Strengthening Environmental Protection for a Healthier Canada Act

An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canadian Environmental Protection Act, 1999 to, among other things,
(a) recognize that every individual in Canada has a right to a healthy environment as provided under that Act;
(b) provide that the Government of Canada must protect that right as provided under that Act, and, in doing so, may balance that right with relevant factors;
(c) require the development of an implementation framework that sets out how that right will be considered in the administration of that Act, and require that research, studies or monitoring activities be conducted to support the Government of Canada in protecting that right;
(d) authorize the Minister of the Environment to add to the Domestic Substances List certain substances that were in commerce in Canada and subject to the Food and Drugs Act between January 1, 1987 and September 13, 2001, and provide that any substance may be deleted from the List when it is no longer in commerce in Canada;
(e) require that the Minister of the Environment and the Minister of Health develop a plan that specifies the substances to which those Ministers are satisfied priority should be given in assessing whether they are toxic or capable of becoming toxic;
(f) provide that any person may request that those Ministers assess a substance;
(g) require the Minister of the Environment to compile a list of substances that that Minister and the Minister of Health have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic;
(h) require that, when those Ministers conduct or interpret the results of certain assessments — or conduct or interpret the results of a review of decisions of certain governments — in order to determine whether a substance is toxic or capable of becoming toxic, they consider available information on whether there is a vulnerable population in relation to the substance and on the cumulative effects that may result from exposure to the substance in combination with exposure to other substances;
(i) provide that certain substances be classified as substances that pose the highest risk based on, among other things, their properties or characteristics;
(j) require that those Ministers give priority to the total, partial or conditional prohibition of activities in relation to toxic substances that are specified in Part 1 of Schedule 1 of the Canadian Environmental Protection Act, 1999 , or to the total, partial or conditional prohibition of releases of those substances into the environment, when regulations or instruments respecting preventive or control actions in relation to those substances are developed;
(k) expand certain regulation-making, information-gathering and pollution prevention powers under that Act, including by adding a reference to products that may release substances into the environment;
(l) allow the risks associated with certain toxic substances to be managed by preventive or control actions taken under any other Act of Parliament, and the obligations under sections 91 and 92 of the Canadian Environmental Protection Act, 1999 to be the responsibility of whoever of the Minister of the Environment or the Minister of Health is best placed to fulfil them;
(m) expand the powers of the Minister of the Environment to vary either the contents of a significant new activity notice with respect to a substance not on the Domestic Substances List or the contents of the List itself with respect to a substance on the List that is subject to the significant new activities provisions of that Act;
(n) extend the requirement, to notify persons of the obligation to comply with the significant new activity provisions of that Act when a substance that is subject to those provisions is transferred to them, so that it applies with respect to substances on the Domestic Substances List, and authorize that Minister to limit by class the persons who are required to be notified of the obligation when a substance that is subject to those provisions is transferred to them; and
(o) require that confidentiality requests made under section 313 of the Act be accompanied by reasons, and to allow the Minister of the Environment to disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism in certain circumstances.
The enactment also makes related amendments to the Food and Drugs Act to enable the assessment and management of risks to the environment associated with foods, drugs, cosmetics and devices by, among other things,
(a) prohibiting persons from conducting certain activities in respect of a drug unless the Minister of Health has conducted an assessment of the risks to the environment presented by certain substances contained in that drug;
(b) enabling the Minister of Health to take measures in respect of the risks to the environment that a drug may present throughout its life cycle; and
(c) providing the Governor in Council with supporting regulation-making authorities.
Finally, the enactment repeals the Perfluorooctane Sulfonate Virtual Elimination Act .

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 30, 2023 Passed 3rd reading and adoption of Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act
May 30, 2023 Failed Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act (recommittal to a committee)
May 16, 2023 Passed Concurrence at report stage of Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act
May 16, 2023 Failed Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act (report stage amendment)
May 16, 2023 Passed Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act (report stage amendment)
May 15, 2023 Passed Time allocation for Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act
Nov. 3, 2022 Passed 2nd reading of Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:15 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, as tempting as it is to engage in a discussion of a thousand-year record drought, I want to stick to Bill S-5 and its impacts. I have a close history and connection to the bill, and I want to ask the hon. member for Cypress Hills—Grasslands if he is aware of how deeply this bill is embedded in his own party. I hope that the Conservatives will support amendments to Bill S-5 and help strengthen them.

This bill was originally passed under the majority Conservative government in the late eighties. Interestingly, to me, as an environmentalist, when Stephen Harper was the prime minister and overhauled, or, one could say, attacked, most of the environmental legislation in Canada, that government left the CEPA alone. The Canadian Environmental Protection Act was not substantially changed or altered at all under Stephen Harper. In fact, the Harper government moved ahead on banning certain toxic chemicals using CEPA, for instance bisphenol A. There was never any retreat or attack on the ongoing work to create a safer environment for human health, which is fundamentally what the Canadian Environmental Protection Act's toxic substances sections are about.

Therefore, I am hoping the hon. member and the Conservative Party will be supporting this bill. It needs some amendments to strengthen it. It has not been overhauled in 20 years. My question for the hon. member for Cypress Hills—Grasslands is this. Will he vote for Bill S-5, recognizing that it is part of his party's legacy?

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:20 p.m.


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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, right at the start and I think toward the end, the member was referencing amendments. We are always open to trying to provide amendments. We hope the government will be open to working with us on amendments. We have seen a history of it not showing goodwill but ill will toward amendments coming from this side of the House. We are trying to work with it in good faith on them and continuing to push for amendments to make this a better bill.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:20 p.m.


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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, I want to thank my colleague for a fulsome speech. It was very interesting.

I wonder if he could comment on some of the Liberal amendments. The Liberal Senate put in 24 amendments, of which 11 made the bill much worse.

One of the things I am concerned about is this. We hear the Liberals talk about auto manufacturing and wanting to bring more of it to Canada. I do not know if the House realizes, but items manufactured from plastic are now on schedule 1 and listed as toxic. One of the things Canada could really benefit from is not having regulations that are outside the norm in North America.

I wonder if the member could comment on the danger of amending legislation like this and if he maybe has a solution we could put forward to help the automotive industry and other industries, like the medical field, that rely on single-use plastics.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:20 p.m.


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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, the member is right. There seems to be this ham-handed approach to either drafting legislation or making amendments on the other side of the aisle. Again, we have to work with industry. We have to work with our stakeholders.

The member raised a very important point. Whether it is on the medical side, with single-use plastics, or vehicle manufacturing and building vehicles, a lot of the time these components in our vehicles are manufactured in the manner and the means they are for safety purposes, so they are safe when we are driving down the highway. Manufacturing them the way the member has alluded to might impact the safety of these vehicles. As the government is shifting its vehicle fleet to electric, there are underlying safety issues with those vehicles that remain to be addressed, for example, how much heavier they are.

There remains an ability for the automotive industry to address some of those concerns, but if it is tied to unnecessary regulations that make things more difficult for the industry, it is going to be a lot harder for it to address those concerns going forward. We have to work with the industry, not against it.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:20 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, it is a great honour to rise and speak to this issue. I will be sharing my time with the member for Edmonton Griesbach.

It is fascinating to be in the House talking about an update to outdated legislation to protect civilians and children from toxic “forever chemicals” and see the Conservatives wrapping themselves in defending plastics and toxic chemicals as somehow a vision for a better Canada. It really is peak Conservative.

I think of how far the Conservative Party is today from the Conservative Party back in the days when Brian Mulroney first brought the legislation through. He was a prime minister with whom I disagreed on many things, but he helped negotiate the Montreal Protocol, an international agreement that literally saved the life of this planet.

The Conservatives today, if we were dealing with something like the ozone hole threat, would be lighting their hair on fire, the ones who have hair, and attacking this as some kind of disinformation and conspiracy theory. However, Brian Mulroney was able to work internationally on that.

He also pushed the treaty on acid rain, which was destroying the lakes across my region in northern Ontario. Under the new Conservative leader, he would be embracing acid rain, telling us it was the best thing that ever happened and that we had to support it.

When we are talking about a straightforward update for dealing with toxic chemicals—

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:25 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I rise on a point of order. My colleague, earlier in his speech, shamed those of us who may be follically challenged in this House, and I take offence to that. I would ask for our hon. colleague to apologize.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:25 p.m.


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The Deputy Speaker Chris d'Entremont

I think we are descending into another debate.

The hon. member for Timmins—James Bay.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:25 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I would like to apologize to my hon. colleague. I love the man but he is follically challenged, and sometimes the truth does hurt, as do some of the other Conservative policies. He is a good MP, I will say that.

I want to speak to the bill today in the larger context of where we are with respect to having a national vision

The Conservatives are monkey wrenching my notes. It is like they are after me all the time.

I want to speak to the overall need for a coherent vision, and this bill is part of it.

Today, we have learned that oil production in Canada is at its highest level ever, 3.6 million barrels a day. We know that we are going to have another 500,000 barrels a day coming from Bay du Nord. Of course, the $21 billion in public money from TMX will give us another 800,000 to a million barrels a day. This is the Liberal vision for dealing with the climate crisis. The planet is on fire: let us boost oil production.

The government has put about $18 billion a year into subsidies to oil. What is that getting us?

It is fascinating that if we break down the numbers that are coming out of Alberta today, not only are we at the highest level of oil production ever, we are at the highest profits ever. Over the last year, $140 billion in profits came out of the oil patch in western Canada. That is 75% higher than it was in 2014, but only 7% of that is being reinvested in operations.

Oil operations are like mines. We can run a mine and strip it of its assets, but to make a mine profitable in the long term, we are constantly having to reinvest in construction and involvement. Only 7% is going back into the oil sector, with 25% less workers now and under-record profits. Fifty-two thousand jobs have disappeared out of the oil patch at a time of record profits.

As Bruce Springsteen says in his song, “Foreman says these jobs are going boys and they ain't coming back.” These jobs are not coming back to Alberta, because the oil lobby and the oil sector are putting this money into giving the shareholders the benefits. This is going to international capitalists and lining their pockets on Canadian natural resources. They are also spending the money on automation, so they can get rid of more workers. This is the economic vision, certainly of the Conservatives, who believe that the more oil is pumped up, the more profits that are made, and it does not matter about workers. I look to the Liberals and ask what kind of vision do they have.

We know the Prime Minister made a statement that Canada was back. He said that on the stage in Paris. However, we have seen no coherent commitment for dealing with the environment and with jobs. I challenge the government.

The Alberta Federation of Labour came here with its plan, representing the industrial workers of Alberta, saying that the transition was happening and that its workers were suffering through the transition. It knows there is a better future out there and it has asked the government to come to the table and start working on a coherent strategy.

We hear about the critical mineral strategy. We hear the government talk about a new energy economy, but we do not see any investment. This new energy economy does not appear out of the blue. We cannot wish it in. The Prime Minister cannot just get a tattoo on his arm and create a new energy economy that is a clean energy economy. It requires investments; it requires a strategy.

This is what Joe Biden has done in the United States and this is what we, through the Alberta Federation of Labour, are asking for, a coherent strategy.

What does this mean with respect to potential? Calgary Economic Development did a fascinating report, saying that the clean energy economy was $3.8 trillion. That is the opportunity. There is no place on the planet that has a greater potential for investing in clean energy right now than Alberta. Certainly, Calgary is in the top ten for clean tech investment. It is saying that if we do not start making these investments now, not only does Alberta lose, not only does Canada lose but the planet will lose. It has estimated that if we have a coherent strategy in clean energy, it is a $61-billion opportunity. That is just for Alberta not counting the rest of Canada, which has enormous opportunities as well. This could create 170,000 jobs. That is what we are dealing with.

We are dealing with a planetary crisis, but we are also dealing with a unique opportunity. If members had heard Gil McGowan when he was in Ottawa, he spoke on behalf of the boiler workers, the operator engineers, the electrical workers, Unifor, steelworkers, those who are actually doing the industrial production in Alberta. They are saying that there is a huge opportunity for us to move forward, to move out of boom-and-bust, but if we do not take that opportunity, those jobs are going to go elsewhere. We know they are going to the United States right now, because Biden is stepping up on this.

If we are going to have a coherent strategy to bring in investors, we need a government that actually has a vision. Unfortunately right now, we have Danielle Smith in Alberta. It is impossible to keep up with the idiotic statements coming out of her office. One thing she did last week was abolish the Ministry of Labour in Alberta. She thinks this is red-tape cutting, but this is about certainty. When big employers do not have an oversight for basic things like the occupational health and safety codes or employment standards, they leave themselves open to all kinds of action, if their workers get injured.

Danielle Smith does not understand—

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:30 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise on a point of order. Lest my friend from Cypress Hills—Grasslands thinks I am biased in the matter on which I raised a question of relevance, while I have not disagreed with a single word from my friend from Timmins—James Bay, I have not heard much about Bill S-5.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:30 p.m.


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The Deputy Speaker Chris d'Entremont

I would like to remind everyone to stick to the bill we are talking about. Relevance is something that keeps coming up.

The hon. member for Timmins—James Bay.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:30 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I have great respect for the hon. member for Saanich—Gulf Islands.

I know it really bothers the Greens that the New Democrats are talking about a vision of moving ahead, because we believe in jobs as well as in economy that is based on sustainability. I know it get their backs up a little, but this issue is about where we are going as a nation with respect to a coherent strategy.

Bill S-5 is part of that. We have to be sending a message to the nation, but also to the investment community that Canada gets the fact that we need to have proper standards. We need to have those standards in order to draw investment, in order to create a transformative economy. Nice words alone will not cut it. Nice words from the Prime Minister will not cut it. Crazy talk from Danielle Smith will definitely not cut it. We need to do better.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:30 p.m.


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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Mr. Speaker, I really enjoyed the way the member opened up his speech this afternoon. He talked specifically about the difference between the current Conservative Party and the Conservative Party that it likes to identify itself with, which was the Brian Mulroney Conservative Party.

Brian Mulroney did some pretty incredible things. He brought 46 countries from across the world to Montreal to establish a protocol on protecting the ozone layer. He spent a decade pushing Washington to do something about acid rain before it finally agreed.

I wonder if the member could enlighten the House on this. If it is not the Brian Mulroney Conservative Party across the way, what exactly is across the way?

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:35 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, imagine someone asking me to defend the legacy of Brian Mulroney, but that is the state of politics in our country today.

The one thing we could say about the Conservative Party, the then Progressive Conservatives, is that it understood that protecting heritage and environment mattered. We do have a Prime Minister who is supposed to be the environmental feminist Prime Minister, and yet oil production has gone up under his watch and I think, if we look, subsidies to oil have gone up over the Conservatives. We are seeing a disconnect on both sides.

What is missing in the House is that we do not have a Progress Conservative Party anymore. We have the convoy party. We have the World Economic Forum disinformation team, and it has formed government in Alberta, which is scaring investors away because it is coming up with some of the most crazy stuff we have ever seen.

I would take any of the Robert Stanfields, Joe Clarks, the Flora MacDonalds, the Conservatives who could actually stand up. However, on the other hand, we are still dealing with those Liberals and they are like Teletubbies. They keep bouncing up with more promises, but they are not delivering the jobs we need in western Canada and in the oil patch.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:35 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I am not too sure what to think of the reference to Teletubbies. This is the second time the member has mentioned this.

The member talked about the economy and how important it was that it worked with our environment, like with sustainable environment and economic development, these types of things. Before we know it, my colleague will be talking about the importance of the middle class and how we have to ensure that we enable people to become a part of the middle class.

I want to ask my colleague and friend a question. When we think of Bill S-5, many of the things it would do is make Canada's environment protection laws stronger and ultimately make Canada healthier. Would he not agree with that summation?

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 24th, 2022 / 12:35 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, it is very important we pass the bill, and I am shocked the Conservatives, of all things, are embracing toxic chemicals as a fight against the Liberals.

I would have spoken much more about the middle class, but the Liberals sure have done a pretty good job over the years with their neo-liberal policies of kicking the middle class back into the working class. We need to maintain that, but part of that is certainty. The Conservatives are talking about mining projects getting off the ground in three years. That is ridiculous.

I come from mining country. Mining development requires consultation with indigenous communities. It requires doing the heavy lifting. Once we have done that, we have certainty. I will talk about many mining companies and how that certainty is essential for reassuring the long-term development and that investors understand we are doing it right. We need to have that climate in Canada.