Bill C-230 (Historical)

National Strategy to Redress Environmental Racism Act

An Act respecting the development of a national strategy to redress environmental racism

This enactment requires the Minister of the Environment, in consultation with representatives of provincial and municipal governments, of Indigenous communities and of other affected communities, to develop a national strategy to promote efforts across Canada to redress the harm caused by environmental racism. It also provides for reporting requirements in relation to the strategy.

[Lenore Zann, Liberal, Cumberland—Colchester, NS]

Thank you very much. I really appreciate that.

Bill C-230 obviously deals with collecting data from across the nation. My question for the departments would be, when it comes to racialized communities and their closeness to various different pollutants, I don't think this has been information that has been focused upon in the past. Has it? Could anybody answer that, please?

[Monique Pauzé, Bloc, Repentigny, QC]

Yes. In essence, it's similar to the question of my colleague Mr. Bittle, who asked whether Bill C-28 could address concerns about Bill C-230. If Bill C-28 is well thought out, it should in principle address discrimination.

[Chris Bittle, Liberal, St. Catharines, ON]

Thank you so much.

I know officials from ECCC briefly discussed it, but yesterday the government introduced legislation to strengthen the Canadian Environmental Protection Act, delivering on an important commitment. I was wondering if you could help the committee understand, or perhaps explain—I know you got cut off at the end—the linkages between Bill C-230 and Bill C-28, and how Bill C-28 could help address issues identified in Bill C-230.

[Lenore Zann, Liberal, Cumberland—Colchester, NS]

Thank you very much. That was unexpected.

I think we have to be careful here. If you take a look around, everybody on screen, including me, is white, and Dr. Waldron is saying there are unconscious biases, and that's why this bill, Bill C-230, is so important. It puts the focus back on the fact that racialized people have been treated differently in the past and we need to make sure that stops.

Also, I think we have to be careful not to say things like, instead of “Black lives matter”, “All lives matter”. This is a specific bill about race and about the fact that some people have been treated as less important than others. That's why we need to change the way things are done. I would like to make that point. I don't think the bureaucrats can answer that, but that's my two cents' worth.

Thanks.

[The Chair, Liberal, Francis Scarpaleggia]

Bill C-230 is indeed a tool to enforce charter rights.

[Monique Pauzé, Bloc, Repentigny, QC]

Thank you.

I'd like to thank everyone here to help us move forward.

My question is for Ms. Farquharson.

There's an “Interpretation” section in Bill C-230.

However, it doesn't provide a definition of the concept of environmental racism. It seems to us that the introduction of a new concept in the act, especially if it stems from a particular theory, deserves a definition. In society and in academia, concepts evolve, but those that are in legislation should always be understandable, known and recognized.

What are the challenges or implications for you of implementing policies resulting from legislative provisions that present concepts that aren't clearly defined?

[Raj Saini, Liberal, Kitchener Centre, ON]

Bill C-230 establishes a vulnerable populations panel to help better understand and address the effects of toxic chemicals. [Technical difficulty—Editor]

[Raj Saini, Liberal, Kitchener Centre, ON]

Thank you very much, Mr. Chair.

I also want to thank the witnesses for attending today and enlightening us on these very important topic under challenging circumstances.

Mr. Morin, I would like to start with you.

Bill C-230 establishes a vulnerable populations panel to help better understand and address the effects of toxic chemicals on vulnerable populations. Will that panel help to address some of the concerns raised in this bill, and do you [Technical difficulty—Editor] that is a step towards ending environmental racism in Canada?

[Laura Farquharson, Director General, Legislative and Regulatory Affairs, Department of the Environment]

Good afternoon. I am Laura Farquharson. I am director general of the legislative and regulatory affairs directorate of the environmental protection branch at Environment and Climate Change Canada.

I'm accompanied by my colleagues from ECCC: Pascal Roberge, director of the program integration division for the national pollutant release inventory at the science and technology branch; and Silke Neve, director of the information and indicators division of the strategic policy branch. As well, David Morin is here from Health Canada. He is the director general of the safe environments directorate at the healthy environments and consumer safety branch.

We are pleased to appear today to participate in your study of Bill C-230.

As you know, this bill requires the Minister of Environment and Climate Change to develop a national strategy to redress the harm caused by environmental racism, in consultation with provincial, territorial and municipal governments and indigenous and other affected communities, persons and bodies.

This bill comes at a time when, as public servants, we are seized with issues around diversity, equity and inclusion and with combatting systemic racism, and when Canadian citizens are becoming increasingly seized as well.

In my remarks, I'll focus on some of the proposed or existing legislative or policy frameworks that, to some extent, address the subject matter of this bill. Then I will turn to David, who will speak about Health Canada's role in protecting the health of Canadians from environmental risks.

You discussed the definition of environmental racism.

While there is no commonly accepted definition of environmental racism, it generally refers to racial discrimination in environmental polices, practices and actions, and includes the way in which minority groups may bear a disproportionate burden of adverse health and environmental impacts from environmental pollution. Think, for instance, of landfills or polluted air.

Existing federal legislation and recent amendments ensure the government seeks to protect the environment and health of all Canadians, including vulnerable populations.

Yesterday, as you know, the government tabled Bill C-28, which aims to strengthen the Canadian Environmental Protection Act, 1999, with a particular focus on recognizing a right to a healthy environment as provided under that act.

If passed, the Minister of Environment and Climate Change and the Minister of Health will be required to develop an implementation framework to set out how a healthy environment will be considered in the administration of the act. Among other things, the implementation framework will elaborate on principles such as environmental justice and non-regression. Interested persons, such as stakeholders and partners, will have an opportunity to participate in the development of the implementation framework.

In addition, the ministers are required to conduct research, studies or monitoring activities to support the government in the protection of a right to a healthy environment. This requirement could, for instance, assist in addressing environmental justice issues. For example, it could include the collection and analysis of data to identify and monitor populations and communities that are particularly vulnerable to environmental and health risks.

Additional amendments proposed in the bill tabled yesterday would recognize in the preamble the importance of considering vulnerable populations and cumulative effects. They would codify a number of new elements, including defining “vulnerable population”; requiring the Minister of Health to conduct biomonitoring surveys, which may include vulnerable populations; ensuring that vulnerable populations and cumulative effects are taken into account when developing and implementing the new plan of chemicals management priorities; and requiring that the ministers consider available information on vulnerable populations and cumulative effects when conducting and interpreting risk assessments.

To turn to another area of work, ECCC has been working closely with Indigenous Services Canada—

[Ya'ara Saks, Liberal, York Centre, ON]

Would Bill C-230 provide us a way to begin to address systemic racism in terms of the environment?

[Ya'ara Saks, Liberal, York Centre, ON]

Okay. I don't want to interrupt you, but I'd like to continue with the questioning.

We are talking about the agency and communities to be able to change our perspectives. The benefit of this bill and the assessment process that is proposed would allow us to look at some of those things.

Do you see Bill C-230 as providing a benefit in addressing systemic racism through this series of assessments on the provincial level and also on the federal level? Our federal government, as part of its throne speech, made a commitment to look at systemic racism. This is an integral part of that, as I said.

I would like to hear from you and also Ms. Zann, depending on my time left. The chair will let me know.

[Ya'ara Saks, Liberal, York Centre, ON]

Thank you, Mr. Chair.

I would like to thank my colleague Ms. Zann for this important bill, which has been brought forward to committee.

Dr. Waldron, I've been reading up on your work. I am pleased to see you here today.

I'd like to pick up on some of the questioning of my colleague Mr. Bachrach to allow Ms. Waldron to unpack it perhaps a bit more. I think this is an important point as to why we're here today discussing Bill C-230.

Could you speak to the manifestations of systemic racism as it affects environmental policy, since we are going to go through a process of unpacking policy?

We have dark episodes in our very own Canadian history that are more easily identifiable, such as the residential school system. Environmental racism truly may be a less direct or less visible issue, and Canadians may not really understand why the matter is so important and why my colleague Ms. Zann felt it was important to bring it to the House and to committee.

How might systemic racism become manifest in our environmental policies?

[Monique Pauzé, Bloc, Repentigny, QC]

Thank you.

You'll understand that because of the Quebec exception, Bill C-230 and Bill C-28 are of less interest to Quebec than to the rest of Canada.

I'll ask you another question. One of the fundamental principles guiding the action of my political party is the defence of Quebec's environmental sovereignty. This isn't just the position of the Bloc Québécois, but also the position taken by the governments of Quebec throughout history.

Bascially, it's Quebec laws that protect the environment in Quebec. We think these laws take precedence over Canadian laws because our territory belongs to us and because the federal government doesn't have to encroach upon Quebec's environmental responsibilities. I'm thinking of the drinking water in particular.

Bill C-230 directly challenges the enforcement of environmental laws in the provinces and even purports to assess their enforcement and monitoring. Did you think about this crucial aspect when drafting this bill? Are you sensitive to the constitutional reality of Canada and the official position of the state of Quebec?

If so, how do you reconcile this understanding of the division of powers in Canada with the provisions in your bill?

[Yvan Baker, Liberal, Etobicoke Centre, ON]

Thank you.

During debate on Bill C-230 in the House, the government signalled its support for your bill. The government also highlighted areas where it would seek amendments to address some concerns it had with the bill. These included incorporating principles of environmental justice, which environmental racism is an aspect of; addressing issues that would be more appropriately taken on by the provinces or impact provincial jurisdiction; and providing certain flexibility in the development of a national strategy to avoid prejudging the outcome of the work that would be undertaken. Are you open to amendments to your bill in these areas?

[Yvan Baker, Liberal, Etobicoke Centre, ON]

Thanks very much, Chair.

Ms. Zann, congratulations on your bill.

Dr. Waldron, thank you for being here. I'm going to ask you about your bill during my time in questioning.

Ms. Zann, I have a few questions I want to ask you. I'm going to ask you to help me budget the time. We'll see how it goes.

Could you articulate for us to begin with how, if enacted, Bill C-230 would help reduce or eliminate environmental racism in Canada?