Bill S-5

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

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 .

Strengthening Environmental Protection for a Healthier Canada Act

[The Assistant Deputy Speaker, Carol Hughes]

The question is on Motion No. 1.

If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

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

Madam Speaker, I would like to ask for a recorded vote, please.

[The Assistant Deputy Speaker, Carol Hughes]

The recorded division on the motion stands deferred.

The next question is on Motion No. 2. A vote on the motion also applies to Motion No. 3.

If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I would request a recorded vote, please.

[The Assistant Deputy Speaker, Carol Hughes]

The recorded division on Motion No. 2 stands deferred. The recorded division will also apply to Motion No. 3.

At this time the House should proceed to the taking of the deferred divisions at the report stage of the bill.

However, pursuant to order made Thursday, June 23, 2022, the recorded divisions stand deferred until Tuesday, May 16, at the expiry of the time provided for Oral Questions.

The hon. parliamentary secretary to the government House leader has a point of order.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I suspect if you were to canvass the House you would find unanimous consent at this time to call it 7:20 p.m. so we can begin the late show.

[The Assistant Deputy Speaker, Carol Hughes]

Do we have unanimous consent to see the clock at 7:20 p.m.?

[Some hon. members]

Agreed.

The House resumed from May 15 consideration 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, as reported (with amendments) from the committee, and of the motions in Group No. 1.

[The Speaker, Anthony Rota]

It being 3:19 p.m., pursuant to order made on Thursday, June 23, 2022, the House will now proceed to the taking of the deferred recorded divisions on the motions at report stage of Bill S-5.

Call in the members.

The question is on Motion No. 1.

(The House divided on Motion No. 1, which was agreed to on the following division:)

Vote #324

[The Speaker, Anthony Rota]

I declare Motion No. 1 carried.

The question is on Motion No. 2. A vote on this motion also applies to Motion No. 3.

The hon. government whip.

[Steven MacKinnon, Liberal, Gatineau, QC]

Mr. Speaker, I believe if you seek it, you will find agreement to apply the results of the previous vote to this vote, adding the member for West Vancouver—Sunshine Coast—Sea to Sky Country, with Liberal members voting against.

[The Speaker, Anthony Rota]

All those opposed to the hon. minister's moving the motion will please say nay.

It is agreed.

The House has heard the terms of the motion.

All those opposed to the motion will please say nay.

[An hon. member]

Nay.