Question Period Note: STRENGTHENING THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

• The Canadian Environmental Protection Act, 1999 (CEPA) is Canada’s key statute to prevent pollution and protect the environment and human health. The Act has not been substantially amended since 1999.
• On February 9, 2022, the Government introduced in the Senate Bill S-5: Strengthening Environmental Protection for a Healthier Canada Act to amend CEPA to better protect Canadians and their environment.
• Mandate letters issued to both the Minister of Health and the Minister of Environment and Climate Change reaffirm the Government’s commitment to strengthen the Canadian Environmental Protection Act, 1999 and to recognize the right to a healthy environment.

• Our Government is committed to protecting the health and safety of all Canadians.
• By strengthening the Canadian Environmental Protection Act, 1999, the Government will strengthen its ability to protect Canadians and their environment from chemical substances.
• The Government will recognize for the first time in federal law that every individual in Canada has a right to a healthy environment as provided under CEPA, and that the Government has a duty to protect that right when administering the Act.

IF PRESSED ON …
• As the lead for these initiatives, the Minister of Environment and Climate Change will have my full support to strengthen the Canadian Environmental Protection Act, 1999, to protect everyone from chemical substances.

How will Bill S-5 protect Canadians?
• Bill S-5 recognizes the right to a healthy environment for every individual in Canada and it allows the government to better protect Canadians who are more exposed to harmful chemicals or more susceptible to their effects.

Canadian Environmental Protection Act, 1999:
The Canadian Environmental Protection Act, 1999 is Canada’s key statute to prevent pollution and protect the environment and human health. While the Act is mainly under the authority of the Minister of the Environment and Climate Change, the Minister of Health shares responsibility for Parts 5 and 6 of the Act, which requires the Government to assess and manage the risks to Canadians and the environment from substances.

The Minister of Health has authorities under the Act to:
• Conduct research and biomonitoring on the effects of chemicals on human health; and
• Issue health-related environmental objectives, guidelines and codes of practice (e.g., national drinking water quality guidelines and health-based Residential Indoor Air Quality Guidelines).

Mandate Letter Objectives:
Mandate letters issued to the Minister of Health and to the Minister of Environment and Climate Change instructed both Ministers to enact a strengthened CEPA to protect everyone, including people most vulnerable to harm from toxic substances.

Minister Guilbeault was further instructed in his mandate letter to recognize the “right to a healthy environment” in federal law and introduce legislation to require the development of an environmental justice strategy and the examination of the link between race, socio-economic status and exposure to environmental risk.

Further, amendments to CEPA will support the Minister of Health’s commitment to introduce legislation to end animal testing. Bill S-5 would amend CEPA to recognize the need to reduce reliance on animal testing when assessing the risks that chemical substances may pose to human health and other species.

Consultations on supply chain transparency and labelling:
In addition, the Government has indicated that it will be moving forward on the following initiatives related to the labelling of products:
• Consultations, launched on March 4, 2022 and concluding in fall 2022, to enhance supply chain transparency and strengthen mandatory labelling in Canada to address the growing demand for greater information on the chemicals in various products, some of which may have impacts on the health of Canadians, on the environment or both.
• Proposed amendments to the Cosmetic Regulations to better inform consumers of the presence of certain fragrance allergens in cosmetics, which will help them make decisions and protect their health.

KEY FACTS
• CEPA is Canada’s cornerstone federal environmental protection law protecting Canadians and the environment.
• On February 9, 2022, the Government introduced in the Senate Bill S-5: Strengthening Environmental Protection for a Healthier Canada Act, which would modernize the Canadian Environmental Protection Act, 1999 for the first time in over twenty years and make related amendments to the Food and Drugs Act.
• On April 28, 2022, the Senate Committee on Energy, Natural Resources and the Environment began their detailed study of Bill S-5.