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 aims to modernize the Canadian Environmental Protection Act of 1999 by addressing the management of toxic substances, including the consideration of vulnerable populations and cumulative effects, and affirming the right to a healthy environment. The bill seeks to improve research, monitoring, and assessment processes while reducing reliance on animal testing and cutting red tape, but concerns have been raised about the lack of clarity on enforceability, potential impacts on industry, and the delegation of defining "a right to a healthy environment" to the minister. The legislation also includes measures related to the Food and Drugs Act and the implementation of the UN Declaration on the Rights of Indigenous Peoples.

Conservative

Criticism of Liberal environmental record: Conservative members criticized the Liberal government's environmental record, highlighting increased CO2 emissions, the carbon tax's ineffectiveness, and the approval of raw sewage dumping. They contrasted this with the Conservative's previous environmental achievements, including the clean air act and conservation investments, accusing the Liberals of empty talk and inaction.
Ambiguity in bill S-5: Several speakers expressed concerns about ambiguities in the wording of Bill S-5, particularly regarding the right to a healthy environment and the definition of "vulnerable environment." They argued that this lack of clarity could lead to litigation and uncertainty for industry stakeholders, and expressed frustration that the Liberals would take two more years to define it.
Concerns over plastic regulations: Conservative members voiced apprehension over the government's approach to regulating plastics, particularly the inclusion of manufactured plastics in Schedule 1 of the bill. They emphasized the essential role of plastics in healthcare and other industries, arguing that the regulations could harm the Canadian economy and potentially lead to increased emissions if production is shifted to countries with lower environmental standards.
Importance of technological innovation: Members suggested incentivizing technological innovation as a better solution for emissions reductions, rather than taxation. Speakers also pointed out that Canada has good existing frameworks around emissions and ground contamination.

NDP

Supports Bill S-5: The NDP will support Bill S-5 at the second reading, hoping that it can be strengthened at the committee level. Members feel that while it is a step in the right direction, it needs to be bolstered to ensure the right to a healthy environment is truly enforceable.
Need for enforceability: NDP members are concerned that the right to a healthy environment cannot be protected unless it is made truly enforceable. The citizen enforcement mechanism is broken and has never been successfully used, so there are serious questions about how the right to a healthy environment can be truly enforced without fixing the enforcement of CEPA.
Bill C-219 improvements: Members suggest strengthening the bill by giving residents of Canada more power to ensure that their right to live in a healthy environment is upheld through Bill C-219. This bill would give residents the right to access information about environmental concerns, standing at hearings, access tribunals and courts to uphold environmental rights, request a review of laws, and provide protection to whistle-blowers.
Corporate accountability: The NDP believes that big corporations do not want to be accountable for their toxic pollution, and are lobbying against better protection for people and communities. Members insist that the government should follow the advice of scientists and experts, not the interests of big corporations.
Environmental Justice Office: Members highlight the need for an office of environmental justice to help coordinate the national strategy on environmental racism, improve our understanding of environmental health hazards faced by marginalized communities, assess possible interventions, and ensure that all Canadians have the opportunity to enjoy the same level of environmental protection.

Bloc

Supports Bill S-5 in principle: The Bloc supports the bill's aim to strengthen environmental protection for a healthier Canada, acknowledging the need to update the Canadian Environmental Protection Act (CEPA) which has not been significantly revised since 1999.
Federal overreach concerns: While supporting the modernization of CEPA, the Bloc emphasizes that Quebec has primary jurisdiction over environmental protection within its boundaries. Members voiced concerns about potential federal intrusion into areas of provincial jurisdiction, particularly regarding the regulation of products and activities, and called for the federal government to respect Quebec's environmental sovereignty.
Right to healthy environment: The Bloc criticizes the bill's approach to the right to a healthy environment, noting that its inclusion in the preamble weakens any real power. They argue that a genuine commitment would involve amending the Canadian Charter of Rights and Freedoms to enshrine this right, similar to Quebec's Charter of Human Rights and Freedoms.
Emphasis on key improvements: The party wants improvements to be made including improving transparency on labelling, stricter enforcement of regulations and requirements for assessing products, addressing disproportionate exposure to toxic chemicals, improving biomonitoring data collection and establishing clear timelines for assessing substances.

Liberal

Supports Bill S-5: Liberal members expressed strong support for Bill S-5, emphasizing its role in strengthening environmental protections and promoting a healthier Canada by updating the Canadian Environmental Protection Act, 1999 (CEPA).
Right to healthy environment: A key aspect of the bill is the recognition of every individual in Canada's right to a healthy environment, which members highlighted as a significant milestone. The bill includes a duty on the government to protect this right, development of an implementation framework, and requirements to conduct research and monitoring.
Focus on vulnerable populations: Members emphasized the bill's focus on protecting vulnerable populations, requiring consideration of their unique needs and cumulative effects in risk assessments, and mandating biomonitoring surveys to understand and address their disproportionate exposure to harmful substances.
Commitment to further action: While supporting the bill, some members expressed a desire to see further amendments addressing issues such as marine dumping, air quality standards, and citizen action, indicating a commitment to ongoing efforts to strengthen environmental protection.

Green

Bill needs improvement: Elizabeth May expresses disappointment with Bill S-5, stating it misses opportunities to modernize environmental protections. She hopes for significant improvements in committee, emphasizing areas needing attention.
Missing key elements: May identifies missing components in the bill, including the lack of review and amendment of all sections, preventing improvements to existing parts of the Canadian Environmental Protection Act. She also criticizes the lack of an enforceable right to a healthy environment, calling it no right at all.
Climb down from progress: May expresses concern that the bill represents a step backward from the environmental protections established in 1988, particularly regarding the "List of Toxic Substances." She warns that removing the term "toxic" could lead to constitutional challenges and undermine the act's legal basis.
Bill is better in some areas: May acknowledges improvements related to vulnerable populations, which is appreciated. She notes that Bill S-5 has good definitions and sections on how to protect individuals in vulnerable groups from toxic substances.

Was this summary helpful and accurate?

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

November 2nd, 2022 / 5:30 p.m.

The Deputy Speaker Chris d'Entremont

The question is on the motion.

If a member of a recognized party present in the House wishes that the motion be carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

The hon. parliamentary secretary to the government House leader.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

November 2nd, 2022 / 5:30 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I request a recorded division.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

November 2nd, 2022 / 5:30 p.m.

The Deputy Speaker Chris d'Entremont

Pursuant to order made on Thursday, June 23, the division stands deferred until Thursday, November 3, at the expiry of the time provided for Oral Questions.

The hon. parliamentary secretary to the government House leader is rising on a point of order.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

November 2nd, 2022 / 5:30 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I believe if you seek it, you will find unanimous consent to see the clock at the appropriate time to start Private Members' Business.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

November 2nd, 2022 / 5:30 p.m.

The Deputy Speaker Chris d'Entremont

Is it agreed?

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

November 2nd, 2022 / 5:30 p.m.

Some hon. members

Agreed.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

November 2nd, 2022 / 5:30 p.m.

The Deputy Speaker Chris d'Entremont

Accordingly, the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

The House resumed from November 2 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.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

November 3rd, 2022 / 3:15 p.m.

The Speaker Anthony Rota

Pursuant to order made on Thursday, June 23, the House will now proceed to the taking of the deferred recorded division on the motion at the second reading stage of Bill S-5.

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #210

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

November 3rd, 2022 / 3:25 p.m.

The Speaker Anthony Rota

I declare the motion carried.

Accordingly, the bill stands referred to the Standing Committee on Environment and Sustainable Development.

(Bill read the second time and referred to a committee)