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 .

Elsewhere

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

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

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 1:50 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I agree with the member for Saanich—Gulf Islands. However, I am not holding my breath. I think that if the government wanted to do this right, it would have done it right the first time.

All I would say is that my private member's bill has that enforceability part baked into it and extends it to the other parts of the Canadian federal legislation on the environment. It carves out CEPA, because of issues around that legislation, but I would hope the government would use this as a model to fix CEPA once and for all.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 1:50 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I tend to disagree with the leader of the Green Party and the suggestion about looking at the right to a healthy environment. At the end of the day, it is incorporated into the legislation. I suspect that what we will see will be more information being provided on the issue of those rights in the coming days, weeks and months ahead.

I think we need to recognize that this is a significant step forward, where we have a government policy, in essence, making it very clear. It is more than just a policy; it is done through legislation. Canadians have a right to a healthy environment.

I wonder if the member could provide his thoughts in regard to how important it is to talk about this. There has been a lot of discussion about the environment in general, but when we get a statement of that nature in law, it is a significant step forward. Obviously, it is not going to resolve all the issues. Mechanisms, protocols and so forth need to be established. At the very least, we have a government for the first time that is actually incorporating that sort of a principle in legislation.

Would he not agree that the incorporation of a right to a healthy environment is good for all Canadians?

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 1:50 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, obviously, I think it is a good idea that we have a right to a healthy environment embedded in some legislation. I would say that the government was so timid about this that when they first brought forward Bill S-5, that right was only in the preamble. It had to be moved into the body of the text to have any legal impact at all. However, we are hearing now that it is unenforceable, as all kinds of civilian actions towards this bill are, and we need that changed.

Yes, this is a step in the right direction. As in so many things with the government, better is always possible. I would hope that we would see some movement very quickly to fix this so that Canadians can truly have that right to live in a healthy and clean environment and back it up with some accountability for government actions.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 1:50 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is a pleasure to be able to rise and speak to legislation that will have a very positive impact on Canadians.

If we listen to what Canadians are talking about, we often hear the issue of the environment coming up. Within the Liberal caucus, I can assure people who are following the debate that, whether it is me or members of the Liberal caucus, we have a high degree of sensitivity in wanting to ensure that what we are doing here in Ottawa reflects Canadians' desires and interests in terms of what they are telling us.

Canadians tell us that the environment does matter and that it counts. We have a government in a minority situation. They would like to see members of Parliament, on all sides of the House, recognize the importance of the issue of the environment and start taking actions to support the words we use during an election.

We see the position that the official opposition is taking on the environment. I want to use two examples. Today, it is all about Bill S-5 and what is happening with it. It is about how the Conservative Party has once again made a change towards the environment. I would suggest that this is a negative change. This is consistent with what the Conservative Party did in the last federal election.

We constantly get criticized by the Conservatives regarding a price on pollution. Most Canadians see and recognize the value of this, as do other countries and jurisdictions around the world. They see that pollution should not be free and that there should be a price on pollution. However, only the Conservative Party of Canada here in the House of Commons, from the get-go, said it opposed a price on pollution. After being tuned up by Canadians, it actually said it is now in favour of a price on pollution.

In the last federal election, every one of the members sitting here today actually said they agreed with a price on pollution in their election platform. They all campaigned on it. However, with a new, shiny, ultra-right leader, they now say they do not support a price on pollution.

How is that relevant to the debate we are having today? It is relevant because not that long ago, about two weeks ago, the Conservatives were telling Canadians that they voted in favour of Bill S-5 and they thought Bill S-5 was a good idea. They were right two weeks ago when they were telling that to Canadians. They were ultimately responding, in part, to what their constituents were telling them.

One of the biggest things in Bill S-5 deals with the right to a healthy environment. Imagine taking a statement of that nature and incorporating it into law. This is why I asked my NDP colleague to provide a comment on it. Given what Canadians are telling us about the importance of the environment, how could someone oppose that? How is it possible that the Conservatives would vote against it?

If we want to talk about popping the bubble of hope, that is what the Conservatives have done in recent days. The Conservatives have said that they now oppose Bill S-5. Why did they flip-flop?

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 1:50 p.m.


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An hon. member

Because of you. You flip-flop.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 1:50 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, they say it is because of me. I do not think I carry that much influence within the Conservative caucus.

I can say that the Conservatives are on the wrong side of yet another important environmental issue. They need to understand that the environment does matter. When they say they are now opposed to it, what are they voting against? They are voting against what their leader often talks about: common sense.

Why would one oppose the right to a healthy environment? Yes, a lot of regulations and protocols need to be established to ensure that right, but, again, for the very first time, we actually have that now in legislation, the very same legislation that the official opposition is going to vote against when it comes up for a vote.

Maybe we should wait another week or two. Maybe they might change their mind again on this issue.

It is an important vote. We are dealing with additional regulations to deal with toxic chemicals. What is it about toxic chemicals that the Conservative Party of Canada feels, within this legislation, is bad? We are not hearing that.

The Conservatives are not saying that they do not like this legislation because of this particular aspect. They are talking about tailings ponds and apparently that is what caused them to flip, even though, before the amendment, it came to the House from the Senate with it.

One has to start questioning where the Conservative Party is on the environment. I will give part two when we begin debate again after question period.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 4 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is a pleasure to continue speaking to Bill S-5, which we began debating again a few hours ago. When I started my comments, I made reference to the fact that I think there is a great deal of disappointment from many stakeholders due to the Conservative Party's change of heart. If we were to check Hansard from a couple of weeks back when we were talking about Bill S-5, I suspect one would see that I even implied that the Conservative Party was in favour of Bill S-5.

Something has happened in the last little while that has convinced the Conservative Party to vote against Bill S-5. I do believe that it is a bad decision by the Conservatives. They still have a little bit of time to think about what they are doing with Bill S-5. I hope they will considerate it once again and adopt their original position of voting in favour of Bill S-5 because it does a wide variety of things, all of which, I believe, support the wishes and desires of many Canadians, the constituents we represent.

It is interesting to look at the legislation. It covers a number of areas that I know Canadians are very concerned about. I wanted to highlight a few of those spots and then maybe go into depth on the issue of our environment and how important it is that, as parliamentarians, we do what we can to support legislation of this nature and broaden that support so it goes beyond just legislation. There are many budgetary measures.

Canadians are watching. They are very much concerned about how politicians are voting on important issues of the day, the environment being one of them. It has been really interesting to listen to the debates, not only now but also during second reading. I had the opportunity to not only address the issue in part but also to listen to a good number of people. Whether it was in the House of Commons, the Senate of Canada, or the standing committees of Parliament, we have had a great deal of debate on this issue.

The Canadian Environmental Protection Act, a substantial piece of legislation that provides a great deal of comfort to Canadians, is being enhanced and given strength after a couple of decades. There are some areas that I know people would be very, very pleased with. There are areas of concern, such as animal testing, for example. We are seeing non-animal testing methods being incorporated to a degree that it is going to be encouraged. I see that as a very strong positive. It is something that should be mentioned during the debate.

It deals with the issue of reconciliation. Thinking about the environment and the stewardship of our environment, how can one not factor in our first nations that have taken such good, quality care of our environment? If we get into the beliefs, heritage and culture of indigenous peoples, we get a very encouraging reflection on our environment and how important it is that we are there for mother earth. We can think of UNDRIP and the recommendations through reconciliation. As a government, we made the commitment to respect UNDRIP and its ruling. We will continue to support that. That is also incorporated into the legislation.

There are ideas about the toxic substances out there and how those substances could be labelled. It is important that the minister has the ability to ensure there is more transparency and accountability on this issue. Again, this is within the legislation. The expectation from the public as a whole is that information is knowledge. Finding out the content of many of these substances through labelling so the government can ensure there is higher transparency is a very strong positive. Those are three of the things I want to provide a brief comment on, as well as emphasize a couple of other points that are really quite encouraging.

I talked about the idea of a right to a healthy environment. This morning there were a number of members who made reference to that aspect of the legislation. It is encouraging to hear members, whether from the Bloc or the NDP in particular, supporting that right in a very tangible way. It was interesting when one member of the Bloc suggested it should be incorporated into Canada's Constitution. Even the principles of protecting the environment and what could be incorporated into the Constitution interest me, but I do not think Canadians as a whole want to see that debate on the Constitution opened up, not at this time, and I suspect, not for quite a while.

However, it emphasizes the point, which is the reason I make reference to it, that people are very much concerned about environmental rights. This bill not only talks about the importance of a right to a healthy environment, but also, for the first time, incorporates it into legislation. I see that as a very strong positive. We will get more details as time goes on as to how that is going to be assured, as well as the protocols and procedures that will be established to ensure Canadians feel comfortable knowing not only that they have that right to a healthy environment, but also that it is incorporated into the legislation for the very first time.

I know the Green Party has some concerns with the legislation. It is with some admiration that I look to the leader of the Green Party and her history on this particular file. She had pointed back, I believe, to 1988. That was the year I was first elected, and I can say that, back in 1988, there was not much debate inside the Manitoba legislature about the environment. There is no doubt that over the last three decades we have seen a substantial growth of public debate and discussion on the issue of the environment. I would acknowledge that she is one Canadian who has been at the forefront of some of these environmental pushes.

Where we disagree would be when I talk, for example, about the right to a healthy environment, I believe it is substantive, but I know members of the Green Party would have liked to have seen more to it than just the statements being referenced in the legislation. The idea of providing strength to the regulations regarding toxic chemicals, and the way in which government needs to play a very strong role, is absolutely critical, and this legislation deals with that.

When I posed questions earlier to, and listened to comments from, in particular the Conservative Party, it was a Conservative member who seemed to be upset with the fact that there are too many regulations and too much paperwork involved with environmental policy. That is what he was making reference to. I would suggest that these regulations are really important.

When we talk about toxic chemicals, legislation does not deal with every aspect of it. Rather, it establishes the framework. We rely on our civil servants to be able to provide the details, through regulations and other forums, so we know we are in fact doing what the principles of the legislation set forward in good part. Therefore, unlike what the Conservative member earlier today was trying to imply, I would suggest to members that good, solid environmental regulations are absolutely critical to supporting the Canadian Environmental Protection Act.

The member should not be shy in terms of recognizing that, but that was the only member who actually made reference to that. When the critic brought up the issue, I had posed the question in regard to why the Conservative Party had changed its positioning on this legislation, because the only thing we had really heard, officially, coming from the Conservative Party was in regard to the tailings ponds. If the Conservatives were to look at the tailings ponds issue, they would find that there is no substantive difference in terms of what came into the House of Commons during second reading, went into committee and then came back. I would challenge the Conservatives to explain that difference in terms of the degree to which it has caused the Conservative Party to reverse its policy position on the legislation.

The bottom line is that, in regard to the issue of the environment, there is an obligation for legislative measures and budgetary measures. I asked the question in terms of how we mix those things in together, and I want to provide what is a fairly extensive listing of the types of things that we do to complement the legislation. Let us think of it in this way. This is what the Government of Canada is doing today: clean electricity investment tax credit; clean technology manufacturing investment tax credit; clean hydrogen investment tax credit; enhancing the carbon capture, utilization and storage investment tax credit; expanding the eligibility for clean technology investment tax credit; a clean electricity focus for the Canada Infrastructure Bank; supporting clean electricity projects such as the Atlantic Loop; securing major battery manufacturing here in Canada; delivering the Canada growth fund; enhancing the reduced tax rate for zero-emissions technology manufacturers; and supporting clean technology projects.

There are so many things that one could actually make reference to with respect to the environment, including banning harmful single-use plastics and making zero-emissions vehicles that much more affordable. I have already commented extensively in the past about the price on pollution. These are all things, both budgetary measures and legislative measures, which the Government of Canada over the last number of years has put into place as a direct response to listening to what Canadians' expectation of the government is. We are bringing that to Ottawa, listening to what our constituents are saying and developing legislative and budgetary measures that support the desires of Canadians from coast to coast to coast, and for good reason.

All one needs to do is take a look at what is happening in our environment today and listen to what is happening around the world. Canada does have a leadership role to play, and this is a government that is living up to that leadership. We see every day, through the minister, with respect to the car he drives, the policies he announces and the budgets he presents to the House of Commons through the Minister of Finance, that this is a government that is committed to protecting our environment.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 4:15 p.m.


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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Mr. Speaker, I find it interesting. It is almost as if my colleague from the Liberal Party has not actually paid that close attention to the developments that have taken place regarding Bill S-5. When this bill came from the Senate, there were some concerns. In fact, his party shared some of the concerns that the Conservative Party shares. At the environment committee, which I am pleased to be a part of, we were able to address some of those concerns and not play politics. We worked very diligently to try to find the appropriate balance that we thought would be acceptable to industry, to environmental advocacy groups and to those involved across the board. Not everybody was happy with the way Bill S-5 came out of committee, but certainly the result at that point in time was something that could be supported fairly broadly.

What is interesting is that NDP members moved this amendment at committee, and the Liberals voted against it. Instead of working together, and instead of putting politics aside for the best interests of industry and environmental groups, the Liberals decided to kowtow to their coalition partners and to throw out the jurisdictional issues surrounding provinces and surrounding some of the very sensitive concerns with tailings ponds. Can this member say why, instead of working together, they decided to play politics with an issue that is so important to so many across this country?

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 4:15 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is interesting in terms of everything this legislation has actually gone through, whether in the Senate committee meetings or the House of Commons committee meetings. I was not present during those House of Commons standing committee meetings, but I can tell members, from everything I have heard, that the Conservative Party's decision to not support Bill S-5 was because of an amendment that was brought forward by the NDP and then supported. It is an amendment that raises an issue in a public fashion. In terms of substantive action, though, I am not too sure.

Can the member, who will likely get another question, tell us specifically what it is with that particular amendment that would have an outcome such that the Conservative Party has made the decision to ultimately change and flip-flop its position on Bill S-5, given the importance of this legislation? I would suggest that the member cannot clearly demonstrate that.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 4:20 p.m.


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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I will start with a little aside to congratulate my colleague from Repentigny for her exceptional work in committee.

In his speech, my colleague spoke about the issue of labelling. The Senate proposed all sorts of amendments concerning labelling, toxic substances and even GMOs.

Why did the Liberals vote against these amendments? Will the Liberals promise to make labelling a focus of the next study to be undertaken soon?

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 4:20 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we do know that there would be an ongoing review, because it is mandated from within, with regard to labelling. As I indicated to the member who just provided another question, I was not actually at the committee. What I do know is that there were committee amendments brought forward from different political entities, and I thought there was a high sense of political co-operation. We saw government amendments and also opposition amendments pass, and I suspect there would have been a more detailed answer to the specifics at the committee stage.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 4:20 p.m.


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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Speaker, air pollution has very well documented human health risks, and we now know much more about the human health impacts of air pollution, especially particulate in the sub-2.5-micron range, such as from wood smoke. I am wondering why the bill would not address anything, in terms of binding and enforceable standards for air quality. It seems like a considerable omission.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 4:20 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am a former health critic for the Province of Manitoba. The quality of air, whether from stubble burning or forest fires, is an issue that came up periodically when I was acting in that capacity. There is no doubt that emergency facilities, doctors and so forth, fill up. Air pollution is very real. It is tangible. I was not part of every aspect of the legislation. I do not necessarily know exactly what the legislation would do with regard to air quality, but I would concur that it is an issue we should all be concerned about, and I suspect that, at some point in the future, we will even be dealing with it in a more detailed way.

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

May 29th, 2023 / 4:20 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)

Mr. Speaker, the parliamentary secretary was speaking before question period about this, and I know he spoke at length about the Conservative Party's flip-flops when it comes to the environment, in particular on the fact that all 338 candidates for the Conservative Party of Canada in the last election ran on a platform that priced pollution. Now, suddenly they do not, and I have heard only one member in the House actually say she regrets having run on that, and I applaud that member for that. I will not call her out by name, but she did such a great job in doing that.

I am wondering if the parliamentary secretary would agree with me that more Conservatives should heed her leadership and stand up to say they regret having run on that commitment, considering they do not believe in it now.