The House is on summer break, scheduled to return Sept. 15

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 bill is from the 44th Parliament, 1st session, which ended in January 2025.

Status

This bill has received Royal Assent and is now 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 .

Similar bills

C-28 (43rd Parliament, 2nd session) Strengthening Environmental Protection for a Healthier Canada Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-5s:

S-5 (2021) An Act to amend the Judges Act
S-5 (2016) Law An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts
S-5 (2014) Law Nááts’ihch’oh National Park Reserve Act
S-5 (2011) Law Financial System Review Act

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

The EnvironmentOral Questions

June 14th, 2023 / 3:10 p.m.


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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, Bill S‑5, the bill modernizing the Canadian Environmental Protection Act, which had not had a major overhaul in more than 20 years, received royal assent yesterday.

More than 50 hours were spent on this bill in parliamentary committee. The newly strengthened legislation includes major advances in protecting the environment and human health.

Can the Minister of the Environment and Climate Change tell the House about the next steps in implementing the framework for ensuring the right to a healthy environment?

The Speaker Anthony Rota

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

June 13, 2023

Mr. Speaker,

I have the honour to inform you that on behalf and at the request of the Right Honourable Mary May Simon, Governor General of Canada, Christine MacIntyre, Deputy to the Governor General, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 13th day of June, 2023, at 6:09 p.m.

Yours sincerely,

Ryan McAdam

Director, Office of the Secretary to the Governor General

The schedule indicates the bill assented to was 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.

Message from the SenateGovernment Orders

June 13th, 2023 / 6:45 p.m.


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The Deputy Speaker Chris d'Entremont

I have the honour to inform the House that a message has been received from the Senate:

That a message be sent to the House of Commons to acquaint it that the Senate agrees with the amendments made by the House of Commons to Bill S-5, An Act to amend the Canadian Environmental Protect Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act, without amendment.

Opposition Motion—Climate ChangeBusiness of SupplyGovernment Orders

June 8th, 2023 / 1 p.m.


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Liberal

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Madam Speaker, as I begin speaking about this very important topic in the motion, which, in part, asks us to stand in solidarity with and express support for all those affected by the current forest fires and to acknowledge that climate change is having a direct impact on people's quality of life and is exacerbating the frequency and scale of extreme weather and climate events, I want to extend my heartfelt gratitude to all the firefighters working night and day to control and put out the over 431 fires raging across our country in over seven provinces and territories.

I come from a very urbanesque riding, where people do not get to see what forest fires are really all about. Over this past week, I heard from constituents, and have experienced myself here in Ottawa, what smog from a forest fire hundreds of kilometres away feels like and the impact it has on our health and well-being. Schools in my riding have cancelled classes and recess to prevent kids from going outdoors so they are not breathing in a lot of really toxic fumes.

We tend to think about climate change as a concept that is out there, which we do not really connect with in urban centres like mine, but the forest fires this year have really grounded people, in my riding especially, in what the reality of climate change is, in Canada and across the world. It really begs the questions of what we can do, when we should have done it and how we can accelerate the process to ensure that the track we are on is delayed, smothered and stopped.

In the past seven years of the Liberal government, there have been significant steps taken. Bill S-5 is one of the very good ones that ensure recognition that climate change is, indeed, a crisis right now. We do need to invest further in protecting our environment, not just here in Canada but also in building partnerships abroad. More and more Canadians are realizing now that climate change is real.

What has happened so far this year, and what is anticipated to happen over the next weeks and months, with forest fires in our country is setting for us a very clear path forward: We need to protect our planet. We need to do it by partnering with industry, civil society and all levels of government here in Canada through multilateral partnerships, and we need to do it with individual Canadians, because until and unless we really all come together on this, the outcome does look bleak.

The climate crisis right now is more urgent than ever. Canada is already experiencing an increase in heat waves; wildfires, as we have seen; and heavy storms. The poor air quality here in Ottawa over the last few days, as a result of the forest fires, is just a very small example. The impacts and the economic and health repercussions that come with them will continue if we do not accelerate what we are acting on now.

Since 2015, the government has taken significant action to protect the environment, to conserve nature and biodiversity, and to respond to the threat of climate change. Even so, we need to do more, and that is what I am hoping this motion will continue to do: push us and drive us together collectively, as a whole of government, partisan politics aside, to really tackle the issue of what climate change looks like now, what it will look like 50 years from now for our children and grandchildren, and the impact it will have on their lives.

We know the world's major economies are moving at an unprecedented pace to fight climate change, retooling their economies and building the net-zero industries of tomorrow. In fact, earlier today I had a conversation with one of those companies that is part of that industry, talking about its pathways initiative, which would lead to net zero; its investments in clean technology; and how they could transition. When industry comes together, when companies come together, when they work with government and when they work with indigenous communities, that is how we are going to develop a foundational, strong pathway forward to fighting climate change. The accelerating transition to net zero has started a global race to attract investment, as our friends and allies build their clean economies.

Canada has to keep the pace; we cannot afford to fall behind. Despite our competitive advantages and the foundational investments we have made in building Canada's clean economy over the past seven years, there are two fundamental challenges Canada has to address. The first is that many of the investments that will be critical for the realignment of global supply chains and the net-zero future are large-scale, long-term investments. Some investments may require developing infrastructure, while others may require financial incentives or a patient source of financial capital. For Canada to remain competitive, we must continue to build a framework that supports these types of investments in Canada. That is what we are doing with budget 2023.

Two weeks ago, I was happy to announce an investment by the government into a clean-tech company in my riding, Stromcore, which is now building batteries to replace biodiesel, to replace fuel in the manufacturing industry, for forklifts. Its work is profound, cutting-edge and part of the whole conversation about how we transition to being clean, to ensuring that climate change is curbed and to ensuring that our future generations have a clean environment to live in.

The second challenge is the passage of the United States' Inflation Reduction Act. It poses a major challenge to our ability to compete in the industries that will drive Canada's clean economy. Canada has taken a market-driven approach to emissions reduction. Our world-leading carbon pollution pricing system not only puts money back in the pockets of Canadians, but also is efficient and highly effective, because it provides a clear economic signal to businesses and allows them the flexibility to find the most cost-effective way to lower their emissions.

I realize that Canadians, during this very difficult time, feel the pinch, but the majority of people in my riding understand and appreciate that, yes, we do need to feel the pinch because we do have a world to protect, we do have to fight climate change, and each and every one of us has to do our part. This includes the current government, past governments and future governments. It includes all levels of government, civil society, individual Canadians and, across the board, the global community.

There is so much more we need to do. I am very proud of the efforts the Liberal government has made in ensuring that we are fighting climate change, that we are providing resources as these wildfires rage, and that we are working together with all parties across the aisle to ensure that we continue to fight that good fight.

Business of the HouseGovernment Orders

May 18th, 2023 / 3:45 p.m.


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Moncton—Riverview—Dieppe New Brunswick

Liberal

Ginette Petitpas Taylor LiberalMinister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency

Mr. Speaker, when we return the Monday after the week in our ridings, the agenda will include debate at third reading of Bill S‑5, an act to amend the Canadian Environmental Protection Act.

Tuesday and Thursday will be opposition days. On Wednesday, we will resume debate at second reading of Bill C‑42, an act to amend the Canada Business Corporations Act.

On Friday, we will begin debate on Bill C‑40, miscarriage of justice review commission act, also known as David and Joyce Milgaard's law.

I would also like to take this opportunity to inform members that we have posted the position of law clerk and parliamentary counsel in the House of Commons. I encourage members to share that job posting so that we can be sure to find a permanent law clerk as soon as possible to support the important work that we do as parliamentarians.

Again, we have done the process in French and English.

With that, I would like to wish all parliamentarians a wonderful constituency week. I know that we are going to be busy in our ridings.

Northern AffairsAdjournment Proceedings

May 15th, 2023 / 7:10 p.m.


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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, my questions are timely, given the debate earlier today on Bill S-5, the strengthening environmental protection for a healthier Canada act.

When I originally asked about the Kivalliq hydro-fibre link project back in February, it was before the budget was announced. Since then, budget 2023 has mentioned the Kivalliq hydro-fibre link. This is now the second time this major Nunavut clean energy project is mentioned in a federal budget.

Unfortunately, this is also the second time a budget failed to give this transformative project the direct funding it needs to proceed to its next stage of development. By failing a direct and immediate funding commitment, the government is not addressing Inuit self-determination and is disregarding the almost decade-long efforts invested in the project.

By avoiding the funding of this project, the government is failing to meet its international obligations to combat climate change. Communities will continue to rely on diesel, rather than transition to the use of renewable resources to power Nunavut communities.

The Kivalliq hydro-fibre link project would meet the whole territory’s greenhouse gas emissions target for 2030. It would create generational socio-economic opportunities for Nunavummiut, and it would secure the Arctic in very tangible ways.

Inuit were led to believe that the government would walk the talk. Promises keep being made, yet Inuit see nothing. Inuit are treated under a one-size-fits-all approach of tax credits and Natural Resources Canada’s funding. Being mentioned within the tax credits section of the budget announcement does not meet the promises made by the government. These tools are great for big corporations and Crown corporations with extensive balance sheets. Outside of these tax credits and small funds, what is the government’s plan for the Kivalliq hydro-fibre link project?

Business of the HouseGovernment Orders

May 15th, 2023 / 1:30 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)

Madam Speaker, there have been discussions among the parties and if you seek it, I believe you will find unanimous consent for the following motion:

That, notwithstanding any standing order, special order or usual practice of the House,

(a) Bill C-45, An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act, be disposed of as follows:

(i) the bill be deemed concurred in at report stage, as amended, upon the adoption of this order;

(ii) the bill be ordered for consideration at the third reading stage later today after the taking of the deferred recorded divisions,

(iii) when the bill is take up at the third reading stage, one member of each recognized party be allowed to speak for not more than 10 minutes followed by five minutes for questions and comments,

(iv) at the conclusion of the time provided for this debate or when no member rises to speak, whichever is earlier, the bill shall be deemed read a third time and passed; and

(b) the order adopted earlier today under the provisions of Standing Order 78(3) still apply to the proceedings on 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, and that today's proceedings on the bill count as the further sitting day allotted for debate at report stage.

Bill S-5—Time Allocation MotionStrengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 15th, 2023 / noon


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Madam Speaker, I move:

That in relation to 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, not more than one further sitting day shall be allotted to the consideration of the report stage and not more than one sitting day shall be allotted to the consideration of the third reading stage of the said bill; and

That fifteen minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at the third reading stage of the said bill, any proceedings before this House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the bill then under consideration shall be put forthwith and successively without further debate or amendment.

Business of the HouseGovernment Orders

May 11th, 2023 / 4:20 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I appreciate the question, which is an important one. This is such a busy time for the House of Commons.

Tomorrow, we will deal with third reading of Bill C-13, an act for the substantive equality of Canada's official languages.

On Monday, we will resume report stage debate of Bill S-5, which would amend the Canadian Environmental Protection Act.

On Tuesday and Wednesday of next week, we will be dealing with report stage and third reading of Bill C-21, which, as we know, is the firearms legislation.

Thursday, May 18, will be an allotted day.

Finally, pursuant to Standing Order 81(4), I would like to designate Monday, May 15, for the consideration in a committee of the whole for all votes under the Canada Mortgage and Housing Corporation.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOral Questions

May 9th, 2023 / 3:10 p.m.


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Liberal

Mark Holland Liberal Ajax, ON

Mr. Speaker, as I was saying, we live in an extraordinarily challenging time. I would say it is also a privileged time. We get an opportunity to defend democracy here and to join in camaraderie with other democratic nations in ensuring that democracies thrive in pressure as the shadow of autocracy attempts to do great damage to our democracies. When we go back in time, the issue of foreign interference is not new. It is something that has existed for a long time.

As I referenced today in question period, when I was the critic for public safety, after Justice Iacobucci issued his report building on Justice O'Connor's report, there were essential recommendations, and both justices spoke at that time of the imperative nature of action and specifically the imperative nature of establishing a committee of parliamentarians that would have the opportunity to look into every aspect of security and intelligence.

Unfortunately, for years, those recommendations were not acted upon, and not only those recommendations, but many others. I am not going to enumerate them all, but it is fair to say that upon getting the privilege of becoming Canada's government, we immediately acted to create that committee of parliamentarians to make sure that every member of Parliament, regardless of what party they are from, has the opportunity to look into every aspect of security and intelligence so that they can know that there is no aspect of our security and intelligence that is under any shield.

On the important matter we are debating now, we respect the Speaker's ruling, and we are taking important action to deal with the foreign interference we are seeing. We saw the Minister of Foreign Affairs declare the diplomat in question a persona non grata. The Minister of Public Safety has made it clear on numerous occasions that we will not accept any form of foreign interference in our country and that any foreign interference would be met with strict action that is taken proportionately and deliberately. One of the things that are so important is that as events unfold, it is important for us to validate facts, to have conversations, to fully think out the consequences of actions, and then to act, as we have in this case.

We have been debating this important motion already for 12 hours, and I do not need to remind members that the purpose is not to have a debate in this chamber, but to move it to the procedure and House affairs committee, which can do its important work and make recommendations. The longer we debate this matter, the more we simply do not have the opportunity to get what the members of the opposition in the Conservative Party are saying they want, which is recommendations, answers and actions. That is what we continue to focus on. The longer we are here and the more speeches we have, and we are already at 12 hours, not only do we not have an opportunity to act at PROC on that matter, but it stops this House from dealing with extremely important issues.

One of the things that were displaced was Bill S-5 and the debate we are having on the amendments to CEPA, which are putting forward incredibly important improvements to our Environmental Protection Act to make sure we are there and taking action on the environment. This is also stopping us from being able to take action on firearms and ghost guns, which we are hearing, from across the country—

The EnvironmentOral Questions

May 9th, 2023 / 3 p.m.


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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Environment and Climate Change

Mr. Speaker, I want to start by thanking the member for Aurora—Oak Ridges—Richmond Hill for her question and all of her work on Bill S‑5 as a member of the Standing Committee on Environment and Sustainable Development.

I also want to thank all the members of the Senate and House of Commons environment committees, who contributed immensely to enhancing this bill.

As my colleague said, 300 amendments were presented, 80 witnesses were heard, more than 100 briefs were submitted and the committees put in 50 hours of work.

I invite every member of the House to work together to ensure that the bill receives royal assent in the coming weeks.

The EnvironmentOral Questions

May 9th, 2023 / 3 p.m.


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Liberal

Leah Taylor Roy Liberal Aurora—Oak Ridges—Richmond Hill, ON

Mr. Speaker, the Canadian Environmental Protection Act was introduced in the Senate on February 9, 2022. Between the two parliamentary committees, nearly 50 hours were devoted to the study of the bill, 80 witnesses were heard and 105 briefs were submitted for review in committee.

Can the Minister of Environment and Climate Change update the House on Bill S‑5?

Bill S-5—Notice of Time Allocation MotionStrengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 4th, 2023 / 5:25 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Madam Speaker, I would further put forward that an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the report stage and third 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of the proceedings at the respective stages of said bill.

Business of the HouseOral Questions

May 4th, 2023 / 3:30 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I thank my hon. colleague on the other side for the question and the opportunity to illuminate the government's agenda for the coming week.

On Monday, we will resume report stage debate of Bill S-5, which would amend the Canadian Environmental Protection Act.

On Tuesday morning, we will call Bill C-42 regarding the Canada Business Corporations Act and then return to debate on Bill S-5 in the afternoon.

On Wednesday and Friday, we will call Bill C-13, an act for substantive equity of Canada's official languages.

Finally, I would like to inform the House that Thursday, May 11, shall be an allotted day.

The EnvironmentOral Questions

May 3rd, 2023 / 3:20 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I extend my condolences for the loss of the people and the firefighters in this climate event.

My question is for the Prime Minister. In relation to the business that we will take up later today, the amendments to the Canadian Environmental Protection Act, known as Bill S-5, there is still time to improve this act by increasing the opportunities for public participation for science and indigenous knowledge to inform the act.

The amendments by the hon. member for New Westminster—Burnaby and myself need to be supported by the government. Will it stand for public participation and indigenous knowledge?