, also known as CEPA, is an important tool to protect Canadians’ health and our environment from pollution.
• Bill S-5 proposes amendments to CEPA for the first time in over two decades in two key areas: recognizing a right to a healthy environment as provided under CEPA, and strengthening the management of chemicals. This is the first time the right to a healthy environment will be recognized in federal law.
• Bill S-5 fulfills my commitment to enact a strengthened CEPA and to recognize a right to a healthy environment in federal law.
• I look forward to continued engagement with colleagues here and in the Senate to ensure that the Bill becomes law as soon as possible and the government has strengthened tools to protect the health of Canadians and their environment.
• Once the Bill is enacted, we will launch implementation initiatives, which include developing and consulting on the implementation framework for the right to a healthy environment under CEPA and the plan of chemical management priorities.

Background on the Canadian Environmental Protection Act, 1999 (CEPA)
• CEPA is the central federal law for protecting the environment and health of Canadians. It provides the Government with a wide range of enabling authorities to identify and manage the environmental and human health impacts from a variety of pollution sources, such as toxic substances and products of biotechnology, vehicles, fuels, hazardous wastes, air and water pollution, and disposals at sea.
• CEPA has been used as the legislative basis for many of the federal government’s environmental and health protection programs, including the Chemicals Management Plan (CMP), the Government’s initiative aimed at reducing the risks posed by chemicals to Canadians and their environment. As a result of these programs, considerable progress has been made towards preventing pollution and protecting human health and the environment.
• CEPA has not been substantially amended since it was first updated and came into force in March 2000, following an extensive review of its predecessor.
Bill S-5, Strenghtening Environmental Protection for a Healthier Canada Act
• Bill S-5 amends the Canadian Environmental Protection Act, 1999 (CEPA). The Bill was introduced in the Senate on February 9, 2022.
• The Bill was initially introduced in the 43rd Parliament as Bill C-28 on April 13, 2021 but it died on the Order Paper when the federal election was called.
• On June 22, 2022 the Senate passed the Bill with amendments to 24 clauses related to six themes: a right to a healthy environment; Indigenous reconciliation; animal testing; various chemicals management issues; Part 6 of the Act (relating to new living organisms); and amendments related to transparency, public participation in decision-making, and accountability/reporting.
• On September 28, 2022 the House of Commons completed first reading of the Bill.
• The House of Commons Standing Committee on Environment and Sustainable Development (ENVI) is currently considering the Bill.
• The changes in Bill S-5 will strengthen protections for Canadians and the environment by:
• Recognizing a right to a healthy environment for every individual in Canada as provided for under CEPA – a first in a federal statute in Canada – providing continued support for strong environmental and health standards now and in the future.
• Assessing real life exposure based on the cumulative effects of a substance in combination with exposure to other substances, and better protecting populations most at risk due to greater susceptibility or potential exposure to harmful substances.
• Implementing a new regime for toxic substances that pose the highest risk. The new regime will prioritize the prohibition of uses and releases of substances toxic under CEPA that meet criteria set out in regulations to be considered of the highest risk.
• Supporting the shift to less harmful chemicals through the establishment of a Watch List of substances capable of meeting the criteria in CEPA to be considered at risk if, for example, there should be an increase in exposure. Amendments would require the Ministers to publish and maintain a list of substances that are capable of becoming toxic.
• Creating a new Plan of Chemicals Management Priorities, with public input, which will set out an integrated plan for the assessment and management of substances as well as supporting activities.
• Amending the Food and Drugs Act (FDA) to provide the ability to develop a regulatory framework under the FDA to assess and manage the environmental risks of new drugs. This would remove the requirement to notify and assess under both FDA and CEPA, providing a more efficient and effective approach to managing the risks of drugs.

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