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

Status

This bill has received Royal Assent and is, or will soon become, 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

Debate Summary

This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill S-5 seeks to modernize the Canadian Environmental Protection Act (CEPA) by recognizing the right to a healthy environment, strengthening the management of toxic substances, and increasing transparency and public participation in environmental decision-making. The bill includes provisions for developing an implementation framework for the right to a healthy environment, prioritizing vulnerable populations, and promoting alternatives to animal testing. However, some of the amendments have raised concerns about federal overreach into provincial jurisdiction, specifically regarding the regulation of tailings ponds and hydraulic fracturing.

Conservative

Against Bill S-5: The Conservatives are voting against Bill S-5 due to an amendment that they view as an intrusion into provincial jurisdiction, creating a legal precedent that could lead to jurisdictional disputes between the federal and provincial governments.
Supports environmental stewardship: The Conservatives highlight Alberta's history of environmental initiatives, such as PCB disposal, tire recycling, and ditch cleanup programs, showcasing their commitment to environmental stewardship and addressing pollution issues.
Concerns over federal overreach: The Conservatives express concern that the NDP amendment, supported by the Liberals, intrudes on provincial jurisdiction by seeking to regulate tailing ponds and hydraulic fracturing, traditionally areas under provincial control.
Industry uncertainty: The Conservatives believe that jurisdictional squabbles between the federal and provincial governments slow down projects, slow down the approval process, and create uncertainty for investors.

NDP

Supports the bill: The NDP will vote in favour of Bill S-5, viewing it as an important step forward despite its shortcomings, particularly the recognition of the right to a clean and healthy environment within federal legislation and the commitment to the UN Declaration on the Rights of Indigenous Peoples.
Tailings ponds issue: The NDP is very much of the opinion that tailings ponds needs to be highlighted as one of the points in protecting the Canadian environment. The NDP proposed a report stage amendment that put those words back into Bill S-5, that were put there originally by the Senate, which dealt with this bill before us, and was happy that amendment passed.
Enforceability concerns: The NDP acknowledges the Senate's concern that the right to a healthy environment may remain unenforceable due to procedural barriers and technical requirements within CEPA, and expresses disappointment that the government did not address this issue despite having prior knowledge of it.
Need for broader scope: The NDP emphasizes that the declaration of the right to a clean, healthy environment in Bill S-5 has a narrow scope, covering only matters within the Canadian Environmental Protection Act, and supports a broader application of this right to other federal environmental legislation, such as through a Canadian environmental bill of rights.

Bloc

Disappointed with bill S-5: The Bloc Québécois believes that Bill S-5 does not strike a sufficient balance between environmental protection and commercial interests, arguing that the refusal to incorporate best practices will allow commercial and industrial interests to dominate decision-making.
Precautionary principle translation: The Bloc Québécois successfully advocated for a correction in the French translation of "precautionary principle" in the Canadian Environmental Protection Act, believing that recognizing the precautionary principle is essential to framing the implementation of the bill, pushing for prevention of risk instead of managing risks.
Limitations of right to environment: The Bloc Québécois expresses skepticism about the government's commitment to the right to a healthy environment, arguing that its scope will be limited and that the government lacks the political courage to propose constitutional negotiations to add this right to the Canadian Charter of Rights and Freedoms.
Missed opportunities for transparency: The Bloc Québécois is disappointed that amendments aimed at increasing public access to the consultation process and government transparency were rejected, criticizing the Liberal-Conservative coalition for voting against progress.

Liberal

Government supports Bill S-5: The Liberal members of parliament voiced strong support for Bill S-5, emphasizing its strengthening of environmental protections for a healthier Canada. They urge members of both chambers to pass it without delay to allow for implementation in cooperation with partners, stakeholders, and the public.
Right to healthy environment: A core component of Bill S-5 is the recognition of the right to a healthy environment in law. The bill requires the government to develop an implementation framework within two years, explaining how the right to a healthy environment would be considered in the administration of the act, including principles of environmental justice, non-regression, and intergenerational equity.
Modernizing chemicals management: The bill modernizes Canada's approach to chemicals management through regulatory and implementation initiatives. This includes developing a plan for chemicals management priorities, defining properties of high-risk toxic substances, increasing transparency, and promoting the development and use of non-animal testing methods.
Indigenous reconciliation: The bill also incorporates reconciliation with Indigenous peoples, recognizing their stewardship of the environment. Amendments ensure consistent annual reporting on issues raised by Indigenous groups and respect for UNDRIP.

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Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 30th, 2023 / 4 p.m.

The Speaker Anthony Rota

I declare the motion carried.

(Bill read the third time and passed)

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 30th, 2023 / 4 p.m.

The Speaker Anthony Rota

I wish to inform the House that, because of the deferred recorded division, Government Orders will be extended by 29 minutes.