Bill C-298 (Historical)

Perfluorooctane Sulfonate Virtual Elimination Act

An Act to add perfluorooctane sulfonate (PFOS) and its salts to the Virtual Elimination List under the Canadian Environmental Protection Act, 1999

This enactment requires the Minister of the Environment and the Minister of Health to make, within nine months after the coming into force of this enactment, a regulation to add perfluorooctane sulfonate (PFOS) and its salts to the Virtual Elimination List compiled under subsection 65(2) of the Canadian Environmental Protection Act, 1999.

Perfluorooctane Sulfonate Virtual Elimination Act

[James Lunney, Conservative, Nanaimo—Alberni, BC]

Mr. Speaker, this act involves a chemical and its use in Canada, and the preparation of an enactment to make that chemical unavailable in Canada. I would ask the Chair to challenge the member on the relevance of the Commonwealth Conference, China, and other nations related to climate change, which seem to be unrelated to the matter at hand today.

[The Acting Speaker, Royal Galipeau]

I thank the hon. member for Nanaimo--Alberni for his point of order and I am sure that the hon. member for Davenport will come back to the point in short order.

[Mario Silva, Liberal, Davenport, ON]

Mr. Speaker, I certainly will. In my earlier remarks I talked about when I was the vice-chair of the environment committee. My colleague should be aware that CEPA is a very important regulatory body and that this is not one of the chemicals that needs to go through a CEPA review.

Therefore, there is the relevancy of the environment committee, what we do about the environment, what action the government wants to take on the environment and its failure to show leadership on issues that affect global warming. This is all relevant to the issue of the environment. Bill C-298 is also about that. It is one piece of the larger pie on how to deal with environmental contamination and issues that affect our health.

Bill C-298 is a meaningful step forward. I am honoured to speak in support of the excellent bill introduced by the member for Beaches—East York and I encourage all members to support it as well. We are talking about our environment, our health, our future and that of our country.

[James Lunney, Conservative, Nanaimo—Alberni, BC]

Mr. Speaker, it is a pleasure to enter the debate and to speak to Bill C-298, which is a very important act. Bill C-298 is an enactment that would require the Minister of the Environment and the Minister of Health to make, within nine months after the coming into force, a regulation to add perflurooctane sulfonate, or as the member before mentioned, PFOS, as it is sometimes called to save the tongue a little twisting, and its salts to the virtual elimination list compiled under section 65(2) of the Canadian Environmental Protection Act, 1999. The act may also be cited as the perflurooctane sulfonate virtual elimination act.

I am pleased to say that the government supports the bill.

The government is committed to taking strong action to protect Canadians and our environment from the possible harmful effects of chemical substances. That is why we announced, in December of last year, a new $300 million investment in the Government of Canada's chemicals management plan, a plan that will maintain Canada among the foremost leaders in chemical management internationally, and a plan that was well received both by industry and by the environmental and health groups. We are now implementing it in earnest.

One of the first substances to receive our attention, under the chemical management plan, was perflurooctane sulfonate, or PFOS. There is concern over this substance and what the government is doing about it domestically and with international partners.

When Bill C-298 was introduced last year, the government had not yet announced the chemical management plan or its proposed actions on PFOS. I therefore congratulate the member for Beaches—East York for bringing this issue forward. The bill has an important purpose, to recognize that PFOS is one of those substances that should be virtually eliminated because it can persist for long periods of time in the environment and it can accumulate in food chains. Substances with these characteristics are among the highest priority substances in our chemical management plan.

As PFOS is a high concern substance for which the weight of evidence supports that it is both persistent and bioaccumulative, the government supports the idea that it should be added to the list. However, as Bill C-298 was originally drafted, it would have not only required the addition of PFOS to the virtual elimination list under CEPA, but it would also have required the costly development of an ineffective approach to pursuing the objective of virtual elimination. The government therefore did not support the original wording of the bill.

To understand this more fully, it is important to understand both the requirement that would have been put into place and the principal route of entry of PFOS into the environment.

PFOS was used in formulations of stain and grease repellents that were applied to all kinds of fabrics, carpets, jackets, sofa covers, name it. It was also used to make firefighting foams more effective and to suppress fumes in certain industrial applications. This wide variety of uses meant that PFOS was entering the environment from thousands of very small sources.

However, since it is a commercial substance, intentionally added to things, we have the ability to stop it simply by putting in place a regulation that says we will not manufacture, import, sell or use the substance any more. That is what we have proposed to do under CEPA. We are expecting to finalize that regulation this year.

The bill would have required the government to develop and publish a level of quantification for PFOS. A level of quantification refers to the lowest amount of the substance that can be detected using sensitive but routine chemical analysis methods.

The bill would also have required the development of a regulation concerning the quantity or concentration of the substance that may be released into the environment, either alone or in combination with any other substance, from any source or type of source, a type of regulation sometimes referred to as a release limit regulation.

The problem is in the case of a commercial substance like PFOS, it can be very difficult to define and regulate the sources of release. And, when considered in the context of our proposed regulation to prohibit the substance in Canada, it adds no value. Indeed, by prohibiting the production, import or use of PFOS, we will be acting to eliminate potential sources of its release.

I will also add that requirements to develop limits of quantification or release limit regulations are not specific to this bill. The Canadian Environmental Protection Act contains similar requirements to publish levels of quantification and develop release limit regulations for substances that are put on the virtual elimination list.

The Standing Committee on Environment and Sustainable Development, the same committee that considered this bill, has also just produced its report on the five year review of the Canadian Environmental Protection Act. In that report, the committee specifically identified three requirements as problematic. PFOS is a case in point. Moreover, the committee recommended that the act should recognize that prohibition regulations were an option toward achieving the objective of virtual elimination. We are proposing just that in the case of PFOS.

At committee, the committee therefore proposed several important changes to the bill. We still wanted to put PFOS on the virtual elimination list, but we did not want to create obligations to waste taxpayer money or complicate the regulatory environment with ineffective regulation. Working carefully with the member for Beaches—East York, we developed amendments such that the bill would still require the government to put PFOS on the virtual elimination list, but without the requirement to publish the level of quantification or develop a release limit regulation.

Another important amendment we made was to ensure that the bill would address the same substances the government had identified as priorities through its scientific risk assessment. The risk assessment identified PFOS itself, but also several related compounds, which are salts of PFOS, as toxic, persistent and biocumulative. Bill C-298 therefore was amended to address PFOS and its salts.

Finally, CEPA puts the onus of implementing the virtual elimination on both the Minister of the Environment and the Minister of Health. We therefore proposed an amendment to ensure that both ministers were identified in this case, both for consistency and because in the long run these persistent and biocumulative substances might be of concern to both people and to the environment.

I am pleased to say that the government supports the bill and will be very pleased to see this compound added to the virtual elimination list. It will improve the environment for Canadians and will take this substance virtually out of circulation, out of the bodies of Canadians and out of the environment, which will be good for all of us.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I am pleased to have this opportunity to speak in the debate on private member's Bill C-298, the perfluorooctane sulfonate virtual elimination act that was developed by the member for Beaches—East York. I want to thank her for getting the issue on the agenda.

It is very important that we have looked at this particular chemical that exists in our environment and has, I believe, been misused over the years. It is a very serious issue. I am glad we have made some significant progress on virtually eliminating it or that we will be moving to that shortly.

It was interesting listening to the member for Nanaimo—Alberni who talked about the process that the committee went through in working on this bill, some of the compromises and give and take that was made to this legislation to make it possible to gain support I gather in all corners of the House. Certainly, we in the NDP are supporting this legislation. I think that shows the kind of work that can be done in the House of Commons on legislation.

I wish that we had been able to muster that same kind of non-partisan cross-party effort on the big environmental bills of our day. It would be great if we could bring back the clean air and climate change act that had that same kind of cooperation through committee. Every party was allowed to bring its ideas to the table. The final document, the rewritten bill, reflected the ideas of all political parties in this place. Sadly, the government has refused to put it back on the agenda.

While we are making progress on this very specific chemical, we are missing progress on that very important and large piece of work on climate change that all Canadians recognize as crucial. It is going to be a sad day if we do not make progress in this Parliament on that big issue.

I also want to mention that Bill C-298 is similar in its intent and work to one that we passed last night at third reading, another private member's bill, Bill C-307, from the member for Skeena—Bulkley Valley, the phthalate control act, which also sought to limit the use of a particular chemical that was harmful to our environment and to our health.

I think we have been making progress again on some very specific issues but it is too bad we cannot get the big issue of our day, the climate change issue, back on the agenda of this place and make some real progress there.

With regard to the specific bill before us, it mandates the Minister of the Environment and the Minister of Health to make regulations that would keep the release of PFOS into the environment at a very low level where the substance actually cannot even be accurately measured. That is what it means to be put on the virtual elimination list. It is not being eliminated virtually, but it is going to be removed enough to a point where its presence in the environment is negligible. That is a very important step to take.

It seems that PFOS is one of those substances that seemed like a good idea at the time. It was a very popular substance when it was first introduced. It was used in many fabrics as a stain resistant substance, usually as a stain repellant. It was used in rugs, carpets, upholstery, clothing, food packaging, cleaners and in firefighting foams. It was used in very many places across our society. It was thought to be inert at the beginning.

Few tests were ever completed on the chemical's effects on people and wildlife and on the environment, but recently more testing has been done and it has been shown to have some very serious problems. For instance, animal testing was done. It was shown to be a carcinogen. It did cause certain kinds of cancers and damage to the immune system. That was an important step forward where we realized some of the harm that could be caused by PFOS.

This led, I think in the year 2000, to the Environmental Protection Agency of the United States banning the substance. It said that continued manufacture and use of PFOS represented an unacceptable technology that should be eliminated to protect human health and the environment from potentially severe long term consequences. I know as well that Environment Canada and Health Canada agreed in their own studies and work on PFOS.

We also know that PFOS is bioaccumulative. It does not disappear; it persists in the environment once it is introduced there. That is a very serious consequence of the use of this particular chemical.

Environment Canada and Health Canada stated in the Canada Gazette:

PFOS has been detected throughout the world, including in areas distant from sources, and in virtually all fish and wildlife sampled in the northern hemisphere, including Canadian wildlife in remote sites, far from sources or manufacturing facilities of PFOS and its precursors.

We know that it is a very difficult substance to eliminate now that we have introduced it into our environment. We know that its health effects are very serious as well. It is persistent, it is bioaccumulative and it is toxic, all good reasons why we should be eliminating its use in our society.

This is a very important step to take. I gather from reading the original speeches by the member for Beaches—East York on this that there are proposals to eliminate this substance globally. Sweden has proposed a global ban on PFOS as part of the persistent organic pollutants treaty, which is being discussed. I hope that Canada, given the steps that it seems we are about to take with it, will strongly support Sweden in those efforts because it is an action that needs to be taken.

We need to act quickly on this. Originally it looked as though it could take years for this to take place, even if we took the actions suggested in this legislation. We need to make sure this process is expedited so that PFOS is eliminated as soon as possible and not allowed to continue to do the harm it does to our health and the environment.

This bill points out some of the difficulties with the Canadian Environmental Protection Act and how hard it is to get a harmful substance on the virtual elimination list. We are acting seven years after the Americans acted on this issue, which shows that our mechanisms are much slower, even though our own agencies such as Health Canada and Environment Canada conducted their own studies that showed the importance of taking this step.

I hope this bill will also improve our ability to react on other chemical substances that we should be concerned about for our health and the environment. I hope that this will be part of the review of the Canadian Environmental Protection Act so that we can make sure this weakness in our legislation and in our approach can be cleaned up and improved.

I am hoping that we are taking an important step. It sounds as though we may have unanimity in this place, as we did last night when we voted on final reading of Bill C-307. Everyone in the House agreed to that similar measure going forward.

As I conclude, I would still like to challenge members that even though we are making progress on these very specific chemical compounds, we must also make progress on climate change and greenhouse gas emissions. The best way for us in Parliament to do that would be to bring back the legislation that was worked on in the first session by all political parties, where all the ideas were brought to the table and a new piece of legislation was written. We need to get that back on the agenda of the House of Commons. I would urge the government to do that without delay. If we leave this Parliament without having moved in a significant way on climate change, we will have missed the important opportunity to do something significant for our environment and the citizens of Canada.

[The Acting Speaker, Royal Galipeau]

I am about to recognize the hon. member for Beaches--East York for her right of reply and once she has spoken, that is it.

[Maria Minna, Liberal, Beaches—East York, ON]

Mr. Speaker, I am very pleased to have placed before the House Bill C-298 on the virtual elimination of perfluorooctane sulfonate, PFOS, as we call it. Also I want to thank all members of the House for their support of this bill. It is indeed a good feeling that, hopefully, one of the bad substances will be eliminated.

I concur with the hon. member who spoke earlier that it would be wonderful if the government would bring back the larger bill, the climate change bill, which all parties worked on prior to the prorogation of the House. This would allow us to address the overall problem of climate change in a more aggressive manner together. Members of the House have to work together because otherwise we cannot succeed.

In this particular case the interesting thing to note is that 3M, which is a private corporation, stopped manufacturing this product quite some time ago, having acknowledged a problem with it very early on. Sweden has called for a global ban on PFOS for some time now. As mentioned by other members, the reason is very clear. This is a very toxic chemical. It can cause breast cancer, liver cancer, thyroid cancer. It also affects the immune system and other things.

Because of its harmful effects and the levels currently found in our environment, Environment Canada and Health Canada recommended in October 2004 that the substance be defined as toxic and scheduled for virtual elimination from the environment, but that had not happened. I brought this bill forward because in the intervening time not a great deal had happened.

As I said, not only Sweden but the United States Environmental Protection Agency has called PFOS an unacceptable substance that should be eliminated to protect human health and the environment. Environment Canada agrees. Therefore, there is no reason to delay. Environment Canada has also determined that this chemical is inherently toxic and that it stays in the environment for extremely long periods of time. The tests have been done and the verdict has been in for some time.

This bill has received international attention on the issue of harmful chemicals. It is our hope that PFOS will be added to the Sweden Convention on Prohibited Organic Pollutants. We hope that the government will actually pursue that. It is very important that that happen.

We have worked closely with Canadian environmental groups in drafting this bill. There is a great deal of support for it in the House and elsewhere.

An Environmental Defence Canada report released in June 2006 reported on the testing of five Canadian families, the parents, grandparents and children, for the presence of 68 toxic chemicals. This illustrates the urgency of the situation as there are many others out there. PFOS was found in every participant in the study and the children had higher levels than their parents. Children are more vulnerable to the effects of toxic chemicals because their bodies are growing and developing rapidly. This is extremely troubling.

Bill C-298 protects the health of our families and wildlife and helps to clean up our environment. I am pleased to see that this is one chemical which hopefully will be eliminated.

However, I would also urge the government to bring back the larger bill that all parties had agreed to prior to the summer break and prorogation so that we can actually address in a more aggressive way the whole climate change issue. In the process we could also address more quickly all other chemicals that are still in the system and have not yet been dealt with.

[The Acting Speaker, Royal Galipeau]

The question is on the motion.

Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[The Acting Speaker, Royal Galipeau]

I declare the motion carried.

(Motion agreed to, bill read the third time and passed)

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, I would ask that the House see the clock as 6:30 p.m.

[The Acting Speaker, Royal Galipeau]

Is that agreed?

[Some hon. members]

Agreed.