Bill C-469 (Historical)

An Act to amend the Canadian Environmental Protection Act, 1999 (use of phosphorus)

This enactment amends the Canadian Environmental Protection Act, 1999 to prohibit the use or sale in Canada and the import of dishwasher detergents and laundry detergents that contain phosphorus.

Canadian Environmental Protection Act

[Thomas Mulcair, NDP, Outremont, QC]

Mr. Speaker, I had an opportunity earlier, in a previous question, to congratulate my colleague from Berthier—Maskinongé on his initiative, and I would like to begin by reiterating my congratulations.

The bill is C-469, An Act to amend the Canadian Environmental Protection Act, 1999 (use of phosphorus).

From the question I put to my colleague earlier, it will be clear that we in the NDP are persuaded that any attempt to end the plague of blue-green algae—my colleague called it a “wave”, and it is indeed a wave of blue-green algae, but more importantly it is a plague—that does not include a strong agricultural component is destined to fail. Even though we agree on the effort being made here, in terms of prohibiting the use of phosphates in dishwasher detergent, we believe that the federal government can do more, particularly when we see the very large amounts of money we have available right now.

We have calculated the cost of providing proper compensation for farmers in Quebec, where there is a 10-metre riparian buffer strip. On average, we could pay $1,500 per hectare per year as compensation for that buffer strip. There are 7,000 kilometres of buffer strips, and it would be of little consequence if that were increased to 10,000 kilometres—because human nature being what it is, I imagine that as soon as compensation is offered, more will be discovered. A strip one kilometre long by 10 metres wide is exactly equal to one hectare. At $1,500 per hectare, the 10,000 hectares in question in Quebec would cost $15 million. It was calculated that it would cost $50 million altogether to provide genuine protection for all of the navigable and floatable watercourses in Canada. And this is a federal responsibility; Fisheries and Oceans Canada is already working on it.

We are not saying that the federal government will dictate any conditions. Nothing would be imposed; rather, it would be a matter of working together with the provinces and reaching agreements. I am persuaded that if our common goal is to achieve a result, we will be able to find ways of doing it.

We already have experience in this: the Bloc Québécois insisted on voting against an NDP bill whose intent was to make pesticide rules throughout Canada as stringent as the rules that already exist in Quebec. Do we think that a pesticide that makes its way into the Great Lakes-St. Lawrence River Basin, but originated in Ontario, could not have negative consequences for the health of people in Quebec?

This demonstrates that we have to take a comprehensive view when we are dealing with environmental issues. When we talk about sustainable development, we have to take the environmental, economic and social aspects into account. We also have to understand that political borders mean very little.

When I was the Quebec Minister of the Environment, I remember spending two days in the United States with Manitoba Premier Gary Doer, to meet American officials. At the time, the governor of the state of North Dakota wanted to divert the water from Devils Lake to the Sheyenne River which, as we know, is a tributary of the Red River, which flows into Lake Winnipeg, a body of water that is already quite polluted by a number of other sources of pollution. Such a measure was out of the question as far as we were concerned. It is interesting to note that U.S. authorities were happily prepared to circumvent the Boundary Waters Treaty, which has been in existence for about a century between the United States and Canada. We managed to find a solution, in cooperation with the Americans.

So, considering that we are able to deal with these issues at the international level, the various levels of government within a country should be able to cooperate and find solutions. Indeed, it is all about finding a solution.

When I became minister in 2003, there was a huge blue-green algae problem in Missisquoi Bay, which is the body of water located at the top of Lake Champlain, on the Quebec side. Also, the river with the same name meanders over a long distance in the United States, before reaching Canada in Missisquoi Bay. It was estimated that 60% of the phosphorus that was creating a major blue-green algae problem was from the United States. Therefore, there would have been no point in introducing a bill that would not have had an international component. And there would have been no point in trying to solve the issue, if we did not deal with the agricultural aspect.

Whenever I talk about this issue, I am always careful to point out that we have no intention of blaming the agricultural industry. I realized something a long time ago, namely that 95% of farm producers already spend huge amounts of money to comply with agricultural standards.

The problem with riparian buffer strips that are only three metres wide is that it is virtually impossible to enforce them very effectively. It is very difficult.

The New Democratic Party thinks that if we followed the example set by Prince Edward Island and extended these strips to ten metres, we would get much better, much more positive results.

Throughout all my work with the Union des producteurs agricoles du Québec, that group has always stated unequivocally that it was not fundamentally opposed to wider buffer strips. Farmers have always told me, though, that this was their land and they wanted to be compensated if they were not going to be allowed to use it. We are actually asking them for something: to provide part of their arable land in the greater public interest.

Lawyers might say that people have no right to be compensated for complying with laws and regulations. This case is unusual, though, because our consciousness has been raised and we are realizing now that some of the things we did in the past with our means of production are having undesirable effects. So if we want to ask producers to refrain from farming within a 30-foot or 35-foot riparian strip, they should be compensated. That is what the NDP is proposing.

My colleague who introduced the bill on the phosphates in dishwasher products sits on the Standing Committee on Environment and Sustainable Development. We, for our part, are studying the possibility of working together with the Department of Agriculture and Agri-Food.

I would like to tell the House a little story. When we were in the Saint-Valérien-de-Milton area last summer to announce our plan, it was very interesting to see important representatives there from both the environmental sector, including Richard Marois of the Montérégie regional environmental council, and the agricultural sector. This was the best possible proof, in my view, of what a good job the NDP is doing. Instead of a divisive plan, we had one that brought the agricultural community and the environmental community together in support of a common cause. That is precisely what needs to be done in environmental issues.

I listened very closely to what my Liberal colleague from Ottawa South had to say and could not make any sense of it at all. I simply could not get over it. This is what he said was the most important, and I will quote it, because stuff like this simply cannot be made up:

“We can't punish the industry”.

What an amazing knee-jerk reaction from someone who once chaired a round table on sustainable development, namely the National Round Table on the Environment and the Economy. He is pitting these two areas one against the other. He said that we cannot punish the industry. The idea here is not to punish the industry but rather to protect the environment.

The member referred to Bill C-464 introduced by his colleague from Lac-Saint-Louis, whom I know well and for whom I have the highest regard. The issue is not whether or not to support the industry. Yet, those were his words.

The hon. member for Lac-Saint-Louis will soon be hosting with people from McGill University an important evening event at which experts will give presentations about water. I want to make sure that someone in the audience asks him a question, quoting word for word what the member for Ottawa Centre just said. It sure is amazing to hear the colleague of a member who will be hosting an event about water protection tell this House that we should support the industry. That is precisely the message contained in his Bill C-464.

Sometimes a choice has to be made between supporting the industry and supporting the environment. The member for Berthier—Maskinongé is on the right track. We will support his bill, but we would like its scope to be expanded. That is why the NDP will continue to work in conjunction with the agricultural community.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, I thank my hon. colleague for introducing this bill, which would address a complicated issue that has a profound impact on the health of Canadians.

I would like to start by saying that I appreciate the objective of Bill C-469 and I will support it so that the House may bring it before a committee. However, a number of things must be examined before this bill can become law and take effect.

I would like to take a few minutes to debate some logical and necessary amendments, which I feel should be included in the bill at committee stage.

Why regulate phosphorus?

It is important to understand why it is necessary to regulate phosphorus. Scientists have known for a long time that phosphorus, a naturally occurring substance, contributes significantly to the growth of blue-green algae, which contains cyanobacteria that is toxic to aquatic life as well as to humans when we drink it. Boiling the affected water does not destroy cyanobacteria, so it is vital that we stop phosphorus pollution at its source.

To give members an idea of the severity of the problem and of how blue-green algae is becoming an increasingly serious threat to the health of our communities, I note simply that last summer a record number of Canadian lakes and rivers were contaminated with this algae. In Quebec alone, 156 were affected and 90 were closed to swimming and boating. That is more than double the number of closures in the summer of 2006.

While the primary cause of blue-green algae is runoff from farm fertilizers and septic systems, together accounting for 98% of the problem, the member for Berthier—Maskinongé is correct that the phosphorus levels in certain kinds of detergents, where it is added as a stain remover and cleanser, are also of significant concern.

However, Bill C-469 goes too far. It calls for a complete ban on phosphorus when regulating the amount of phosphorus in detergents is all we need to do. It does not adequately distinguish between laundry detergents and different types of dishwashing detergent.

Allow me to make four points that will help clarify these issues for the House.

First, Bill C-469 rashly calls for the prohibition of phosphorus in laundry detergents. Phosphorus is added to laundry detergents to help with rinsing ions, such as calcium and magnesium, in hard water so that other components of the soap can properly clean the clothing. However, the member's bill does not consider the fact that for several years now Canada has had regulations limiting the concentration of phosphorus in laundry detergents. The Phosphorus Concentration Regulations, in the Canadian Environmental Protection Act, limit the concentration of phosphorus in laundry detergents to 2.2% by weight. And these regulations are very effective.

For example, they helped drastically reduce the proliferation of blue-green algae in the Great Lakes, while still allowing consumers to use the minimum amount of phosphorus needed to do their laundry. I must also point out that manufacturers have found another ingredient that can help remove ions from hard water. Of these manufacturers, 95% have completely stopped using phosphorus. It is now almost exclusively used for industrial and commercial activities.

Therefore, prohibiting phosphorus in laundry detergents seems pointless and inconsistent with our current regulations.

Second, Bill C-469 refers generally to all dishwashing detergent. In truth, we need be concerned only with automatic dishwashing detergent. Phosphorus is added to automatic dishwashing detergents so it can break up dried or greasy food soils, remove calcium lime film, sanitize dishes and help keep the dishwasher's jets and pipes free from obstruction so the machine can operate using less water and less energy. This is very different from liquid hand-dishwashing detergent, which is surfactant based and does not contain phosphorus. In my view it makes no sense to regulate all dishwashing detergent in general when we need be concerned with only one specific kind.

The problem dates back to when the original phosphorus control regulations were drafted, which was long before automatic dishwashers became a popular household appliance. Accordingly, while the phosphorus concentration of laundry detergents in Canada can be no more than 2.2% by weight, today most major brands of automatic dishwashing detergent have phosphate levels ranging from 3.3% to 8.7%. Some are as high as 20%. As we can see, the challenge is therefore not that these products contain phosphorus; it is that we are not controlling how much they contain.

Fortunately, Canadian industries are well aware of the problem. They are moving to correct it. The Canadian Consumer Specialty Products Association, whose member companies produce 86% of all the household automatic dishwashing detergent in Canada sold in Canada, is leading an industry initiative to limit phosphorus in automatic dishwashing detergent to a maximum of 0.5% by weight, effective July 2010. This would be the toughest standard in the world.

I believe we should support these companies in this initiative. Banning phosphorus outright would seem to unnecessarily and unduly punish an industry that is already adapting to address our concerns.

That is the third problem with Bill C-469. The wording of the bill does not take into account the fact that phosphorous is still an essential ingredient in dishwasher detergent, especially in industrial and commercial settings, where the machines are designed for large volumes of dishes and shorter cycles.

Unlike laundry detergent, the phosphorous in dishwasher detergent disinfects the dishes. Banning it completely could therefore seriously affect the health of Canadians. Experiments have shown that there is no suitable substitute for phosphorous at this time that can provide the level of cleanliness that consumers are looking for. One possible substitute, an alkali metal carbonate salt, has not yet been thoroughly tested and, therefore, the necessary quantities cannot be produced.

My fourth and final point has to do with the fact that, in deciding what Canada should do, the honourable members should have a clear understanding of the measures taken by some other jurisdictions, such as the United States and the European Union.

In the United States, regulating phosphorous is a state issue, not a federal one. In the 1990s, the state of Arizona began to phase out phosphorous. In response, its citizens started driving across the border into neighbouring states to get better automatic dishwashing detergents because those available to them did not work.

As of today, most jurisdictions in the U.S. are working with industry and moving to the standard of 0.5% in household automatic dishwashers by July 2010. Across the Atlantic, only a few countries in the European Union even have regulations on phosphates and none of them have implemented a complete ban. I mention this to underscore that North American industries are already moving to a standard that is equal to or better than standards anywhere else in the world.

I agree with the hon. member for Berthier—Maskinongé. Quite frankly, the government dragged its feet on this file. It only recently announced that it will review the changes to the regulations.

Before Bill C-469 was introduced in the House, my Liberal colleague from Lac-Saint-Louis presented another bill on this topic, namely, Bill C-464. My hon. colleague's bill takes into account the factors I have discussed here today and supports Canadian industries by asking the government to limit the maximum concentration of phosphorous in dishwasher detergent to 0.5%.

In closing, it seems only logical to harmonize regulations across the North American market and that Parliament should seek to implement regulations in line with those of the rest of the international community.

It is my hope that if Bill C-469 is sent to committee it can be amended in a way that reflects the wisdom of Bill C-464.

[Guy André, Bloc, Berthier—Maskinongé, QC]

moved that Bill C-469, An Act to amend the Canadian Environmental Protection Act, 1999 (use of phosphorus), be read the second time and referred to a committee.

Mr. Speaker, I rise with great pride today to introduce for second reading Bill C-469, an act to amend the Canadian Environmental Protection Act, to prohibit the manufacturing, sale or import in Canada of dishwashing or laundry detergents that contain phosphorus.

The Bloc Québécois introduced this bill because many of us, like the hon. member for Shefford, noticed how widespread cyanobacteria, also known as blue-green algae, had become last summer, and how serious a concern this was for the people of Quebec.

We know that blue-green algae pose a public health risk as potential irritants, allergens and toxins.

Besides this public health risk, the proliferation of cyanobacteria has a significant impact on the health and quality of lake water, not to mention the adverse effects on wildlife.

This is not a new issue, but the ongoing proliferation that has been observed over the past few years is a growing concern and calls for concerted action to put an end to this phenomenon.

Things have been getting worse: in Quebec, this phenomenon affected 50 lakes in 2005, 107 in 2006, and nearly 200 in 2007.

In the riding that I have the honour of representing, Berthier—Maskinongé, blue-green algae were found in five lakes and rivers in 2007. This is a major problem in our region and in many others in Quebec.

Quebec is not the only province whose lakes and rivers are deteriorating. Other Canadian provinces are facing this threat too. Blue-green algae have invaded waters in Ontario, Manitoba, Nova Scotia and even Alberta.

Blue-green algae blooms are happening for a reason. It is important to explain what causes these organisms to appear and multiply in our watersheds, our lakes and rivers, and in all of our water sources.

Excessive growth of cyanobacteria is due to an overabundance of nutrients in the environment. Of these nutrients, phosphorus has the greatest impact.

Phosphorus is a naturally occurring nutrient used by algae and aquatic plants, and blue-green algae blooms occur when the amount of phosphorus in a water system exceeds the ability of the system to absorb it. The presence of excess phosphorus is directly linked to human activity. We must therefore act to address this phenomenon.

Human activities that lead to surplus phosphorus in the water system include dumping untreated or inadequately treated water, agricultural activity, fertilizing lawns, using septic systems, recreation and tourism, and deforestation.

We know that dish and laundry detergents are made with phosphates, compounds that contain phosphorus and that, when present in excessive quantities, contribute to the development of blue-green algae and cyanobacteria.

While regulations have been in place for many years to limit phosphorus levels in laundry detergents, that is still not the case for dishwasher detergents and, more importantly, there is not a total ban.

Given this growing issue, it is important to remind this House that it is the Bloc Québécois that took the initiative. Indeed, in the spring of 2007, the Bloc Québécois critic on the environment and member for Rosemont—La Petite-Patrie, whom I want to thank for his excellent work regarding this issue, blamed the Minister of the Environment for not dealing with this issue quickly. My colleague rightly pointed out that Ottawa could simply amend its regulations, without passing legislation, and thus take action quickly to protect our bodies of water.

Since Ottawa is responsible for regulating imported products, we felt that cooperation between Ottawa, Quebec and the provinces was necessary to deal effectively with the issue of blue-green algae.

On June 12, 2007, given the government's lack of concern, and its own desire to fight against the spread of blue-green algae, the Bloc Québécois tabled a motion, that was adopted by the Standing Committee on Environment and Sustainable Development, recommending that the federal government phase out concentrations of phosphorous in dishwasher detergents and laundry detergents.

Like several environmental groups, we condemned the Conservatives' decision to oppose this motion, which proposed a measure that is easily achievable and that would definitely have helped in the fight against the spread of these algae in our bodies of water.

We now know where the Conservatives stand regarding anything related to the environment. Because of this government's failure to do something, I started a petition, in September 2007, to get the federal government to act and amend its bill, so as to eliminate phosphates from dishwasher and laundry detergents.

In October 2007, I tabled in this House a first series of petitions with over 1,200 signatures, and this week I will again present a new series of petitions signed by over 2,000 people, asking the government to act.

I would like to thank the environmental groups, volunteers, not-for-profit organizations and municipalities that collected signatures for this petition. In doing so, they showed that they were determined to take action.

However, this government has refused to shoulder its responsibilities on this issue. That is why we introduced this bill.

Bill C-469 would prohibit phosphates in dishwashing and laundry detergents. Currently, section 117 of the Canadian Environmental Protection Act, 1999, prohibits the manufacture for use or sale in Canada or the import of a cleaning product or water conditioner that contains a prescribed nutrient in a concentration greater than the permissible concentration prescribed for that product.

Bill C-469 adds provisions after section 117 that prohibit certain substances in dishwashing and laundry detergents and stipulate when these prohibitions come into force.

In short, the bill would prohibit the manufacture for use or sale in Canada, the import and the sale of laundry or dishwashing detergents containing phosphates.

The bill would also amend subsection 119(1) to make it comply with the amendments to section 117.

This is a small bill, but it represents an important step that this government and all parliamentarians could take to combat the problem of blue-green algae.

We are calling on the federal government to take action in this area of federal jurisdiction to preserve the quality of our bodies of water. This legislation that we are proposing supports the various measures taken by the Government of Quebec to effectively fight blue-green algae and preserve the quality of our water and our aquatic ecosystems.

Recently, in the fall of 2007, in response to the spread of blue-green algae, Quebec's environment minister consulted with various stakeholders about how to address this wave. In the wake of these consultations, the Government of Quebec announced in December 2007 the adoption of regulations under its program to combat blue-green algae.

Quebec's action plan includes a series of regulatory tools and prevention and awareness mechanisms to help municipalities meet the challenges posed by the spread of blue-green algae. The plan also provides for the adoption of a regulation prohibiting the sale in Quebec of dishwashing detergents containing more than .5% phosphorus by 2010.

The Government of Quebec is addressing this environmental problem by duly exercising its powers under the Canadian Constitution. It is important to realize that the issue of jurisdiction in environmental matters means that, in practice, a policy to address an environmental problem could fall under the jurisdiction of either level of government. In other words, there can be a number of solutions to an environmental problem and therefore a number of jurisdictions involved.

As far as the use of phosphates is concerned, the National Assembly of Quebec has taken action in its jurisdiction. We are calling on the federal government to take its responsibilities and take action in its jurisdiction to protect our lakes and rivers. Since Ottawa is responsible for regulating imports, the federal government must also take action in order to have a real impact on manufacturers and force them to change their practices.

The adoption of such standards by Ottawa, with respect to the manufacture of laundry detergents and dishwasher detergents, would force manufacturers to adapt or be shut out of the Quebec and Canadian market. Since this is a very important market for them, the manufacturers will be much more likely to offer a product in compliance with the new Quebec and Canadian standards.

The Government of Quebec has urged the federal government to change its regulations in order to intensify the commercial impact of banning dishwasher detergents and other detergents that contain phosphates, thereby strengthening and making more effective the legislation that Quebec wants to implement.

The Bloc Québécois is well aware that banning detergent containing phosphates will not be enough to eradicate blue-green algae from our waters. This problem is complex and has been around for a number of years and will not be resolved in the immediate future. Other measures have to be taken by the Government of Quebec. We will be able to put an end to this problem with well-targeted action. We need to see an effort by all levels of government, municipalities, waterfront property owner associations, farmers and the general public. However, the federal government can ban the use of phosphates in detergents and it can do so quickly.

By taking swift action in this matter, the federal government will strengthen the Government of Quebec's action plan. By supporting Bill C-469, the federal government will also establish a clear consensus on the use of phosphorus in detergents.

I am calling on all parliamentarians to vote in favour of this bill.

Environmental Protection Act

[Guy André, Bloc, Berthier—Maskinongé, QC]

moved for leave to introduce a bill entitled An Act to amend the Canadian Environmental Protection Act, 1999 (use of phosphorus).

Mr. Speaker, I am proud to rise today in this House to introduce for first reading a bill entitled An Act to amend the Canadian Environmental Protection Act, 1999 (use of phosphorus). The purpose of this bill is to amend the Canadian Environmental Protection Act to prohibit the use or sale in Canada and the import of dishwasher detergents and laundry detergents that contain phosphorus. It has become necessary to prohibit detergents that contain phosphorus, because in large quantities, phosphorus contributes to the spread of blue algae.

Given the Conservatives' lack of action, the Bloc Québécois decided to introduce this bill, since the problem of blue algae is getting worse. The federal government must take the measures falling under its jurisdiction to protect our bodies of water.

For these reasons, I would invite all the members in this House to vote in favour of this bill.

(Motions deemed adopted, bill read the first time and printed)