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

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

Madam Speaker, the member is a little sensitive with respect to the questions I have been asking, and it is because we have a substantial legislative agenda. Whether it is tax breaks, giving GST rebates, the dental care program or the rental program, there are so many programs and pieces of legislation for us talk about.

On the legislation we are debating today, Bill S-5, I am a little anxious to find out when the Conservatives would like it to pass. Should it be this year or next year? Given the number of members who have spoken on the bill, and it seems the member has a lot of good stuff that he would love to discuss at the committee stage, why not allow that debate at committee? Let us pass the legislation and get it to committee so he can make some of those amendments, make those suggestions, and see if the Conservatives can make some changes to the legislation.

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

Madam Speaker, I have many questions and comments about the member, but I will start with this. First, I am not sensitive to the member; I am just tired of him.

Second, I have been on the committee and understand how this works. There is a very small number of MPs on committee and the rest of us in this chamber, who are not on the environment committee, will not be able to raise those questions. I would like to talk about the governance changes that the government has put in the bill, where the Food and Drug Administration component of CEPA will be given strictly to Health Canada. I have some issues about the impact of endocrine disruptors on the environment and I do not know necessarily that it is a good move, but I will not be at that committee.

It is patently unfair for the member to be saying we should just move on. That is a bad-faith discussion on his behalf.

[The Assistant Deputy Speaker, Carol Hughes]

I would remind members to be respectful toward each other.

The hon. member for Beauport—Limoilou.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Madam Speaker, my question is actually very simple.

The Canadian Environmental Protection Act has not been updated since 1999, in other words, since the last century. A lot has changed since then, including knowledge about the toxicity of certain products and the increased health risks associated with using certain products together.

Could my colleague point to something in the act that needs to be amended in order to improve it?

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

Madam Speaker, as I said, it is important to me that the process be enriched by discussions in the House. I think that is also important to members from across the country, especially those from Quebec.

As I said, the Senate put forward many amendments.

We will have to discuss whether those amendments are good for the bill. I do not think they all are, but I would like to hear from other members. I respect what they have to say in this chamber, not just necessarily the voices at committee.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, this debate should have been settled a long time ago. What I find deeply concerning is that the Conservatives continually raise questions about a fundamental part of the bill, which is a right to a clean environment. I would think we would agree across all party lines to a clean environment, but apparently not the Conservatives. Also, I am very concerned about their promotion of single-use plastics and toxic chemicals, and not getting a bill through the House that would protect and keep the environment safe.

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

Madam Speaker, we know that member is feeling the heat from the new Conservative leader, who has been putting out a message, particularly if we look at how the last election went in his neck of the woods. People are starting to abandon the New Democrats because they do not champion the regular working person and, instead, champion certain issues without necessarily having any balance whatsoever.

When I raised the concern that the so-called right to a healthy environment was just one factor that a bureaucrat would bring up in a regulatory policy, that is not really a right. If the member is pretending to his constituents that it is somehow more substantive than that, then he is kidding himself, and he is kidding himself that his leader is resonating in places like northern Ontario. Being focused on the wrong issues will be a problem the NDP will have in British Columbia in the next election.

The House resumed 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.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Madam Speaker, the environment has always been a major concern for me. The environmental situation in Quebec, Canada and around the world is evolving at a frantic rate, so it is high time that the House reviewed the Canadian Environmental Protection Act.

In my speech, I will explain why the act needs to be modernized. I will talk about some of the concerns that have been raised by environmental groups and about some of the concerns that I had when I read the bill. I will also bring up some questions that I hope we will be able to answer when the bill is studied in committee. In case members do not already know, the Bloc Québécois supports Bill S‑5 in principle.

The Canadian Environmental Protection Act has not been reviewed in 23 years. That was literally in the last century. I can safely say that many things have changed since then: technological advances; the planned obsolescence of everything we consume; the major growth of natural resource development to meet the exploding world population and the exploding levels of consumption around the world; and climate change, which is causing increasingly frequent and severe extreme weather events and natural disasters.

This legislation therefore needs to be modernized. However, I would like to raise a few important points.

Bill S-5 does not review the entire Canadian Environmental Protection Act. That, in my humble opinion, is a flaw. Every section of the act should be reviewed to ensure that it is consistent with today's realities and the changing world we live in, as well as our aspirations for tomorrow.

Quebec must be able to make decisions as a mature and responsible nation, especially when it comes to its environment and territory. All of Quebec's politicians feel that way, and they expressed exactly that on April 13, 2022. On that date, politicians from all the parties represented in Quebec's National Assembly unanimously adopted a motion asserting the primacy of Quebec's jurisdiction over the environment.

Too often, when the time came to advance environmental justice or strengthen environmental protection in Quebec, Quebeckers were disappointed by the Canadian government. They have been disappointed by decisions and a vision that were more in line with those of an oil state than those of a state aware that it must legislate to leave a healthy environment for future generations.

That is why we will be meticulous about ensuring that the amendments we make not only meet the expectations of the people we represent, but also guard against the federal government once again interfering in areas under the jurisdiction of Quebec and the provinces.

In its preamble and its clauses, the bill sets out to create a right to the environment, yet the senior government officials who told parliamentarians about Bill S‑5 when it was introduced admitted that, contrary to the Liberal government's claims, the bill does not achieve that.

In order to achieve that goal, we need a government that is sincere and courageous, a government that will invite its partners in the federation to a round of constitutional talks aimed at adding this right to the Canadian Charter of Rights and Freedoms so that everyone can truly benefit from a healthy environment. That means opening up the Constitution. Enough with the lip service. We are done with that.

In fact, here again, Canada should follow Quebec's example. Quebec's Charter of Human Rights and Freedoms, which was enacted in 2006 and is now 16 years old, states, “Every person has a right to live in a healthful environment in which biodiversity is preserved, to the extent and according to the standards provided by law.”

Unlike the Canadian Environmental Protection Act, the Quebec charter is quasi-constitutional in scope in the political context of Quebec. It is plain to see that Quebec does not need Canada's help to promote and protect the fundamental rights of Quebeckers. Canada needs to follow Quebec's lead.

The bill also includes the notion of vulnerable populations, although it never properly defines the term. Reading between the lines, we believe that it refers to first nations. That said, children, pregnant women, seniors, people with immune deficiencies and people with chronic diseases or cancer are also among vulnerable populations, regardless of their skin colour or religion. Does the bill include them in its definition of vulnerable populations? We are still waiting for the answer.

I am glad to see that studies on toxic substances will be done and that they will take into account something that many groups and citizens have been fighting for for decades. The aim is to limit the use of vertebrate animals to situations where other research techniques cannot in any way be used to determine the toxicity of a substance. This is a good step forward. The bill needs to take into account the recommendations that have been made by health and environmental groups for decades, as well as the recommendations made by the chemical industry partners involved.

However, some questions came to mind when reading the bill. The need to study the impact of the accumulation of a substance comes up many times, but there is no mention of studying the effects of a combination of toxic substances. What I mean by that is that some substances are not very toxic or not at all toxic on their own, but they can become very dangerous when combined with other substances, and there is no mention of that in the bill. It would be a good idea for the bill to address the impacts of these combinations.

I noticed that the bill repeals the sections pertaining to the virtual elimination of substances. I wondered why that was so, and I understood that the Standing Committee on Environment and Sustainable Development felt that the virtual elimination approach was dysfunctional. That being said, I think that the baby is being thrown out with the bathwater here. Just because the act is dysfunctional does not mean that it is all bad. It could be improved. Why is it not being improved?

Furthermore, in several places in the bill, the wording setting out the duties of the Minister of the Environment and other relevant ministers is not forceful enough. Several clauses say that the minister “may” do something instead of saying that the minister “shall” do something, that he must take measures. I think that conducting studies and publishing reports should be a duty, not just a power.

Lastly, the bill implies that the minister must report annually on the implementation of the framework. Other reports and studies can or must also be completed by the minister. Why not use a group of organizations or independent researchers?

By using independent services, even supporting university research, we could ensure consistency in data collection and greater attention to improving mandates and research and study topics, while ensuring the impartiality of the data.

In conclusion, Bill S‑5 has many highly technical components. These components deserve to be carefully analyzed by the House of Commons Standing Committee on Environment and Sustainable Development in order to ensure that the modernized act will truly allow the federal government to assume its own responsibilities with regard to protecting the environment, while respecting the protection of the public and the environmental sovereignty of Quebec and the Canadian provinces. I am sure that my colleague from Repentigny will do exemplary work in committee on this issue.

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

Madam Speaker, what is in Bill S-5 is very encouraging. It is the essence of recognizing that there is a right to a healthy environment for Canadians. What I really like about the legislation is that would put in place the fact that Canadians can request that a substance be assessed. Obviously, there will be a lot of details that we have to follow through. No doubt that will come up at committee in some of its discussions.

We can talk about indigenous reconciliation when we think about UNDRIP. That is been incorporated into Bill S-5. There are issues surrounding animal testing. No doubt it is substantial legislation, but what I like is the fact that it appears that virtually all members of the major political parties in the House support its passage at second reading.

Does the member not agree that we will be able to really get down to a lot more work on the bill if we see it go to the committee stage?

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Madam Speaker, I want this bill to get to committee as quickly as possible so that the improvements I mentioned in my speech or that other colleagues suggested can be made.

Here, in the House, suggestions are made. In committee, suggestions are made, and we vote for or against them. We improve the bill. That is the committee's job.

I do agree that the bill must go to committee as quickly as possible, and then everyone can provide their input.

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

Madam Speaker, my friend from Beauport—Limoilou spoke on a number things. She talked about working together. Then she talked about the legislation, how the wording was so open to interpretation and how there was a lack of clarity and vague terminology throughout it. She talked about getting this to committee where we could sit down and bandy this about among ourselves.

Does she actually think it is going to happen? Canadians are expecting that we are sitting around, putting out ideas back and forth and coming to a mutual agreement. I wonder if the member believes that is actually going to happen.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Madam Speaker, I fundamentally believe in goodness, conscience, human logic and also what I would call the good character of every member of a committee.

Of course, it can occasionally take some time to flesh out certain ideas. However, when we finally come to an agreement and stop complicating things, we can do it. I am confident that with plenty of goodwill from everyone, we can come up with a bill that all members can agree on and that will serve as a model. At least, that is my hope.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, I know my colleague is passionate about the environment. I have witnessed her at OGGO.

This is the first time I am rising since learning of the passing of the Tla-o-qui-aht Nation hereditary chief, Muuchinink, also known as Bruce Frank. I would like to pay my condolences to his wife Iris, their daughter and all Tla-o-qui-aht and Nuu-chah-nulth people and the surrounding communities, because this is a big loss to our community. Thank you, Madam Speaker, for allowing me to recognize our Tyee Ha'wiih.

I know that indigenous peoples are often in pollution hot spots and the bill would not do enough to address that. Maybe my colleague can speak about the importance of something that Muuchinink cared deeply about. He worried about our coastal waters and the environment and the spread of polystyrene. He also worried about the government's lack of regulations around polystyrene and that it needed to do more to protect our environment. Maybe the member could speak to that.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Madam Speaker, I seem to recall that there is a continent of plastic currently floating in the Pacific Ocean. Sea creatures sometimes ingest bits of it, which end up in our food. We eat animals that eat things that are not necessarily good for our health.

First nations are also affected because a large part of their diet consists of food that comes directly from the sea. We must be mindful of our environment and take care of it. By doing so, we take care of ourselves.

I hope my colleague will convey my sincere condolences to the family of the hereditary chiefs.