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

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Madam Speaker, it would be wonderful to have all the necessary levers. Some countries are doing a great job in that regard. One that comes to mind is New Zealand, whose example we could easily follow. Quebeckers are a straightforward people, and we could use the revenues we already have in a straightforward manner, without having this damned federal government that keeps putting obstacles in our way.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Madam Speaker, I am quite pleased to take part this evening in the debate on Bill S‑5 on the environment, especially since it has been nearly three weeks since I was named the official opposition critic on the environment and climate change. I want to thank my leader, the member for Carleton, for trusting me with this exceptional mandate.

It is also exceptional to all Canadians, especially to our children, our grandchildren and our great-grandchildren because they are the ones we need to think about when we consider taking action regarding the environment and climate change.

I am weighing my words. I am the climate change critic because climate change is real. Humankind, men and women, have contributed to it and humankind, men and women, have to participate in mitigating climate change and the impact it has on humanity as a whole and on the planet.

I also want to commend my colleague from Dufferin—Caledon. I have had the honour of working with him for nearly two years. He used to be the environment and climate change critic. He was very helpful and instrumental in the entirely acceptable and honourable transition between my previous duties regarding industry and the ones I am tasked with now regarding the environment and climate change.

The debate today is about 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.

Bill S‑5 is a technical bill that also provides a vision for the environment for the next 50 years. The bill also updates the regulations that have been in force since 1999. It goes without saying that we needed to make some major changes. We should also remember that this bill is more or less the same bill that was introduced as Bill C‑28 in the previous Parliament.

Speaking of the previous Parliament, more than a year ago, the current Prime Minister called an election one fine summer day when he decided that it would be a good idea to spend $630 million of taxpayers' money on an election that resulted in a House of Commons that was essentially the same. In the middle of a pandemic, when he said that we had to focus on the fourth wave, $630 million was spent. When we were in the midst of a fourth wave, the Prime Minister called an election, with the result that today, one year later, we are debating exactly, or just about, the same bill that had already been debated in the House of Commons. If it seems today that the government is not acting quickly enough on the environment, this is proof. The Prime Minister called a $630-million election so that the House of Commons would end up in about the same position, and now we need to start Bill C‑28 all over again.

It is rather surprising that the government decided to go through the other chamber. We know that we have a bicameral system, which means that there are two chambers, the House of Commons and the Senate. Both have the same legislative power. They both have the same power to tax citizens. The government decided to bring back Bill C‑28 but through the Senate this time. Then, the House of Commons needs to examine it. All of this is normal and above board, and I am not in any way trying to call into question the legitimacy of the upper chamber. On the contrary, I greatly appreciate the serious and rigorous work that senators do. They are able to work in a less partisan manner because they do not need to get re-elected. We therefore understand that it is exactly the same thing, but we are still rather surprised to see such an important bill originate in the Senate where there are no ministers, rather than in the House of Commons like normal. I guess I should say “as usual” because there is nothing abnormal about a bill originating in the Senate. I would not say that.

This bill was amended 24 times. The initial bill, Bill C‑28, was introduced again almost word for word in the Senate. The Senate examined it and made 24 amendments. We will have the opportunity to come back to that later, but in our system, it is important to understand that when the Senate makes amendments, the House of Commons must approve them.

If the House does not agree, the bill has to go back to the Senate so that the Senate can say whether it does or does not agree. If it does not, then the bill returns to the House. That can happen many times. Generally speaking, according to parliamentary tradition, a bill is passed in the House of Commons and then it goes to the Senate, which can make amendments. If the Senate does make amendments, then the bill returns to the House of Commons. If the House rejects the Senate's amendments, then the version of the bill passed by the House of Commons returns to the Senate. Usually, the Senate passes the same version, otherwise we can be playing ping-pong for a rather long time, and that may not necessarily be for the good of Canadians. We will see how things go with this 65-page bill.

Basically, as members were saying, this bill is an update of the Environmental Protection Act, 1999, which sets out general priority areas of action for the environment. We are wondering whether we should continue in that direction or whether things should be done differently. The bill talks about how everyone has the right to a healthy environment and about considering vulnerable populations.

When speaking of vulnerable populations, the first words that come to mind are “first nations”. The Conservatives' vision is that first nations must be and are partners in prosperity. When we undertake environmental projects, projects to develop our natural resources, projects that develop what we have on our land for the benefit of all Canadians and humanity through the intelligent use that we must make of it, we have to ensure that first nations are partners in prosperity.

In that regard, I would like to cite the example of natural resources in Quebec, which is a part of the country that I know well, to say the least. I am going to share a secret that I want everyone to keep under wraps. In my seven years in the Quebec National Assembly, I have always had a keen interest in natural resources, which I liked to call “natural riches”. Our resources are clearly riches when they are developed intelligently and respectfully.

Earlier I was listening to my colleagues and friends from the Bloc Québécois rightly talk about Quebec's expertise in green energy and renewable energy. Look at the hydroelectric projects. Let us not forget that Hydro-Québec was founded in 1944 under the leadership of the government of Joseph-Adélard Godbout. Then, in the 1950s, there was a lot of development involving this natural wealth that was the natural resources and the power of hydroelectricity. In 1949, the Beauharnois plant, which was managed by Hydro-Québec, doubled in size. In 1951, work began on the first major dams in the middle of the forest, the Bersimis-1 and Bersimis-2 dams, inaugurated in 1953 and in 1956.

In 1954-55, very serious work began and studies were conducted on the two major rivers in Quebec for their extraordinary potential for hydroelectricity, the Outardes and Manicouagan rivers. In 1958, the Government of Quebec gave the green light for the major development of the seven main hydroelectric power plants that we have on the Ottawa river and the Manicouagan river. Everyone remembers Manic-5. Work there began in 1958.

The was also true for Carillon in 1959-60. The Carillon plant is an interesting example because, as early as 1959, the government had indicated to Hydro-Québec that the plant was to be run by French Canadians, as they were called at the time, in other words, Quebeckers. It was the first time that Quebeckers were responsible for the development of a power plant, and it was inaugurated in 1962, if I am not mistaken.

In short, a great deal of potential was developed in the 1950s and 1960s with the work that was done. I mention this because, in 1965, there was an agreement between the Quebec government and the first nations where the Manicouagan-Outardes project was located. A financial agreement was reached in 1965. It was worth barely $50,000. Six years later, when the Quebec government, under Robert Bourassa, launched the massive project in James Bay, the first nations there were not happy and held large demonstrations to ensure that they would be included as partners in those projects. After years of good faith negotiations between the first nations and the government of Premier Robert Bourassa, the James Bay and Northern Quebec Agreement was established.

I may be wrong about that, which is fine because it will give me a chance to learn more about our national history in Canada, but, to my knowledge, that was the first time there was such a lucrative agreement between equals, a partnership for prosperity between a government and first nations.

That agreement set the bar. In just 10 years, the parties moved from a $50,000 agreement to a permanent agreement for prosperity with positive economic outcomes for first nations and for the Quebec nation in the hundreds of millions of dollars. To us, it is clear that first nations are partners for prosperity in natural resource and environmental project development. I hope my colleagues will forgive me for going off on a bit of a tangent, but I do think it was somewhat interesting.

Getting back to Bill S‑5, let us talk about the toxic substances list. This is the central element of this bill, which addresses the rules for assessment, ministerial powers and products that can become toxic. We all need to realize that science has made incredibly rapid progress, which is a good thing. What was being done 10 years ago is obsolete; it is already outdated. We have to constantly adapt and update our techniques for properly developing and identifying products that are now toxic. Used one way, they may not necessarily be toxic, but if they are toxic, we have to be sure of it and know exactly where they will end up. That is what this bill takes on while at the same time cutting red tape and redundancy.

There was a lot of environmental work happening as well, and some environmental rules overlapped. I would like to mention that responsibility for environmental issues is shared between the provinces and the federal government, and everyone must act in good faith. The federal or provincial governments must not duplicate one another's work or do something twice in order to say they did it while the other did not. We must be effective and we must be partners. Our leader and our party have been very clear on this.

We know that the Quebec government, through its premier, announced about a month ago that it wants to revive major hydroelectric projects. However, that does not necessarily mean building a new power plant in the middle of the forest on a river that is not currently developed. It could also mean refurbishing current facilities or taking a river with an existing dam and building a second one next to it. That is exactly what happened with Manic-5 in the 1970s. Another outlet was created on the west side, and it was named Manic-5-PA. A second power plant could be built off an existing dam to produce energy, not as much as the first, but still quite a bit.

These are projects that we believe in. If the government has the will to forge ahead, we have full confidence in the province's environmental assessors. There is no need for federal assessments in this case in order to accelerate access to this green energy, this hydroelectric energy.

That is why it is also important to update all the products related to the environment and human activity, especially chemicals. We fully support this update. It needs to be updated.

Where we do have concerns, however, is regarding how to go about updating it. This could lead to agreements that might undermine future efforts. It is important to understand that decisions in this field must be based on science as much as possible. They must be as rigorous as possible, and they need to take into account all the technological and scientific advances that are being made to identify a particular product. A particular product may be toxic initially, but when better treated, when properly treated and placed in the right location, perhaps it can be a creative source. We need to be careful in how this is defined. Nevertheless, the industry also needs to be aware of this situation and think about how to remove a product that is toxic today but could be made non-toxic later on with proper and effective treatment. This needs to be proven.

I am going to talk about risk management, but first I want to talk about the general principles that we agree on.

We agree with the principle of the right to a healthy environment. That goes without saying, although I might add that this is nothing new. I learned that this morning by doing some research and talking to some people who are a lot more familiar with this file than I am. The state of Michigan enshrined this fundamental principle in law in 1970. They did that over 50 years ago in Michigan, a very industrial state in the heart of the United States. That description of Michigan is a bit of an understatement since Michigan is home to so many industries, including the auto industry. That state enshrined in law the principle of the right to a healthy environment in 1970. To my knowledge, it has not gone bankrupt yet. Yes, we can live like that.

The same is true of Yukon, which enshrined this principle in its legislation in 2002.

As I said earlier, Bill S-5 seeks to reduce the red tape and the duplication of work for the shared provincial and federal jurisdiction. As long as everyone agrees, as long as work is not duplicated and, most importantly, as long as neither government steps on the other's toes, I am sure everything will go well.

That is why, as I stated earlier and mentioned in a question to my Bloc colleague from Abitibi—Témiscamingue, we have confidence in the provinces, whether for Hydro‑Québec projects or the third link project.

Let us come back to the issue of risk management.

It is a very delicate situation that deserves to be well known. Canada has laws concerning risk management that are among the best in the world. We are known and renowned for that. It is nothing new because the chemical and petrochemical industry has existed in Canada since Confederation. We have always been a leader in development, but also in risk assessment, especially over the past 50 years.

Canada is a world leader in risk management in several areas. I had the pleasure of describing the development of Quebec's hydroelectric sector in detail and the major projects that were implemented in the 1950s, 1960s and 1970s and on James Bay. Our expertise in hydroelectricity is world renowned.

The same goes for carbon capture. Here in Canada, we have developed techniques and made some cutting-edge technological and scientific breakthroughs. We should be proud of this knowledge, which we can export, because pollution is a global problem. Other places in the world do not have the same stringent standards as Canada, and unfortunately, pollution travels.

In Canada, we have champions in the areas of green, solar, wind and hydroelectric energy and carbon capture. Let us be proud of our accomplishments and our national success stories. Let us also be proud of what we are capable of doing to export them. This creates wealth for our country, but above all, it creates wealth when we share our expertise with the rest of the world so the entire planet recognizes and agrees that Canada is a leader in many fields and that its leadership will benefit all of humanity.

When a pollutant like CO2 arrives at the border, it does not bother with the ArriveCAN. It wastes no time crossing the border and coming straight into our country.

Canada is not the only country facing major problems because of climate change. Canada has valuable expertise, and we need to spread the word. We need to champion that expertise.

I want to come back to Bill S‑5. I have one minute left and just enough time to say that 24 amendments have been proposed and we have concerns about nine of them. They are the ones we think create more problems and more red tape, so we should be more wary of that.

In closing, for us as Conservatives, climate change is real, humans are partly responsible for it and they must make the necessary efforts to correct the situation. Since this government came to power and implemented the Liberal carbon tax, pollution in Canada has not decreased. On the contrary, it has emptied the public's wallets and people are not getting their money's worth, contrary to what the Liberals say. The Parliamentary Budget Officer has said as much.

For us, the environment is first and foremost about reducing greenhouse gas emissions through research and development and access to green energy. We want to accelerate the implementation of projects and promote Canadian expertise.

[Lloyd Longfield, Liberal, Guelph, ON]

Madam Speaker, I thank the hon. member across the way. I am looking forward to working together with him on the environment committee. I also congratulate him on his new posting with respect to the environment.

As the hon. member was speaking, I was thinking about some of the practicalities of having a national collaboration on environmental protection. Companies like Rio Tinto Alcan, which is in British Columbia and Saguenay, are doing wonderful work in both places. How important is it that we have a standard that the provinces, the territories, indigenous people and the Canadian federal government all agree on so businesses doing business across Canada can all be working toward the same environmental protection standards?

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Madam Speaker, I welcome the comments of my colleague. Yes, we will work together hand in hand for the future of this country and on environmental and climate change issues.

What the member has highlighted is something I truly believe in. The private sector knows how to deal with pollution, not the government. Those people are the ones who know how to address it. They know where the problem is and how to solve it because they are researchers and scientific people. They know what they are doing with respect to that.

I am very proud to see that, from coast to coast, big companies are getting involved more than ever with respect to reducing pollution. First of all, the best energy is the energy we do not use. It is the greenest energy. Therefore, if we reduce our demand for energy, if we see the fact that when we do something we create pollution, we could achieve great things. However, first and foremost, it is not the government who knows how—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

We will continue with questions and comments. The hon. member for Jonquière.

[Mario Simard, Bloc, Jonquière, QC]

Madam Speaker, first I want to congratulate my colleague, who is now the environment critic. That is a big file, so bravo.

I was listening to him earlier and I was reminded of Bill C-225, which I introduced in 2020 and which gave Quebec precedence with respect to environmental assessments. My Conservative colleagues' penchant for oil is rather troubling. If there were ever an oil or gas pipeline project that did not suit Quebec, I wonder whether my colleague would agree that Quebec's prerogative should be respected.

Earlier he said that he had confidence in Quebec and in Quebec's legislation regarding the third link. I remember a Conservative project involving an energy corridor. Should that energy corridor be subject to Quebec's environmental assessments? If that did not work, would my colleague agree that Quebec's rules and laws take precedence over—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

Order.

The hon. member for Louis-Saint-Laurent.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Madam Speaker, I am pleased with my colleague's question, but I am a bit upset that he did not use the word “skeptical”. Generally when he hears a Conservative member, he says he is skeptical, so I am a bit upset, but I think he will have another chance. Obviously I am just teasing my colleague.

The question he raises is very important, especially when it comes to pipelines. The member must know that Jason Kenney did not invent pipelines. There have been pipelines in Quebec since 1942. Do members know how many kilometres of pipeline there currently are in Quebec? The answer is nearly 2,000. Do members know that there are currently pipelines under the St. Lawrence River? There are not just one, two or three. There are not just five, six, seven or eight, either. In fact, there are nine.

Does the member know that, in 2012, Quebec launched a brand-new pipeline? That pipeline is not in a so-called remote region, with all due respect to the people who do not live in city centres. This is a St. Lawrence pipeline that starts in Lévis and goes to Montreal, spans 248 kilometres, 630 different lands and crosses 26 waterways in the St. Lawrence River. This pipeline has been in place since 2012 and operates so well that no one is aware of it and no one talks about it.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, I would also like to congratulate the hon. member for Louis-Saint-Laurent on becoming the environmental spokesperson for his party, and for that reason I will listen with care to his answer to my question.

A recent study from Environmental Defence found that 30% of products in well-known dollar stores contained heavy metals, such as lead, and toxic chemicals. Studies have shown that nine out of 10 Canadians have been found to have endocrine-disrupting chemicals, which have been used widely in consumer products, in their bloodstream. Would the member support improvements to this bill to require the mandatory labelling of hazardous substances in consumer products so that Canadians know what dangers they are exposing themselves and their children to?

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Madam Speaker, first of all, we would like to see what the amendment is precisely. I am quite sure the member would do it correctly, and we will study it very seriously when he tables the amendment.

Obviously, when we talk about a toxic situation, we do not want to see people having access, freely, to some difficulty. There is a lot of debate on that, but first and foremost, we have to study it based on the scientific proof. The more scientific proof we have, the more research we do, the better we are. When we talk about the environment, there are great steps that we have moved forward on in the last decade and in the last century, and I really believe that, in Canada, we have the scientific people to achieve great things together.

[Colin Carrie, Conservative, Oshawa, ON]

Madam Speaker, my question has to do with the plastic industry, and my concern is with the virtue signalling of this government.

For example, 93% of the plastics that are going into the ocean come from 10 rivers, and none of them are in Canada. However, we are moving to paper straws, for example, from plastic straws. Now, the life cycle of a plastic straw is 1.5 grams of CO2 compared to the paper one, which is 4.1 grams of CO2. There maybe a well-meaning purpose here, but the government is not looking at the science.

Could the member comment on the virtue signalling versus the concrete action that needs to be done for Canada with the bill before us?

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Madam Speaker, my colleague is a doctor, and I am very pleased to see him here in the House of Commons.

Based on the member's question, I think we have a responsibility, first of all, as citizens. Do we need to have access to something that is polluting? This is what we have to keep in mind. Do we need it, or can we do things differently to reduce our footprint of pollution?

Yes, government has a responsibility, as does business, and scientific people can help us to make a good choice, but first and foremost, as Conservatives, we believe in the individual freedom of choice of the people, and this freedom of choice also calls for responsibility. As citizens of the world, we shall be very protective of our environment.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, having a right to a healthy environment is really what Bill S-5 is all about, and there are a number of initiatives in there to advance us on that.

However, the member opposite made reference to indigenous issues in the province of Quebec under Premier Bourassa and being very sensitive to that. However, one of the calls for action that I believe could technically be incorporated into the legislation is the obligation to work with and consult indigenous communities. I wonder if my colleague could provide his thoughts, in thinking of a healthy environment. Would it not be absolutely wrong for any political entity in the House to not recognize the value of that consultation and incorporating UNDRIP into the legislation?

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Madam Speaker, consultation does not give veto rights, which is why we have to work together hand in hand and be sure that each and every person who is involved in a project are partners in its prosperity.

Again, I will give the great example of the agreement of the Government of Quebec and first nations in 1975 for the James Bay project. It was huge. It was almost half a century ago, and we may have achieved that kind of agreement before, but as far as I am concerned, this was the most efficient deal that we had between a government and first nations.

We did that in 1975, but just 10 years before, in 1965, the Quebec government gave $50,000 to first nations, and that is not the way to do it. However, 10 years later, we achieved great things. Yes, as long as I will be here, and as long as we have those kinds of projects, I will always work hard to ensure that first nations—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

We will resume debate with the hon. member for Saanich—Gulf Islands.