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

[Robert Gordon Kitchen, Conservative, Souris—Moose Mountain, SK]

Madam Speaker, we need to look at the aspect of plastics as we move forward. I agree that there are steps that can be used to utilize that, but it ultimately comes down to people doing the—

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

We have to resume debate.

The hon. member for Battle River—Crowfoot.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, the intervention that was made previously was interesting. I just heard a comment in one of the questions from somebody who is often heard in the House about how this is not somehow a government bill. I would just like to put on the record that the government's representative in the Senate moved this bill. It went through that process in the Senate with some amendments, some of which are concerning. I am certainly now glad to have the opportunity to enter into some fulsome debate.

Being that I represent what many, and even I, would refer to as oil country, many would suggest somehow that I do not care about the environment. In fact, those accusations have been made in this place. I would like to set the record straight on a number of fronts. I care deeply not only about our environment, but also about our planet's future. I would emphasize that by articulating a couple of things.

One is that I am the fifth generation to farm in Alberta's special areas. For those who listening, and I am sure there are many, who do not understand some of the dynamics around farming, if one does not take seriously the responsibility for conservation, environmental preservation, land management and soil management, one does not succeed in farming, let alone survive six generations. I know that I am proud every moment I have my kids come and ride with me in the combine or the tractor.

Second, the next thing I would like to articulate is something that many in this place, I have heard throughout the course of this debate, would suggest that supporting Canada's oil and gas industry is somehow oppositional to supporting a strong environment. In fact, a comment was made earlier about how supporting a plastics industry in this country is somehow oppositional to supporting a clean environment. I would like to articulate very clearly how that could not be further from the truth.

I am proud to represent an area, as I said, that has a strong legacy of oil and gas production, much of which goes into creating not only the fuel that powers the planes we fly in and the vehicles we drive but also so many of the things in our lives that include petrochemical-based products. The fact is that in Canada, we have good environmental legacy on that.

Something that needs to be pointed out is that, in Canada, we are the best at talking about why we have the emissions frameworks and all of those other things surrounding it, so we can not only talk about being good on the environment, but also know that we are good on the environment. So many places around the world refuse to even account properly for their impact on the planet, whether the impact is of emissions, ground contamination or a whole assortment of some of the challenges that come out as a result. We have much to be proud of in this country.

It frustrates me. I do not exaggerate when I say that I hear daily from many constituents who are frustrated by the left's attitude. That is the Liberals, the New Democrats, the Bloc and the Greens. I hear how frustrated many constituents are at the ignorance that is displayed toward the standards that we have in this country.

As we approach Bill S-5 and some of the concerns I have surrounding a number of the regulations, and further concerns about some of the amendments that were made in the Senate, we need to ensure that we are talking to the stakeholders involved and not have unintended consequences by passing legislation that would change regulatory frameworks, which may not have immediate consequences but could have long-term implications, and not just for Canadian industry. We need to ensure we understand all the aspects of that.

I am so proud of how my constituency has stepped up when it comes to being an environmental leader around the world. To emphasize that, Red Deer Polytechnic, formerly Red Deer College, has a team that included a former constituent of mine from Stettler. As I was walking into the debate here, my constituency assistant sent me an article talking about how this former constituent was a part of a team that had won an award for how they were able to reduce emissions in the production of things like solar panels.

I have numerous examples of how there have been emission reductions in the energy industry and world-class quality products in terms of water management, being able to take even tailings pond water and make it so pure that it could be used for drinking water. There are so many examples, including carbon capture, utilization and storage. The fact is that we can have even carbon-negative oil in this country.

The reality is, and I will end on this, the world simply needs more Canada, whether it is our resources, our ideas or the standards to which we accomplish so much. Whenever we talk about the environment, I am tired of having to apologize for the fact that I come from an area of the country that knows how to do energy and agriculture well, both of which by their very nature are offensive to many.

We do them well. In fact, I would suggest we do it the best in the world. It is time for us to be proud of that, and not only within this place, but to make sure that we take those lessons learned and promote them around the world. If we do so, Canada and the world wins.

The House resumed from October 24 consideration of the motion that 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, be read the second time and referred to a committee.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, as always, it is an honour to enter into debate in this place and stand up for the people of Battle River—Crowfoot. In the short amount of time I have left, I have some further points to make on Bill S-5, but I will note something that I hope the Speaker will give me a slight amount of leave to discuss, which is Hayden's Hopeful Journey.

This is the story of a young man from a community not far from my own who, even though he is just in grade 12, is facing his second battle with cancer. I had the honour this past weekend to participate in a perogy supper fundraiser, where we heard some stories about Hayden and the strength and resilience of this young man. Although he is facing something many people never face in their lifetime, he is doing so with determination and grit and with the support of the community through the perogy dinner fundraiser, an online auction that took place over the course of the preceding weeks and a GoFundMe page, where the true generosity of rural Alberta has been demonstrated.

I will take this moment in the House of Commons, wearing a green ribbon, to recognize Hayden's Hopeful Journey and Hayden Buswell. I acknowledge him and wish him all the best. My family's thoughts and prayers are with him as he battles this terrible disease.

I will wrap up a few points on Bill S-5, the bill before the House.

I dealt with a number of the overall aspects of what Bill S-5 would accomplish, but some of the concerns I have heard about this bill have less to do with the original text of the bill. Rather, they are about some of the amendments that came forward during the study that took place in the Senate.

Everyone watching will know that I represent an area of the country that is proud to have what I call two legacy industries. One is agriculture. The 53,000 square kilometres of rural east central Alberta that I represent has a proud history of being incredibly productive for agriculture in its many forms. Further to that, the second legacy industry that I talk often about is the energy industry. Bills that have a direct and indirect impact on both of those fields certainly make a significant impact on how we approach many of these issues.

Having heard much of the debate that has taken place on Bill S-5, I think it needs to get before the committee so we can study the specifics. In the moment I have left, I will note how important it will be to examine the amendments that were made in the Senate. I have heard from constituents and a number of stakeholders who have expressed some concerns that the unintended consequences of some of the amendments made by the other place may have a negative effect on both our economy and the environment.

I look forward to being able to expand further on this in questions. I am thankful for this opportunity.

[Terry Duguid, Liberal, Parliamentary Secretary to the Minister of Environment and Climate Change]

Madam Speaker, I thank the hon. member for his emotional tribute to Hayden. I know everyone in the House joins with him in wishing Hayden well and a speedy recovery.

I thought I heard the hon. member say that he was very interested in the amendments coming from the other place and looking at them more thoroughly. I wonder if he supports speedily getting this bill to our environment committee, which I serve on, by the way, with him, to look at these amendments more closely.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, I will certainly pass along the best wishes to Hayden and his family.

I am not sure I have had a chance to expound in this place on my new role as vice-chair of the committee on the environment. I am very excited to be able to stand up for the people of Battle River—Crowfoot in that role.

I find it interesting and ironic that whenever a bill comes before the House and seems to be debated at any length, not even an extended period of time, the automatic response of any member of the government is that the only path forward is that of no debate or that we are being obstructionists. I hear from constituents daily, and I am not exaggerating when I say “daily”, that they expect me, as their member of Parliament, to take a serious look at every aspect of the legislation that comes before this place and to take the time necessary to do the job we were all elected to do: to study, consider and debate bills in the House of Commons. If the bill passes with the will of Parliament, I look forward to being able to look at it more in depth at the committee stage of the process.

Just because the government does not want to spend time doing a fundamental aspect of its job does not mean the Conservatives do not. I find it incredibly demeaning to the democratic process that they—

[The Assistant Deputy Speaker, Carol Hughes]

Questions and comments, the hon. member for Avignon—La Mitis—Matane—Matapédia.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, the government widely promoted this bill as a modernization of the Canadian Environmental Protection Act that would finally grant people a right to a healthy environment. When the government gave a briefing on its bill, civil servants were asked if the bill would truly give a right to a healthy environment. Their response was simply “no”, that will not be the case. It might happen when legislation is implemented more than two years from now, but for the time being, it will not.

Does the member agree with me that it is unfortunate that the Liberal Party is engaging in political marketing with this right to a healthy environment when, in fact, that will not happen when the bill is passed?

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, I think the member highlights an important point. I have said often that the only thing the Liberals are good at is politics. They have shown time and time again that they are failures when it comes to policy, implementation and ultimately governing this country.

When it comes to their record on the environment, it is deplorable. They have never met a target. They have missed virtually every emissions target they have ever implemented. They have a tax plan, not an environment plan, and are quick to demonize anybody who points out the facts in this regard.

Canadians should have the right to a healthy environment, but that includes being able to ensure we have an industry and technology that allow for that to not only be the case here in Canada. Canada can and should be a leader in the world when it comes to ensuring that the entire planet has the tools, resources and ability to have a healthy environment.

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Madam Speaker, I appreciate hearing my colleague speak today about some very important points to his constituents, particularly wishing Hayden the best.

This bill would take up what was a temporary trial experiment in regard to chemical management, put forward by the Hon. Rona Ambrose under Mr. Harper. There were a number of amendments made by the Senate without having any practical knowledge of it.

Does the member think the system that was developed has stood the test of time? Does he believe those changes require proper study before amending the bill?

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, I will pass along the best wishes to Hayden and his family from this place.

I think we have highlighted again that it is absolutely essential for us to do our jobs in this place. The member points out that Conservatives have a strong history and legacy of good environmental management and protection, and of acknowledging the complicated way that has to be accomplished. Certainly, when it comes to committee, we need to make sure we look at the amendments the Senate made and the full subject of the bill to ensure we get it right, because jobs and our environment depend on it.

[The Assistant Deputy Speaker, Carol Hughes]

This brings us to the end of the 20-minute speeches. We are now down to the 10-minute speeches. Therefore, I would like to recognize for debate, the hon. member for Calgary Shepard.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, what a great privilege it is always to rise on behalf of my constituents. It is just too bad I missed my opportunity to be recognized to speak for a 20-minute slot now that we have moved past the first five hours of debate.

It is always a privilege to be speaking on behalf of my constituents and rising to share some of their views. On this legislation, it is a bit more difficult. It is 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, which then reminds me of a Yiddish proverb.

I will save members the Yiddish pronunciation, but it is that a man studies until he is 70 and he dies a fool. I am always gratified to learn of new things that I do not know. Oftentimes, as parliamentarians, we need to be reminded how much we do not know both by our constituents, but also by reviewing legislation such as this. If they had asked me before I was first elected back in 2015 if this type of legislation was on the books, I would have said I did not know.

Therefore, I want to offer up a bit of history on how we have come to this point where we are modernizing this act. From the outset, while I do have quite a bit of concern with the contents of the legislation, different parts of it and how we have come to this point, I will be supporting it. The Yiddish proverb is a reminder that there is always more to learn and I am always learning more about what the legislation says.

One key that I have heard from constituents in the past is about beauty products. I have a lot of constituents in my riding who are entrepreneurs and they run smaller, unique-product companies. They were specifically worried about toxic substances. Toxicity, of course, is primarily based around how much of the substance there actually is, and we should keep that in mind. This legislation would split the list of toxic substances into two schedules: one with the highest risk to health and environment; and two, lower risk but still regulated.

Some of the other things the legislation proposes to do is mostly to reduce red tape. A lot of different stakeholder organizations and industry sectors are quite supportive of this. They would have less paperwork to fill out. It would be a more streamlined process. Again, reducing redundancies and unnecessary red tape, or paperasse as they call it in French, is necessary. Especially nowadays when people have so much opportunity to use digital methods of delivering services and informing government regulators, it is an opportunity to do that.

With respect to the process of how we got here, it has taken five years for the government to get to the point where it is offering up these modernizations in Bill S-5. This government legislation came through the Senate, which is the complete reverse of how this place is supposed to work. The House of Commons is supposed to consider legislation and send it to that other place, the Senate, to then do sober second thought. Now we are doing the complete reverse.

Bill S-5 should have come to us as government legislation from the government benches so we could consider it here first. Because that work was not done in the House of Commons, the senators did it. They passed 24 amendments, and I have concerns with many of those amendments. The legislation would be made worse through these amendments. If we amend Bill S-5, it would go back to the Senate for reconsideration, and it will go back and forth.

During this debate, I have heard several government caucus members say that they want to expedite this bill. They are worried that the bill is not going through the process fast enough. Of course, any one of us here is allowed to rise on behalf of our constituents and try to catch your eye, Madam Speaker, to speak to the legislation on behalf of our constituents. After five years of waiting to get to the point where the Liberals are and then claiming that it needs to be expedited, knowing full well that a single amendment passed at the environment committee or at report stage by the House would send the bill back to the Senate, is a dishonest way of going about the debate. With respect to claiming that opposition parties are delaying it, debate is not delaying. Debate is careful consideration of government legislation.

There are many amendments with which I have problems. Maybe I will spend just a bit of time on the preamble question, because it has been crowed about quite a bit by government caucus members that a right to the environment is being inserted into law. Some opposition members outside the Conservative Party have mentioned the fact that it is not an actual right to have a healthy environment.

In fact, that portion in the modernization of the act is being inserted in the preamble. During his intervention on this legislation, the member for Dufferin—Caledon reminded the House that when it is in the preamble, it is often not considered by justices, by judges, if a matter comes before the court. Placing it is in the preamble essentially means that it is just something one reads ahead of time, but it is not the substance of the legislation.

The government's claim, after five years of this “consultocracy” that it has set up, is that we now we have to expedite it through the House of Commons and quickly get it to committee. Then at committee, I am sure the members will say the same thing, that they need to get it quickly through committee in order to get it back to the House to be considered, and probably with no amendments. We saw that the Senate had a substantial amount of amendments to the legislation. However, it has been moving at a glacial speed, and it is not the job of the House of Commons to act like a slot machine.

We do not just roll in government legislation, either from the Senate or the floor of the House, and then expect members to say yes to everything and pass it on to the next stage. There are members here who can weigh-in on the legislation. There are Conservatives members who are professional engineers, such as the member for Sarnia—Lambton. She has expertise in this material and she can share that with the House. There are members who were, in their previous lives, builders. There are members who, in their previous lives, worked for chemical companies. They can all make a contribution here. Also, we come from different ridings where we have major industrial energy projects, major mines being built or are operating, which can provide insight into how legislation like this should function, and that insight should come to the floor of the House of Commons.

I will also mention on this preamble component that the Liberals are adding for a healthy environment, which is something that is completely unenforceable. They say they cannot define it further and will need another two years to figure out what it means. Therefore, not only are we being told that we have to rush the legislation through, probably without amendment after the work of the Senate, but that they will take another two years to figure out the substance of the communication on the legislation. Essentially, it is a modernization and reduction of red tap and not actually an environmental piece of legislation.

We have seen this before. The carbon tax, for example, is not an environmental plan but a tax plan. Also, the cut on taxes for the middle class actually resulted in every member of Parliament earning a bigger tax cut than a Canadian who was not in a middle income bracket. Actually, anybody earning less than $43,000 got nothing from the government in that tax cut. To get the full tax cut, one had to earn the full $93,000 to be at the top end of that middle-income tax bracket.

The Liberals do this all the time. They claim one thing in legislation, which is actually something completely different, and then after many years of consulting, they say that things must be expedited through the House to have the legislation pass. I have seen it happen many times before.

I would rate this legislation as a C-, but it has given me an opportunity to go back to my Yiddish proverb. It has also given me an opportunity to look at legislation about which constituents of mine do care. They want a healthy environment. They want to know that toxic substances are being reviewed and considered, and that there is some type of goal post in place for different industries and entrepreneurs to look at before they decide what to put into their products and how they make their products.

At the same time, they do not want more years of consulting after the fact. They do not want framework legislation; they want legislation and enforcement that works, that is reasonable and that is not over the top. We are not trying to manage the economy, we are trying to be good stewards of the economy, and legislation like this is trying to reach that point. We always have an opportunity to learn something new, and that was the Yiddish proverb, that a man studies until he is 70 and dies a fool. It is a reminder to all of us that there is always something new to learn.

My offering to the Liberals is that they can learn something new through the legislation they are now trying to rush through the House. The 24 amendments they received from senators, and some of them made the legislation worse, is a reminder that legislation should start in this place. They should consult more with the House of Commons and members of Parliament before they bring forward legislation like this.

Despite that, I will be supporting the legislation to get it to committee so that, hopefully, we can fix it there and make further amendments, which will then further delay the bill. However, that is not our fault. We are here for the people to ensure we pass legislation that makes sense for them.

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Madam Speaker, I enjoyed my colleague's speech.

Strengthening environmental protection is a good thing. We are not against virtue. However, based on what my colleague said earlier, I am wondering whether this is just wishful thinking. Is there not something else we could focus on to ensure a healthy environment after this bill is passed?

What commitments could the Conservatives make to improve the environment for all of their constituents?