Bill C-219

Canadian Environmental Bill of Rights

An Act to enact the Canadian Environmental Bill of Rights and to make related amendments to other Acts

This enactment enacts the Canadian Environmental Bill of Rights , which provides that every person residing in Canada has the following rights:
(a) the right to a healthy and ecologically balanced environment;
(b) the right to reasonable, timely and affordable access to information regarding the environment;
(c) the right to effective, informed and timely public participation in decision-… read more

This enactment enacts the Canadian Environmental Bill of Rights , which provides that every person residing in Canada has the following rights:
(a) the right to a healthy and ecologically balanced environment;
(b) the right to reasonable, timely and affordable access to information regarding the environment;
(c) the right to effective, informed and timely public participation in decision-making regarding the environment, including in relation to any Act of Parliament respecting the environment and any environmental policy of the Government of Canada;
(d) the right to bring a matter regarding the protection of the environment before courts or tribunals; and
(e) the right to request a review of any Act of Parliament respecting the environment, any instrument made under such an Act or any environmental policy of the Government of Canada.
The enactment also provides for an application by a person residing in Canada for an investigation by the responsible Minister of an offence under any Act of Parliament respecting the environment other than the Canadian Environmental Protection Act, 1999 . In addition, it provides for an environmental protection action to be brought by a person in respect of such an investigation as well as an environmental protection action to be brought by a person against a person who has contravened or is likely to contravene an Act of Parliament respecting the environment if certain conditions are met.
The enactment amends the Auditor General Act to allow petitions for the review of any Act of Parliament to be made respecting the environment, any instrument made under such an Act or any environmental policy of the Government of Canada.
The enactment amends the Federal Courts Act to allow an application for judicial review to be made by a person not directly affected by the matter in respect of which relief is sought if certain conditions are met, including the condition that the matter relate to the protection of the environment.
Finally, this enactment also amends the Canadian Bill of Rights to provide that the right of the individual to life, liberty and security of the person includes the right to a healthy and ecologically balanced environment.

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Environmental Bill of Rights

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, the vast majority of Canadians believe they should have the right to live in a clean, healthy environment.

The government believes that, too, as it voted in favour of a United Nations motion that enshrined that right around the world. However, we do not have that right in law throughout Canada. Some provinces have enshrined that right in legislation. The federal government put it in the new Canada Environmental Protection Act, but there, it is restricted to the narrow confines of the act.

I have introduced Bill C-219, the Canadian environmental bill of rights, which would extend the right to live in a clean and ecologically sustainable environment to all federal legislation. It would improve on existing laws by providing accountability measures to make sure governments live up to their legal promises. It is constitutional because it only acts through existing federal legislation.

I call on all members to support all Canadians and enshrine the right to live in a clean environment by voting for Bill C-219.

Strengthening Environmental Protection for a Healthier Canada Act

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, I am happy once again to rise and speak to Bill S-5, a bill that updates the Canadian Environmental Protection Act.

I have spoken a couple of times on this bill at various stages, and I will repeat some of the messages I gave in those speeches. Here we are at third reading. We have responded to the committee report, which brought forward a few amendments, including one from the NDP that was voted on at report stage. At committee, Conservatives and Liberals took out a statement about tailings ponds in particular. The NDP proposed a report stage amendment that put those words back into Bill S-5 that were put there originally by the Senate, which dealt with this bill before us, and I was happy that amendment passed.

Now, I am a bit discouraged that Conservatives seem to be indicating they are withdrawing their support for this bill just because of those two words, “tailings ponds”, going back into it. I am not sure why they consider the words so toxic that they cannot support the bill, but we are very much of the opinion that it really needs to be highlighted as one of the points in protecting the Canadian environment. We have had so many issues around tailings ponds, not just in the last few months at the Kearl project in Alberta, but in British Columbia with the Mount Polley disaster, and various other situations. This bill, Bill S-5, and the Canadian Environmental Protection Act really deal with how we should deal with toxins that are put into the Canadian environment, and tailings ponds are one example of where, when we have disasters, an inordinate number of toxins are poured into the environment at once. I think that requires special mention, and I am glad we see that wording back in this version of the bill here at third reading.

Just to give some background, this bill was first introduced in the previous Parliament as Bill C-28. It was never brought to the floor of the House to debate, and, months later, the government called an election, so it died on the Order Paper. However, it gave Canadians and environmental law experts and scientists a chance to look at this long-overdue bill to update the Canadian Environmental Protection Act, as it has been over 20 years. Those people found a lot to be concerned about that was missing from the bill. The government had a year to answer those concerns, yet in this Parliament it introduced the bill exactly as it was in Bill C-28, so there was no attempt to fix things ahead of time, which has caused real problems.

I have even heard Liberals saying in debate at report stage that we need a new version of CEPA, so we need a new bill to update it as quickly as possible to fix those things, because they were found to be out of scope. We cannot expand the scope of bills here in this place once they come to us, and this bill requires some of that desperately, which I will talk about later.

Since CEPA was first introduced over 20 years ago, the number of chemicals that people in Canada are exposed to in their daily lives has grown exponentially. I think it has grown by over 50 times since 1950 and is expected to continue on that trajectory. All these chemicals are toxic in their own way. These are brand-new chemicals that natural environments have no experience with, and we are only discovering, year after year, the impacts of these chemicals on our environment, our health and the health of plants and animals in our environment, even at very small levels. Over the last two decades, science has discovered more about the cumulative effects of even small doses of these toxic chemicals, and without this modernized legislation, Canadians would continue to be exposed to unregulated and harmful chemicals.

This is long overdue. Environmental scientists and environmental legal experts have long recognized that. Some of the changes that Bill S-5 would make to CEPA that are significant are the recognition of the right to a healthy environment, and I will talk more about that later; the commitment to implement the UN Declaration on the Rights of Indigenous Peoples, under the act; strengthening the chemicals management plan, including to take into consideration vulnerable populations, cumulative effects, reproductive and endocrine toxicity, carcinogenicity, mutagenicity and neurotoxicity; alternatives and class-based assessments to avoid harmful substitutions; and labelling and other-risk communication.

I would like to back up now and just say how Canadians are so proud of this country, and one of the great sources of that pride is our environment. We are blessed to live in a vast country, and our relatively small population, concentrated at the southern border, has given us the impression that our environment will remain clean, healthy and sustainable, no matter what we do to it and no matter what we throw at it. That attitude has, obviously, gradually changed over the last 50 years or so, and now over 90% of Canadians believe that it is important that we have the explicit right to live in a clean and healthy environment. It is very timely that this bill finally recognizes that right.

Last year, on July 28, 2022, the UN General Assembly passed a unanimous resolution that recognized the right to a healthy environment around the world. One hundred and fifty-nine countries already have legal obligations to protect the human right to a healthy environment, but Canada does not. There are environmental bills of rights in Ontario, Quebec, Yukon, Northwest Territories and Nunavut, but there is no federal law that explicitly recognizes the right to live in a healthy environment. Bill S-5 would change that, so it is a positive step forward, but it is important to back up declarations of rights with legislation that enforces those rights.

Unfortunately, the previous version of CEPA was considered unenforceable, and this one is no better. In fact, the Senate committee studying Bill S-5 wanted to fix this enforceability and, quite remarkably, the senators attached this note to the bill when they sent it forward to the House. After they had passed it with the amendments that they could make, they attached this message. I have read this message in each of the speeches I have given, but it is so remarkable that it bears repeating. This is what the Senate committee said:

This committee would like to state their concern that the right to a healthy environment cannot be protected unless it is made truly enforceable. This enforceability would come by removing the barriers that exist to the current remedy authority within Section 22 of CEPA, entitled “Environmental Protection Action.” There is concern that Section 22 of CEPA contains too many procedural barriers and technical requirements that must be met to be of practical use. As Bill S-5 does not propose the removal or re-evaluation of these barriers, this Committee is concerned that the right to a healthy environment may remain unenforceable.

As I said before, the reason the Senate did not amend this bill to make it enforceable is that it was considered out of scope. The real disappointment here, of course, is that the government had a year to fix this. It knew that this enforceability was one of the main concerns people had about Bill C-28 in the previous Parliament, but the government did not fix it. I don't know whether that was just out of incompetence or whether it really did not want to fix it.

This relates directly to the welcome new declaration in Bill S-5 that Canadians have a right to live in this healthy and clean environment, but we need a transparent and open process to hold the government to account with respect to that declaration and to that right.

As I have said, CEPA is primarily concerned with protecting Canadians and their environment from the toxic chemicals we are so good at inventing, producing and pumping into our environment. There has been a fiftyfold increase in those chemicals over the past number of decades. However, CEPA does not concern itself in general with other matters of federal legislation around the environment, such as environmental impact assessments, fish habitat, migratory birds, species at risk, etc., so this declaration of the right to live in a clean, healthy environment has rather narrow coverage. It covers only matters within the Canadian Environmental Protection Act.

I have a private member's bill, Bill C-219, that is called the Canadian environmental bill of rights. It was first written and presented by Linda Duncan, the former NDP MP for Edmonton Strathcona. Ms. Duncan is an expert environmental lawyer who produced this environmental bill of rights and introduced it over three Parliaments during her time here. It passed second reading in 2009 or 2010 and went to committee, but each time she presented it, it did not make it through the full Senate procedure, so it never became law. I was very honoured and happy to present it again as Bill C-219 in this Parliament.

Among other things, it basically takes that right to live in a clean, healthy environment that Bill S-5 talks about and expands it to the other Canadian federal legislation that we have that deals with the environment. It is not a broad-brush approach, but specifically attached to those pieces of legislation. In fact, when the House of Commons legal team was asked whether it was constitutional, the answer was that of course it is constitutional because it is not really an environmental bill; it is a human rights bill. It holds the government to account for doing what it should be doing under those different environmental pieces of legislation that we have at the federal level.

I would like to make it clear that the NDP will be voting in favour of Bill S-5. We are happy that the government has ceded to some of the amendments that we wanted to bring in to improve Bill S-5. We did not get all that we wanted, but we think this is an important step forward, and we are certainly happy that there is language about the right to live in a clean and healthy environment that is finally recognized within federal legislation. We are happy that this bill confirms the government's commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples under the act.

This bill has many shortcomings, some of which I have listed, but one that I have not mentioned is the total lack of anything around air pollution, toxins in the air. This is something that we really have to get into federal legislation, because it is just as important, if not more so, than some of the other forms of pollution we have to deal with.

I am heartened to hear comments from Liberal members that they would welcome a new version of Bill S-5, a brand new update to CEPA that would bring in some of the problems that have been considered out of scope here, especially around enforceability.

As I say, most Canadians, including myself, would be happy to see this bill pass. I know that most parties will be voting for this bill, albeit some reluctantly. I am disappointed to hear that the Conservatives seem to be pulling their support over the tailings ponds issue. I hope that the Senate will deal with it promptly, so that we can enjoy its benefits and quickly start the process of crafting that new bill that will make CEPA even stronger. That act would truly protect Canadians and ensure that we, along with our children and grandchildren, can continue to live in the clean and healthy environment that is our right.

[Mike Morrice, Green, Kitchener Centre, ON]

Madam Speaker, I thank the member for South Okanagan—West Kootenay for his leadership in introducing a true right to a healthy environment through Bill C-219.

I think this is the third speech I have heard sharing an interest in introducing better legislation before we even get this bill passed. We know that the Conservative Party intends to support this legislation, but it does not even support a carbon tax as a starting point, the simplest environmental policy of any to begin with. What does he think this says about the quality of the legislation in front of us now?

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Madam Speaker, Canadians care about the health of their environment. According to polling, 92% of Canadians believe the government should recognize the right to live in a healthy environment. Canada has several major pieces of legislation on environmental protection, but the Canadian Environmental Protection Act is the centrepiece of that commitment.

Bill S-5, which we are debating here today, is the long-awaited update to that act. It has been 24 years since the last update, and there has been a lot of water under the bridge since then. Some of that water likely contained some of the many new toxins we have invented in the last two decades, and that is one thing that needed to be updated with this bill. We have also learned a great deal about the cumulative effects of even tiny doses of these toxins. We literally have to run to keep up with the ways we are damaging the environment here in Canada and around the world.

People concerned about the environment welcomed the effort to update the Canadian Environmental Protection Act, or CEPA, as it known for short, and the NDP welcomed that too. It is long overdue.

I want to spend a bit of time talking about the history of this particular bill, as I think it puts some of the efforts to fix CEPA in a better context.

The bill was first introduced in the previous Parliament as Bill C-28, tabled in April 2021, two years ago. However, the government did not bring it to the floor of the House for debate that spring and then called an election in the summer, so that ended that version of the bill.

Environmental law experts across the country analyzed that bill and began to drop ideas to make it better when it came back to Parliament. There was some hope that the government would take some of those ideas and amend the new version before reintroducing it so that things would not be considered out of scope. Instead, it tabled the exact same version of the bill, the same as Bill C-28, in the Senate in February 2022, where it took on its life as Bill S-5, the bill we are debating today. The Senate took a long, serious look at the bill in committee, improved it in several ways and sent it to the House at the end of June last year, and the House took it up last fall. It has since been through second reading debate and committee, and we see it here at report stage.

This bill, at its heart, is about allowing Canadians to live in a clean, healthy environment. Much of its detail is in regulations around toxic chemicals, chemicals we have invented and continue to invent and chemicals released into the environment, whether knowingly or not, that can directly affect our health and degrade the ecosystems we all depend on.

One new and very important part of this bill is the long-overdue inclusion of language that declares that Canadians have the right to live in a healthy environment. Last year, on July 28, 2022, the UN General Assembly passed a unanimous resolution that recognized the right to a healthy environment around the world. A hundred and fifty-nine countries around the world have legal obligations to protect the human right to a healthy environment, but Canada does not.

There are environmental bills of rights in Ontario, Quebec, the Yukon, the Northwest Territories and Nunavut, but there is no federal law that explicitly recognizes the right to a healthy environment in Canada. Bill S-5 could change that, so it is a positive step forward, but it is important to back up declarations of rights with legislation that enforces those rights. Unfortunately, the previous version of CEPA was considered unenforceable, and this one is no better.

The Senate committee studying Bill S-5 sent the bill to the House with the following message:

This committee would like to state their concern that the right to a healthy environment cannot be protected unless it is made truly enforceable. This enforceability would come by removing the barriers that exist to the current remedy authority within Section 22 of CEPA, entitled “Environmental Protection Action.” There is concern that Section 22 of CEPA contains too many procedural barriers and technical requirements that must be met to be of practical use. As Bill S-5 does not propose the removal or re-evaluation of these barriers, this Committee is concerned that the right to a healthy environment may remain unenforceable.

The reason the Senate did not fix this enforceability issue with amendments is that apparently it would have been considered out of scope, so I would say the government should table separate legislation as soon as possible to remedy this. Again, the government could have missed all of this if it had fixed this problem with CEPA and Bill S-5 before tabling the new version of the bill.

Similarly, there were other major shortcomings in Bill S-5 that were out of scope for amendments, including a lack of legally binding and enforceable air quality standards. It is really quite surprising that the first draft of Bill S-5 made no attempts to address air quality at all. It also lacks a more open, inclusive and transparent risk assessment process for the evaluation of genetically engineered animals in the environment, especially wild salmon. Salmon are a critical part of our aquatic ecosystems and are sacred to first nations that have relied on healthy salmon populations for millennia. The risk of introducing genetically engineered salmon into the wild environment should set off alarm bells on all sorts of fronts.

I would like to mention here that I have a private member's bill, Bill C-219, the Canadian environmental bill of rights, that would extend the right to a clean environment across the federal mandate, not just for toxins and other aspects covered under CEPA, but for all aspects of the environment covered by federal legislation. The heart of Bill C-219 is a transparent accountability process that would allow Canadians to ensure their government is actually upholding the right to a clean environment. That accountability process is missing from Bill S-5 and CEPA. It could have and should have been included. I am hoping that the government and all parties will support my bill and use that part of it as a model to strengthen the Canadian Environmental Protection Act.

In conclusion, I would like to make it clear that the NDP will be voting in favour of Bill S-5 at this stage. We are happy that the right to live in a clean and healthy environment has finally been recognized within federal legislation, and we are happy the bill confirms the government's commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples under the act. However, the bill has many shortcomings, only some of which I have listed above.

I was heartened to hear the speech from the member for West Vancouver—Sunshine Coast—Sea to Sky Country, in which he admitted these shortcomings and called for a new bill amending CEPA to fix them as soon as possible. Why they were not included in the bill before us, which has been 24 years in the making, is beyond my comprehension, but I would certainly welcome such a bill.

Most Canadians will be happy to see the bill pass, and I know that most parties will be voting for the bill, albeit some reluctantly. I hope the Senate will deal with it promptly so we can enjoy its benefits and quickly start the process of crafting a new bill that will once again make CEPA a stronger act, an act that will truly protect Canadians and ensure that we and our grandchildren can live in the clean and healthy environment that is our right.

[Bonita Zarrillo, NDP, Port Moody—Coquitlam, BC]

Madam Speaker, like many times in our history, we are at a crossroads in regard to choosing the well-being of people over profits.

Too many times, government legislators have turned a blind eye to doing better to protect the health of people. Too many times, they have chosen to protect the profits of polluters and toxic industries because they did not know better or could not see the results of their choices manifesting in harmful ways in their very own communities.

Today, we are once again at that crossroad of opportunity to do better, or to carry on with the status quo that is harming people in the name of corporate greed and profits.

Over the past 50 years, science has told us, and cancer has shown us, that there are toxins in our bodies that should not be there. This is the fact of the matter, and this is what needs to be corrected. It is not just pollution in our air, water and land, but pollutants in our bodies, blood and breast milk exist. Pollutants that were put there by unregulated industry.

While I was preparing for this speech, I was reminded of the choice of the 36th Parliament that made pollution prevention planning discretionary and not mandatory under CEPA in 1999. That was a mistake a past Parliament made, and after 23 years, after eight Parliaments, this is a decision that this 44th Parliament must finally correct.

In those 23 years, only 25 toxic substances listed in the initial act have been subject to pollution prevention planning requirements. That is a rate of about one toxic substance every year. It will take 150 years for the existing list of toxins in the act to get a pollution prevention plan. As the Canadian Environmental Law Association stated, “This is a leisurely pace to addressing chemicals the federal government regards as the worst of the worst substances in the Canadian environment.”

Looking at it in decade-long timelines, it makes me wonder why Canadian governments have not done more before now to protect human health from known cancer-causing toxins. Every day 641 Canadians are diagnosed with cancer, and here we are, 23 years later, looking at the inadequacy of CEPA.

Canadians deserve better than the CEPA of the past, and it is the expectation of the NDP that this window of opportunity to improve environmental protections for Canadians and to offer them a right to a healthy environment is imperative to the health of us and of our children. We want a world where toxins being introduced into our bodies and the bodies of our children is not inevitable.

The NDP will be supporting the bill at second reading with the hopes that it can be substantially strengthened to reach that goal.

Bill S-5 is largely concerned with protecting the environment and human health from toxins and maintaining air and water quality. This is good, but there is widespread agreement that CEPA is overdue for substantial improvements. For one thing, it is widely considered to be unenforceable as it now stands, as there are multiple obstacles to enforcing it and remedies cannot be used by citizens. That needs to be corrected.

There are 159 countries around the world with legal obligations to protect the human right to a healthy environment, but Canada does not have those legal obligations. There are environmental bills of rights in Ontario, Quebec, Yukon, the Northwest Territories and Nunavut, but there is no federal law that explicitly recognizes the right to live in a healthy environment in Canada.

While Bill S-5 seems to be a step forward in recognizing the right to live in a healthy environment, there are serious concerns that this right will not be backed up by measures that improve the enforceability of the act. In fact, the Senate committee studying the bill reported just that.

As my colleague from South Okanagan—West Kootenay previously pointed out, Canadians deserve more power to ensure that their right to live in a healthy environment is upheld. That is one of the things that my colleague’s private member's bill, Bill C-219, would do.

Bill C-219 is titled an act to enact the Canadian environmental bill of rights, and it offers umbrella coverage to all federal legislation outside of CEPA. Specifically, it would give residents of Canada the right to, among other things, access information about environmental concerns, have standing at hearings, access tribunals and courts to uphold environmental rights and request a review of laws. It would also provide protection to whistle-blowers.

I encourage all members of the House to support Bill C-219 when it comes before the House in this session, because while it is good to see Bill S-5 here, it is important to note that adding the right to a healthy environment in a limited way under CEPA is not the same thing as ensuring, broadly, that all people have the right to live in a healthy environment, as is the goal of Bill C-219.

There remain troubling limitations in Bill S-5 on how the right to a healthy environment will be applied and how the right will be enforced. Without modernizing legislation to update chemicals management in Canada, and without the legal recognition of the right to a healthy environment, Canadians will continue to be exposed to unregulated and harmful chemicals.

Canadians are exposed to chemicals from polluting industries every day in the air, in the waters of our lakes, rivers and oceans, and even in the safety of our own homes in the products we use.

Canadians expect their government to take action to protect them and their families from toxic substances. They expect the government to ensure that all people have the right to live in a healthy environment. These are things New Democrats have been calling on the government to fix for years. While the government has chosen to do nothing, the number of chemicals that people in Canada are exposed to in their daily lives has grown exponentially.

There has been a 50-fold increase in the production of chemicals in the past 50 years, and that is expected to triple again by 2050. Personal care products are manufactured with over 10,000 unique chemical ingredients, some of which are either suspected or known to cause cancer, harm our reproductive systems or disrupt our endocrine systems. Even some disposable diapers have been shown to contain these harmful chemicals. Babies are being impacted.

Since CEPA was first enacted, Canada has also learned much more about the harmful cumulative effects of these toxic chemicals on our health. We now know that exposure to hazardous chemicals, even in small amounts, can be linked to chronic illnesses like asthma, cancer and diabetes. According to Health Canada, air pollution is a factor in over 15,000 premature deaths and millions of respiratory issues every year in Canada.

These toxins are impacting racialized communities even harder. Frontline workers, who are predominantly women or racialized, often have higher exposure to hazardous chemicals. Across Canada, indigenous, Black and racialized families are disproportionately negatively impacted by toxic dumps, polluting pipelines, tainted drinking water and other environmental hazards.

The former UN special rapporteur on human rights and hazardous substances and wastes stated, “The invisible violence inflicted by toxics is an insidious burden disproportionately borne by Indigenous peoples in Canada.” This is exactly why there must be a better enforcement mechanism in this bill so that communities, families and individuals can achieve the protection outlined in law.

One of the most disappointing and concerning gaps in this bill is that it does not touch on the citizen enforcement mechanism. As the member for Victoria has said in the House, “The citizen enforcement mechanism is, frankly, broken. It has never been successfully used. The process is so onerous that it is essentially impossible for a citizen to bring an environmental enforcement action. Without a functioning citizen enforcement mechanism, there are serious questions about how the right to a healthy environment can be truly enforced.”

There are also other critical gaps in Bill S-5. It lacks clear accountability and timelines for how toxic substances are managed. It lacks mandatory labelling so Canadians can make informed choices about the products they use. It does not fix loopholes that allow corporations to hide which toxic substances are in their products.

If we want to protect our health and the environment, we have to ensure that we are following the advice of scientists and experts, not the interests of big corporations. These big corporations, made up of some of Canada's biggest polluting industries, have been attempting to stop amendments to Bill S-5—

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Madam Speaker, this act is largely concerned with protecting the environment and human health from toxins and maintaining air and water quality, but there is widespread agreement that CEPA is overdue for a substantial improvement. For one thing, it is widely considered to be unenforceable as it now stands, as there are multiple obstacles to enforcing it and remedies cannot be used.

A lot has happened in 23 years. New chemicals have been invented that potentially impact our health, and the public has been increasingly concerned about the health of our environment and the impact of it on our health and on the populations of animals and plants that we share the world with and depend on for our well-being. A poll in 2017 found that nine in 10 Canadians are concerned about exposure to toxins from consumer products, 96% agreed that labels should disclose the presence of those toxins in consumer products and 92% agreed that Canada should recognize the right to live in a healthy environment.

I would like to concentrate my remarks today on that final point: the right to live in a healthy environment. There are 159 countries around the world with legal obligations to protect the human right to a healthy environment, but Canada does not have those legal obligations. There are environmental bills of rights in Ontario, Quebec, Yukon, the Northwest Territories and Nunavut, but there is no federal law that explicitly recognizes the right to live in a healthy environment in Canada.

International efforts to recognize that right go back to the 1972 Stockholm declaration, which recognizes the right to “an environment of equality that permits a life of dignity and well-being”. Fifty years later, this past summer, on July 28, the UN General Assembly passed a unanimous resolution that recognized the right to a healthy environment around the world. With Canada voting for that resolution to finally join the rest of the world and with the 92% of Canadians agreeing with it, it is certainly high time that we had federal legislation that recognized this right. I am happy to say that Bill S-5 provides a step in that direction.

The preamble of CEPA will now include the following statement: “Whereas the Government of Canada recognizes that every individual in Canada has a right to a healthy environment as provided under this Act”. That is a good step, but there are limitations to that statement. For one, as the member for Repentigny mentioned, it is in the preamble where it does not really carry much legal weight. Also, the right is clearly restricted to the provisions of the act. In other words, it is around the control of toxins, air quality and water quality.

This new act would also state that those rights are “subject to any reasonable limits” and that those limits will be elaborated on in the implementation framework through “the consideration of relevant factors, including social, health, scientific and economic factors”. It is therefore important to see how these rights will be upheld. The implementation framework of this bill will apparently also elaborate on mechanisms to support that right.

While Bill S-5 seems to be a step forward in recognizing the right to live in a healthy environment, there are serious concerns that the right will not be backed up by measures that improve the enforceability of the act. In fact, the Senate committee studying the bill reported:

This committee would like to state their concern that the right to a healthy environment cannot be protected unless it is made truly enforceable. This enforceability would come by removing the barriers that exist to the current remedy authority within Section 22 of CEPA, entitled “Environmental Protection Action.” There is concern that Section 22 of CEPA contains too many procedural barriers and technical requirements that must be met to be of practical use. As Bill S-5 does not propose the removal or re-evaluation of these barriers, this Committee is concerned that the right to a healthy environment may remain unenforceable.

In discussions that I have had with top environmental lawyers about Bill S-5, I have heard more concerns that the implementation framework proposed in this bill would interpose the government between public rights and the remedies needed when those rights are violated.

My first suggestion would be that the bill be strengthened by giving the residents of Canada more power to ensure that their right to live in a healthy environment is upheld. That is one of the things that my private member's bill, Bill C-219, would do.

Bill C-219 is entitled the Canadian environmental bill of rights and will be debated later in this session. I would like to spend some time covering its provisions, because it suggests several ways Bill S-5 could and should be improved. I would like to mention here that Bill C-219 was drafted by my former colleague Linda Duncan, a brilliant environmental lawyer who was the MP for Edmonton Strathcona for many years. She introduced this same private member's bill four times during her career as an MP. It was never voted down but, unfortunately, died in each of those parliaments before becoming law.

As I mentioned earlier, one of the limitations of the right to a healthy environment proposed by Bill S-5 is that it is restricted to the provisions of the Canadian Environmental Protection Act. It does not cover environmental protections outlined in other parts of the federal environmental mandate, such as the Fisheries Act, the Species at Risk Act, the Impact Assessment Act, the Migratory Birds Convention Act, and so on. Bill C-219 would provide umbrella coverage to all federal legislation outside of CEPA. CEPA was carved out of Bill C-219, apparently to avoid clashing legislation.

On top of that wider coverage, Bill C-219 would provide stronger protections of the right to a healthy environment. Specifically, it would give residents of Canada the right to, among other things, access information about environmental concerns, standing at hearings, access tribunals and courts to uphold environmental rights, and request a review of laws. It would also provide protection to whistle-blowers.

To conclude, I reiterate that I will be supporting Bill S-5 at second reading, but I hope the government will look carefully at my bill to see how it might inform efforts to improve Bill S-5 in committee amendments. I also hope that if the government is serious about extending the right to live in a healthy environment to all Canadians, that it will support my bill, the Canadian environmental bill of rights, to extend and strengthen that right to the entire federal mandate.

[Terry Duguid, Liberal, Winnipeg South, MB]

Madam Speaker, the hon. member is a leader in the area of environmental protection. I look forward learning more about Bill C-219. We would consider it at that time.

I just want to assure the hon. member that we are going to have a very robust process at committee. The minister and I, and others, have indicated that we are certainly open to strengthening the bill. The Senate did some excellent work, which I think we can build on. I want to thank the hon. member for the question.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Madam Speaker, this is a bill that many of us have been waiting for for some time. It mentions, in its preamble, the right for Canadians to live in a healthy environment. I have a private member's bill, Bill C-219, which we will be hearing about later this fall, that talks about the environmental bill of rights, a right to live in a healthy environment, that would extend across the whole federal mandate, not just within CEPA, as this does.

Could the member comment on whether the government would consider amending Bill S-5 to take into account the stronger language from my bill about individual rights to live in a healthy environment, or even on whether the government would accept all the amendments that the Senate put forward? This bill needs to be fixed to be made more actionable when it comes to that right.