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

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, this evening I have the pleasure of being here with you and my colleagues to discuss this bill.

This represents another attempt by this Parliament to change the government's attitude and to have it protect the environment.

For the current government, which we hope will not be in power much longer, the environment is not important and protecting it is not an urgent matter.

We have a completely different view of the situation and we believe we have to do something about it right now. Canadians believe that the environment is currently the most important issue.

Phosphorus is an obvious problem that is just coming to light with recent blooms and because of serious issues, particularly in Quebec and Ontario, but it is not restricted to those particular provinces. There have been other places and other bodies of water where it has caused huge concern. Getting down to the source is what this bill attempts to do.

We had some witness testimony about what these influxes of phosphorus can actually lead to. They start with seemingly harmless sources in dishwasher detergent, laundries and farming fertilizers and end up in our waters, but then, through accumulation, they allow these allow algae blooms to go on. Cyanobacteria are created in these blooms and these can be very harmful to human health.

I will quote Richard Carignan, of the Université de Montréal, who talked about the serious nature of the effects on human health and the ecosystem. Cyanobacteria create:

--toxins that cause skin irritation and symptoms that are like gastroenteritis. Also, they may affect the nervous system. Because of that, health departments are aware of cyanobacteria. In Quebec at least, when they observe toxins in the water, they generally close the body of water to most uses.

That has impacts not just on the environment but on the economy and the quality of life of those who are near that body of water and those impacts can be profound.

There are many solutions to this problem. The government does not have a sense of urgency with regard to putting in place the solutions needed—solutions that citizens want now. The problem has been around for many years. It is nothing new. In last summer's news it may have seemed new but this problem has been around for many years.

We have to figure exactly what the problem is. To focus simply on detergents is not enough, we need to find out what can be done. We have to determine how to manage the land while respecting agriculture and the farmers who live on the land.

I recall that this summer the candidate for Saint-Hyacinthe—Bagot, the current member for Outremont and I announced a comprehensive plan, together with some very important Quebec producers.

This bill is one option and a good start. However, we must address other matters and other aspects of the problem. It is important to do so to find a solution.

As for the NDP plan, the existing buffer zone of three metres—or something like that—is not enough. The need is greater and, in certain cases, three metres are not enough. Our plan proposes a 10-metre buffer. Quebec farmers have expressed considerable enthusiasm about this plan. Thus, it is important for the NDP. The cost of this plan is $50 million for the entire country.

We think it is a good solution. The farming community is making a concerted effort to move this forward, but it is difficult. It is very difficult. Quite frankly, almost all Canadian farmers need help. They need help from this government and all governments in the country.

I would like to read another quotation regarding the issue of chemicals, a very important issue. The same professor from the Université de Montréal also said:

The most recent federal analyses of acid rain progression in Canada indicate that much of the blue green algae that has been flourishing in Quebec over the past three years, including in the Laurentians where there is very little agriculture, is falling, for the most part, literally from the sky.

There is mounting evidence and interest of Canadians from coast to coast to coast on this issue. It is important to realize that we cannot proceed without a federal action plan. The government seems loathe to even consider that as was the case when dealing with our waters.

I can recall this from the very first throne speech. The government talked about having a national water inventory and a national water strategy, an announcement that we hesitantly encouraged and were excited about. I say with some hesitance because the government's promises and commitments and what actually happens is so often misleading.

What happened in this particular instance, and we are now two years away from that time when the government announced its plans, was that we still do not have a national water strategy nor a national inventory.

The reason that this is important for this particular private member's bill is it would deal with not just instances that come up when there is news attention, when the crisis comes, but also to allow Canadians some feeling of certainty that the government has in hand their best interests and a plan that will allow us to go ahead.

Yet, we are still waiting. There is a huge discrepancy, as my dear colleague from Winnipeg pointed out to me earlier, that across the country, when we look at federal and provincial spending patterns, in particular federal in this case, there are enormous discrepancies between bodies of water.

I will take just two for example. There is the very small Lake Simcoe, which has a great deal of real estate interest and tourism interest. It receives almost $16,500 per square kilometre of water in federal funding. Whereas Lake Winnipeg, which I know is near and dear to your heart, Mr. Speaker, receives just $250 per square kilometre.

In this instance, between almost $17,000 and $250, we see the results on the water and in the water quality. That level of stress that is brought to those who depend and survive alongside these bodies of water is justified.

Lake Winnipeg has a $55 million freshwater fishery with obviously enormous economic impacts, probably the largest freshwater fishery in the continent. Yet, the government is without a national strategy and without any kind of national vision. How to deal with water is something that is obviously near and dear to the hearts of many Canadians.

In the absence of that plan, it is a hodge-podge of band-aid solutions trying to make some attempt at actually dealing with the urgency of this serious issue.

A government that actually took this issue seriously, that actually believed that water was at some risk, would bring forward a national strategy to deal with it, at least aquifer inventory, at least an understanding of where the water is, what water is at threat, and what is at risk.

Yet instead, we have a government which even on issues like climate change, when it does conduct the studies which the government has through natural resources, completes the study as to the impacts of climate change on our economies and our communities, and then sits on the study for four months and still has not released it to the Canadian public.

These were taxpayer dollars that the government spent to create this study, to allow us to understand the impacts of our policy choices and our industrial choices, and it refuses to allow this study out into the public realm.

We think this has to stop. If the truth is what the government is afraid of, then clearly its policies are not aligned with a future that Canadians are looking for.

If its policies are aligned and the government is comfortable with the truth, then it should start to release these studies, begin to create a national water strategy that will allow Canadians to deal with phosphorous concentrations in their water and the impacts of climate change.

Canadians will only then feel like the government is actually willing and ready to put ideology aside and put in its place clear thinking based upon science that will allow Canadians to feel that assurance that the peace, order and good governance written into our Constitution is actually being enacted on behalf of the Canadian people by their government.

At this point it is difficult to call this particular representation the Government of Canada because its interests obviously lie not with the interests of Canadians.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am delighted to join the debate today on Bill C-469, which seeks to prohibit the use or sale in Canada and the import of dishwasher detergents and laundry detergents that contain phosphorus.

First, I want to congratulate my colleague from Berthier—Maskinongé, who introduced this bill and who is nothing less than the driving force behind the decisions made by the Standing Committee on the Environment and Sustainable Development. Since June 12, 2007, the committee has called on the federal government to act quickly to amend the Canadian Environmental Protection Act to forbid the sale or importation of products containing phosphates. The member for Berthier—Maskinongé is rendering a service to the residents of his riding who are affected by the problem of cyanobacteria, but the Conservative government does not appear to be aware of this. He is also rendering a great service to all regions of Canada affected by this problem.

Earlier, my NDP colleague spoke of Lake Winnipeg, which is affected by this problem. It is rare that a provincial minister testifies before a parliamentary standing committee. However, the Manitoba Environment Minister came before the standing committee to say that Manitoba supports the Bloc Québécois motion calling for the prohibition of phosphates. I am firmly convinced that she is very happy to see the Bloc Québécois member introducing this bill today. We hope it will receive the support of a majority in Parliament.

This problem is not new but it has grown tremendously in recent years. I will cite three years as references. The first year is 2005. At that time, cyanobacteria were found in 50 lakes in Quebec. The following year, that number doubled. There were 107 lakes affected by cyanobacteria; and two years later, the problem had spread to more than 200 lakes in Quebec. That means that within two years, there was a four-fold increase in the number of lakes affected. We may well imagine that in 2008 the problem is not getting smaller; on the contrary, it is growing. Regions all over Quebec are affected.

I see the Conservatives representing their electors today in the House of Commons. The hon. member for Roberval—Lac-Saint-Jean says he is representing the people of his riding. However, last year we saw alerts in the Pointe-Taillon national park in Lac-Saint-Jean. People were asked to be careful because the lake, lac Saint-Jean , in the Pointe-Taillon area in particular, was affected by the cyanobacteria phenomenon. Today we see the Conservatives voting in parliamentary committee, and in the House of Commons I am sure, against a motion, against the bill introduced by my colleague from Berthier—Maskinongé, when these people need to be defended. That member is not defending the interests of his riding.

We must be vigilant because the phenomenon will spread in the coming weeks. It is not for nothing that the Government of Quebec is organizing an information session on February 28 to alert people and organizations to the fact that this phenomenon will get worse this spring.

My Liberal colleague was right. In the 1970s, the government used the Canadian Environmental Protection Act to regulate laundry products containing phosphates. Those products were not banned, as the Bloc Québécois would like, but limited to containing a minimal amount of phosphates.

Why was that decision made in the 1970s? That decision was made because many homes and cottages had washing machines and people were using products containing phosphates.

In the 1970s, dishwashers were not that common in cottages. An increasing number of baby boomers have acquired second homes that were considered cottages at the time. Those homes are increasingly becoming primary residences. Baby boomers are increasingly living in cottages, which they are converting from summer homes to primary residences equipped with dishwashers that use phosphates and make the cyanobacteria problem even worse. We have to do something about this.

There are some good corporate citizens out there. For example, just two weeks ago the Jean Coutu pharmacies decided to ban the sale of products containing phosphates.

In the meantime, other companies are selling products that contain phosphates, at the expense of public health, environmental protection and property values. When you own a property or purchase a residence on the shoreline of a lake that has been struck by cyanobacteria, clearly that limits your ability to go swimming or do other water sports. All in all, it has a direct impact on the value of properties that people bought some years ago.

The issues addressed by the bill my colleague has introduced are not environmental only. It also addresses health, social and economic issues. Are we the only ones who are considering this kind of measure? The answer is no. Switzerland and Washington state have already adopted regulations of this kind, banning the sale of products containing phosphates. The Bloc Québécois is not alone in considering this kind of measure. Progressive states and countries have already introduced regulations like this, which are now the law of the land. As well, as of early 2008, the European Union will be adopting the same kind of regulations, to ban both laundry detergent and dishwashing detergent containing phosphates.

This bill is a logical next step from the intention that a majority of members of the Standing Committee on Environment and Sustainable Development expressed on June 12, calling for a ban on the sale and importation of these kinds of products.

Earlier, the Liberal member said the Liberals would be proposing amendments. All of a sudden the Liberal Party seems to want to backtrack from the position it stated in committee. I invite the Liberal Party to vote for this bill in principle. I also invite the NDP to support this bill in principle and be realistic when it comes to the amendments they want to make. I have seen the plan presented by the NDP; I have seen that it is proposing to expand buffer strips around lakes from 3 to 10 metres. We must be aware, however, that there are regulations in place in Quebec. Federal legislation must not interfere directly in matters within the jurisdiction of the provinces. We must be careful in that regard. What the NDP says is that the regulations have to be changed. Perhaps, but personally, I have always understood that land planning issues are matters that come within the exclusive jurisdiction of the provinces.

Is the NDP trying to tell us today that it wants to interfere? I think that the consensus today and in the days to come should be that we vote for the bill and for the principle behind my colleague’s bill. We can thus echo the motion from the standing committee and respond to the request by the government of Quebec, which wants to legislate, but wants to see the measure that was introduced on December 5 expanded.

[Bruce Stanton, Conservative, Simcoe North, ON]

Mr. Speaker, first, I have a general reminder. I realize tomorrow is a great day. It is Valentine's Day. Maybe those tuned in watching tonight may not have realized the day has crept up on us rather quickly. There is still time to get out and perhaps get something for their loved ones, an emblem of their admiration for their partners. I hope they can do that.

First, I thank the member for Berthier—Maskinongé. He was the first member in the House who I asked a question of when I spoke in the chamber in April 2006. Therefore, the member certainly brings back good memories of my experience in the House.

Today, it is my pleasure to inform the House of a number of initiatives that our government is undertaking to protect our rivers and lakes and to advise of the recent undertakings concerning the regulation of phosphorus in detergents.

We are all well aware of the concerns around phosphate contamination in surface water and we must realize that Canada's waterways are icons for our country. Our rivers and lakes are synonymous with our history and our heritage. They are vital to our economy. The government recognizes that they are also critical to our and our environment. This is why a suite of actions has been taken by the government to protect the quality and vitality of Canada's waterways.

Phosphorus is commonly used in detergents to soften water, to reduce spotting and rusting and to suspend particulate in the wash water. However, it can also act as a nutrient and, as such, can be a factor contributing to the growth of blue-green algae in our lakes. We can all well recall, last summer in particular, that certain regions of the country experienced those blue-green algae blooms. Those blooms can dominate their aquatic environment and impact on the ability of Canadians to enjoy recreational waterways.

I underline, however, that the sources of phosphorus are numerous. They can come from the land and from waste water, as well as from detergents.

According to Environment Canada's report entitled “Nutrients and Their Impact on the Canadian Environment”, I can inform the House that on the annual phosphorus discharges of approximately 68,000 tonnes, agriculture accounted for 82%, while municipal waste water discharge was 8%, including only 1% for all detergents and cleaners.

With many sources, there is no single or simple solution. As a result, phosphorus and other pollutants to Canada's waterways are being tackled on a multiple of fronts.

I point out that Environment Canada scientists are collaborating with their colleagues at Agriculture and Agri-Food Canada in creating a national agri-environmental standards. When developed, these standards will help to protect the freshwater ecosystems from the negative effects of excessive amounts of phosphorus and other pollutants from agricultural activity.

Likewise, the government is also taking action on other significant sources of phosphates with the proposed regulations on sewage treatment announced by the Minister of the Environment in September 2007. This action will set new standards for 4,600 waste water systems in Canada. We are committed to action to reduce pollutants in waste water.

The government recognizes that these new regulations will imply costs. To offset this burden, the government has set aside $8.1 billion to assist provinces and municipalities to upgrade infrastructure, such as sewage treatment facilities. In addition, the 2007 Speech from the Throne included the government's commitment to help clean up major lakes and oceans.

Just last August, the government renewed the Canada-Ontario agreement to clean up 15 areas of concern in the great lakes. There is also the first nations water management strategy.

These are all examples of the government taking action to contribute to a healthier environment and improve water quality though a wide-range suite of initiatives.

We do not do this alone. We are committed to working with and alongside our provincial and territorial colleagues to meet the challenges we face. There are few resources so fundamentally important to our well-being than water. Through the Canadian Council of Ministers of the Environment, new guidelines for Canadian drinking water quality are being developed.

Today, however, we are talking specifically about banning phosphorous. Phosphorous in detergent is already the subject of regulation. Back in the seventies, phosphorous concentrations in laundry detergents were first regulated after blue and green algae became a problem in the Great Lakes system.

In the seventies, waste water treatment was not what it is today. At that time, dishwashers were not a standard item in most households. In the seventies, laundry detergent was the significant contributor. However, with the intervening years, it is understandable and timely that we revisit phosphorous and its impact on our environment and human health.

The current regulation, to which I just referred, sets the maximum phosphorous limit in laundry detergent to 2.2% by weight. I can give the assurance that good regulation, the kind done by the government, is a considered and consultative process. Good regulation takes technical, economic and social realities into account. With hurried and unrealistic timelines, we risk forcing the industry to introduce other chemical substitutes before it is satisfied of their safety and effectiveness.

Good regulation, the kind the government supports, considers health and the safety of Canadians. A wholesale ban on phosphorous may not be appropriate. For example, detergents used for dishwashers in hospitals call for a different formulation of detergent than we might use in our homes. This is because the machines in hospitals use greater heat, do larger loads and have faster cycles than those of household machines.

Phosphorous currently plays an important role in these specialized detergent uses. This role might be ignored in precipitous decisions, but good regulation will give this due consideration.

In addition to acting to protect the environment and the health of Canadians, good regulation respects trade obligations. As can be appreciated, we have a number of these under NAFTA and the WTO. At present, five American states have moved to limit both laundry and dishwasher detergents to phosphorous concentrations of no more than 0.5%. Other states are also moving in this direction.

Our regulations will serve to protect the environment while at the same time respect our trade obligations.

At home, the provinces of Quebec and Manitoba have proposed provincial controls for phosphorous concentrations in dishwasher detergents. The government will also consult with our colleagues in the provinces and territories so as to support environmental protection across Canada as well as domestic trade.

I note that the European Union has regulations on phosphorous in laundry detergent, but has not yet tackled dishwasher detergent. In this I am pleased to say that Canada is in the vanguard along with several American states.

Our proposed regulations for sewage treatment, for funding of treatment facilities, for collaboration with agriculture and for the many other initiatives the government is doing demonstrate our concrete actions to preserve and protect the quality of our water in Canada.

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

Mr. Speaker, it is my great pleasure to rise today to wrap up the debate on Bill C-469 to amend the Canadian Environmental Protection Act to prohibit the manufacturing, sale or importation of laundry and dish detergents that contain phosphates.

To close the debate, I would like to thank all members of Parliament who spoke in favour of this bill and who are particularly concerned about the environment. I listened to my Conservative colleague. I agree with some of the things he said, but not with others. If he is at all concerned about the environment, I think that the least he should do is vote for this bill so that it can be referred to the committee for further study. This bill deserves that much.

I call on all parliamentarians, including the member for Roberval—Lac-Saint-Jean. We know that Lac-Saint-Jean, for example, has been affected by the blue-green algae problem. We hope that the member will take that into account when it is time to vote, as well as the concerns of environmentalists in the Lac-Saint-Jean region, of course.

As I said when debate commenced on second reading, this bill was tabled because last summer we all saw the problem with phosphates throughout Quebec and all over Canada. We know that detergent products containing phosphates help spread cyanobacteria. We have talked about this. Everyone here in Parliament has heard about the problem with cyanobacteria.

Aside from the measures each of us must take as individuals, the federal government must also take concrete action to solve this problem, following in the steps of the Government of Quebec, which has implemented an action plan for fighting cyanobacteria. Since Ottawa is responsible for regulating imported products, we are—as is the Quebec National Assembly—calling on the federal government to take action through this bill and ban phosphates in detergents.

I have read and listened carefully to members' comments. Of course, we will look at some of the recommendations in committee. That is why it is important for this bill to be referred to committee, so it can be studied by the committee, as I already mentioned. As I was discussing with my colleague from Rosemont—La Petite-Patrie, people deserve to have their say and for this to be studied.

It is important that we take action to preserve our lakes, and that we keep our water clean. We must also work on environmental issues and on all the issues currently affecting our planet. This bill is a start. It does not completely resolve the cyanobacteria problem. That much we know. We also know that there are other problems related to cyanobacteria, but let us start by at least partially resolving it. That is important.

This is why I am asking all parliamentarians today to move forward and vote in favour of this bill, which would partially resolve the issue of blue-green algae and cyanobacteria throughout Quebec and the rest of Canada. I urge anyone who is concerned about the environment and all the issues affecting our planet's future to vote in favour of this bill.

[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]

Accordingly the bill stands referred to the Standing Committee on Environment and Sustainable Development.

(Motion agreed to, bill read the second time and referred to a committee)

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, I think if you were to seek it you would get unanimous consent to see the clock as 7:10 p.m.

[The Acting Speaker, Royal Galipeau]

Is it agreed?

[Some hon. members]

Agreed.