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

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 18th, 2022 / 10:55 a.m.


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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, my colleague basically just spent 20, 30 or 40 minutes—I am not even sure, but it seemed endless to me—telling us that this does not make sense and that we should be talking about something really important with Bill S-5, namely, the environment. He said that it does not make any sense that the Conservatives are holding up the work and that they do not want us to debate an important subject.

Just yesterday, the Liberals on the other side of the House imposed a gag order on Bill C-31, a very important bill on housing and health.

Is my colleague not a little embarrassed?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 18th, 2022 / 10:40 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the member says that we do not want to talk about it. We have had emergency debates on it. Questions and answers have taken place. There have been all sorts of opportunities. I even highlighted those opportunities to remind members of them.

In fairness to members across the way who are a little frustrated with some of the comments I made, I suspect they really did not have anything to do with what is happening this morning. I suspect this is from the Conservative House leadership team, the people who are in the back. This includes, I suggest, their new, shiny leader's office. He has made the decision that we do not need a price on pollution and has made other decisions that have ultimately displaced some people inside the chamber in terms of where they sit.

There are things that are really important, and that is not to say what is taking place in Russia or Ukraine today is not important. We all know that is important. That is why we have agreed in the past. If we were to check on it, we would find that there were emergency debates on what is taking place in Ukraine. Now is not the time for us to be talking about it this morning. This afternoon we are going to be talking about other important legislation. This morning provided us the opportunity, from now until two o'clock, to hear members on all sides of the House talk about the importance of the environment and what it means to our constituents, and to take a look at substantial legislation.

I know the member for Winnipeg South came in this morning to virtually take note of all the different comments that were going to be made, because I know how aggressive and supportive he is in ensuring the issues that might have been raised would, in fact, be addressed in one way or another. We had ministers who were inside the chamber to ensure that the legislation began. Now is not the time that we should be talking about concurrence in an immigration committee report.

The member for Sherwood Park—Fort Saskatchewan started off by talking about human rights. I am a great admirer of Irwin Cotler, a former colleague. I sat, when I was in the third party, over in the corner with Mr. Cotler. He is an incredible individual and someone who genuinely understands world politics and human rights violations. I have a deep respect for the individual, and there was a special invite that was given out. I think it was yesterday, and it is really pleasing.

Vladimir Kara-Murza is a hero in the minds of many around the world because of the actions he has taken. He is living, every day, the consequence of his actions, because he is in prison unfairly because of the words he said to people around the world. His spouse is actually here in Ottawa. Like others, I received an email. Unfortunately, I could not attend, but I know, without any hesitation, its credibility, because I received the email from my friend Mr. Irwin Cotler.

That is why, when the member for Sherwood Park—Fort Saskatchewan starts off on the issue of human rights, I like to think that all members of the House understand and appreciate the importance of human rights. In fact, in my own home city of Winnipeg, we have the Canadian Museum for Human Rights, and I have had the opportunity to visit it on a couple of occasions, once it was completed and once during the construction phase. The level of interest in human rights continues to grow among the public.

The war that is taking place in Europe today and the amount of attention it has received has enhanced the general public's knowledge of human rights issues. We know what is taking place with the violations in Ukraine today, whether it is torture, rape or what they are doing with children. There will be consequences.

The Government of Canada has made it very clear that we will continue to monitor this and ensure there is a follow-through and a sense of a accountability for what is taking place there. That is something we are indeed committed to.

Even prior to when Putin began his illegal invasion, Canada was there in a very real and tangible way. Members of the Canadian Forces participated, and we put financial supports for its economy into place. There was a great deal of dialogue between Canadian members of Parliament and the members of Parliament and civil society in Ukraine. We are very much aware and the government has been supportive. I remember standing and talking about other aspects and other ways in which we can support Ukraine.

After talking with the Prime Minister and people like the Deputy Prime Minister and Minister of Finance, and the chair of the Canada-Ukraine Friendship Group, not to mention the community itself, where we had thousands of people show up, we understand what is taking place. However, I am going to argue that today is not the day we should be talking about this. If there is a need to talk about it, then let us work together in a take-note debate. If the Conservatives do not want that, they can use an emergency debate. If they do not want that, they can use an opposition day debate. There are other opportunities.

Today, we are supposed to be talking about our environment and Bill S-5. I think there are a lot of people who are very disappointed in the Conservative Party once again because of its determination to prevent the House from dealing with Canada's environment. I believe there will be a cost to be paid, and the Conservatives will see that and realize that in the time ahead.

I am thankful to be allowed to share a few thoughts.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 18th, 2022 / 10:40 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, members will find that everything I have spoken about thus far has been referenced by the member who brought forward the motion today. The member interrupted my speech to say that I am not being relevant, but everything I have said thus far is a reflection on what the previous member was talking about and why he felt it was important. He was critical of me when I asked him a question. He said the government had no other priorities and that was why he was bringing it forward. I am addressing exactly what the member brought forward. For another member to say that I am not being relevant, I think they need to refresh themselves.

When it comes to the issue of Ukraine and what is taking place in Russia today, I do not need to be lectured in any fashion by the Conservative Party. We have been a government of action on that front on a multitude of levels. However, I will get to that after I finish addressing the points the member who introduced this motion raised in his response. When he said to me that the government has no priorities or did not make Bill S-5 a priority, I tried to explain to the member why that is the case. It is almost as if the Conservative Party, by making that particular point of order, is conceding the fact that I may be right in my assertions. I would argue that I am. Many of them are feeling uncomfortable.

The member brings forward a motion. There is not too much to the motion itself. If one reads the motion, it states that the Standing Committee on Citizenship and Immigration report the following to the House:

We

(a) condemn the continuing attack on Ukraine ordered by Russian President Vladimir Putin,

(b) recognize that a growing proportion of the Russian people are bravely resisting and opposing this attack,

(c) call on the Government of Canada to develop measures to support Russian dissidents, human rights defenders, and conscientious objectors within the military who are seeking to urgently flee Russia, while ensuring that necessary security precautions are taken.

I believe it is important that the House recognize where the priorities of the opposition are. Take a look at the contrast between the Government of Canada and the opposition party today. When we have the opportunity to deal with the environment, they choose to filibuster. That is really what this is about. It is not about the motion that is before us. There is a motion on the floor, but it has nothing to do with the content of the motion. That is the point I am making.

The opposition members do not want to see the advancement of the government's agenda on the environment, and they have demonstrated that by the policy decisions they have made. The policy decisions virtually ignore the concerns that Canadians have from coast to coast to coast with respect to our environment. Instead, they are saying they want to talk about what is taking place in Russia and the impacts of the war in Ukraine.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 18th, 2022 / 10:35 a.m.


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Winnipeg North Manitoba

Liberal

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

Madam Speaker, I want to pick up on what the member just said. I, for one, like all members of the Liberal caucus, understand what is taking place in the Conservative Party today, and it is a little discouraging. The Conservative Party has many different ways in which it can address a wide spectrum of issues, yet it has chosen today to do this, a day on which we were supposed to be starting a very important debate on Bill S-5.

Bill S-5 ultimately carries through on many platform issues from more than one political entity in the House that deal with our environment. I know many members opposite are climate deniers and do not recognize that climate is having an impact that needs to be addressed, but this legislation, Bill S-5, deals in good part with an issue that is so important to our country.

The member opposite who introduced this motion had many different options he could have chosen, and I will reference them. If the member was genuine in wanting to be able to talk about issues of human rights and so forth, he could have brought it forward in the form of an emergency debate. Right after the petitions, the member could have stood and asked the Speaker for an emergency debate and made his case. The Conservative opposition chose not to do that.

The Conservative opposition could have approached the House leadership and said it would like to have a take-note debate on the issue. I am part of the House leadership team on the government side, and to the best of my knowledge there was not one word on the issue the member has brought forward today. There was not one word in regard to this being such an important issue and their wanting to be able to debate it today on the floor of the House of Commons.

Conservatives had two other opportunities so far in the last few weeks to bring forward this issue. They are called opposition day motions. They do not need approval from the Speaker for that like for an emergency debate. They do not need the government to say it agrees and will call it as a take-note debate. An opposition day is a day on which the Conservative Party gets to choose what the House is going to debate. Conservatives also chose not to use that opportunity.

Is it really a priority of the Conservative Party under its current leadership? I would argue it is not. Why do we have this motion before us today? It is because the Conservative Party does not want to see Bill S-5 advance through the House of Commons. It is sending a message even before we can introduce the legislation. The ministers are here in order to bring forward the legislation and begin the debate, and we have the Conservatives trying to prevent that debate from taking place.

When I posed the question to the member opposite, part of his response was that it is the government that sets the legislative agenda, and that if it was such a huge priority, why had it not introduced the legislation. He said that it had many days to do so and guessed it was not a priority. That is what the Conservative Party says after it failed in the other three areas in which it could have brought in the motion it wants to debate this morning.

The member is partially correct on that, if I want to be fair. The government does set the agenda. However, without any sense of co-operation coming from opposition parties, in particular the official opposition, the number of things the government can actually bring in is limited.

We ask, “Well, how many government days have there been?” There have not been that many days since we have been back, and what is it that we have been doing? We are still dealing with pandemic relief. We are supporting Canadians who are trying to get through some very difficult times. We are establishing new national programs that are having an impact on millions of Canadians coast to coast to coast, while the Conservative Party wants to go back to its old ways of filibustering and preventing the House from being able to pass the measures that are so critically important to Canadians. Instead, it wants to start the filibuster all over again.

I get it. The Conservatives do not want us to advance on the environment. It is disappointing. We have seen the Conservative Party flip once again on the environmental issues, and the best example of that, in fact, is the price on pollution. With the price on pollution, we will recall that every member of the Conservative Party in the last federal election told voters that they would support a price on pollution. They all campaigned for it in the last federal election. They have taken a complete flip.

Is it any wonder that now, today, when we are supposed to be debating Bill S-5, a member brings forward a motion to prevent us from debating Bill S-5, on the environment, and we get the Conservative Party of Canada, the loyal opposition party, saying, “No”?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 18th, 2022 / 10:30 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, the House has sat for three weeks thus far this fall, and the government did not call Bill S-5 on any of the days in those three weeks. The government has clearly demonstrated that Bill S-5 is not a priority, and I suppose the member could talk to his House leader about why the government has not chosen to prioritize this bill.

This issue of supporting the Russian opposition is critical. We felt it that was valuable and important to have this debate at a time when Evgenia Kara-Murza is in Ottawa, engaging in this advocacy and supporting the Russian opposition. This is an opportunity for all members to call for Vladimir Kara-Murza's release and to express our support for the Russian opposition.

Later today, the government will have an opportunity to call whatever legislation is its priority. The government has most of the day available to it, but there are some limited opportunities the opposition has to raise its priorities and this is one opportunity. We have chosen to raise this important issue of supporting the Russian opposition in a non-partisan way, and we hope it gathers the support of all members.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 18th, 2022 / 10:30 a.m.


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Winnipeg North Manitoba

Liberal

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

Madam Speaker, I am wondering why the member chose today to discuss this, when we were supposed to be debating Canada's environment this morning. Canadians, as a whole, have many concerns related to the environment. Bill S-5 would go a long way in dealing with those concerns. What the member wants to talk about today could have just as easily been brought up in an opposition day motion.

Why is the Conservative Party choosing to prevent debate on Bill S-5 in favour of this being debated, as opposed to proposing an opposition day motion or requesting a take-note debate or emergency debate in the House? Why is it avoiding the discussion on our environment?

Business of the HouseGovernment Orders

October 6th, 2022 / 3:25 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, let me echo the comments of my hon. colleague. Thanksgiving is one of my favourite times. It is an opportunity to be with family and friends. As the hon. member said, we have not had that chance in a very long time, so it makes this a very special Thanksgiving. As the member correctly stated, and we should reflect on this, we really do have an enormous amount to be grateful for in our country. It is a special occasion to give thanks and to be with the people I love. I hope every member has a wonderful time with their family and friends, and with their constituents, over the upcoming constituency week.

With respect to the member's question about when we come back, I will be talking about what we are going to be doing, but first, in answer to this question, we absolutely cannot, and I will say it every time he asks me this question, give up on action on climate. While we take action to make life more affordable, and in a minute I will talk about what we will do over the next coming weeks, we cannot afford to make pollution free again.

We cannot allow pollution to be something that spews into the environment without consequence. We will continue to return that money to Canadians. Eight out of 10 Canadians will see more back. We can fight climate change, we can do affordability and we can do those things at the same time.

I am proud to say that our agenda to make life more affordable for families continues. It continues tomorrow when we take action, again, on the environment with Bill S-5, making important amendments to the Environmental Protection Act to improve and protect our environment, and at the same time take essential action to move forward with Bill C-31, which would provide families right across Canada the opportunity to ensure they have dental care, that this is not something, as life gets globally more challenging, that is left to the wayside. We know how important dental care is to health. I hope the member opposite will be supporting us in that as it comes forward.

On the Monday, when we return from our constituency week, we will continue with debate on Bill C-31, as I referenced earlier, with respect to dental care and support for housing.

On Tuesday, we will move forward with Bill C-22, the Canada disability act, which is critical support to help lift hundreds of thousands of Canadians who are disabled out of poverty. This is essential action to help them, and I hope the Conservatives would support that. I know other parties are.

On Wednesday, we will return to Bill S-5.

Thursday will be an allotted day.

On Friday, we hope to make progress on Bill S-4, which is an act to amend the Criminal Code and the Identification of Criminals Act, COVID-19 response and other measures. We also look forward to advancing Bill C-9, with respect to the Judges Act.

Last, I would like to inform the House that the Wednesday, following question period, there will be a really important opportunity to pay respects and tribute to our friend and former colleague, who we are all mourning, the late Bill Blaikie.

Business of the HouseOral Questions

September 29th, 2022 / 3:10 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, before I begin, let me thank the member opposite and all Conservative members for their support in advancing Bill C-30, which is critical support at this time on the issue of affordability. I want to thank them for helping to move it to committee and for their work to move it through committee. It will be our priority next week to ensure that those critical supports are passed.

In response to the question of whether we will cease taking action on climate change, I note we will never stop fighting for this planet. We recognize that the climate and the economy are intricately bound. However, I would suggest, as my hon. colleague has suggested, that we have critical supports for vulnerable people. An example is Bill C-22. It needs to be adopted so that those who are disabled in this country can be lifted out of poverty. I would suggest there are families that need dental care, and that is covered in Bill C-31. I would suggest there are people who need support on housing, and that is also covered in Bill C-31.

The good news for the member opposite is there are many ways he can help as we work through the affordability crisis that is hitting across the globe.

On Monday, we are going to continue with second reading of Bill C-31, which I referenced earlier. It is an act respecting the cost-of-living relief measures related to dental care and rental housing.

On Wednesday, we will call Bill S-5 concerning the Canadian Environmental Protection Act.

I would also like to inform the House that next Thursday shall be an allotted day.

Message from the SenateAdjournment Proceedings

June 22nd, 2022 / 10:40 p.m.


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The Assistant Deputy Speaker Carol Hughes

I have the honour to inform the House that a message has been received from the Senate informing the House that the Senate has passed the following bill, to which the concurrence of the House is desired: 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 hon. member for Lanark—Frontenac—Kingston.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

June 17th, 2022 / 2:10 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, the importance of the bill and what I wanted to underscore is that it is operative.

Earlier today, of all coincidences, I was speaking at a conference marking the 40th anniversary of the Canadian Charter of Rights and Freedoms at the University of Ottawa law school with many brilliant people. I was not one of the brilliant people, but I was invited anyway. We were reflecting on 40 years of the Charter of Rights and Freedoms and what was missing: What do we need going forward? There were perspectives on the need for socio-economic rights, that we address the enormous income inequality that is growing in Canada and globally, that we address the needs that we express in terms of human rights, but also the rights that were missing from the charter. We spoke of the importance of addressing this gap through environmental rights.

I will note parenthetically that Bill C-226, while being complementary to this right that we should have but do not yet have, we will not have this right if Bill S-5 passes and the Canadian Environmental Protection Act amendments do not create environmental rights as they should, but perhaps we can fix that through amendments.

What are rights without tools to enforce them? The environmental justice program at the U.S. Environmental Protection Agency has, since 1994, created tools that can be used by communities, indigenous communities, people of colour communities, Black communities and low-income communities, who have been historically, and are to this day, deprived of a healthy environment, because they do not have the clout of white, wealthy neighbours. The tools are to hire a toxicologist, to hire an epidemiologist, and are so abbreviated and so well known in the U.S., the EJ program of the U.S. EPA. Environmental justice: that is what we are here for.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

June 17th, 2022 / 1:45 p.m.


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Toronto—Danforth Ontario

Liberal

Julie Dabrusin LiberalParliamentary Secretary to the Minister of Natural Resources and to the Minister of Environment and Climate Change

Madam Speaker, I am pleased to have the opportunity to speak today about the bill brought forward by the member for Saanich—Gulf Islands, Bill C-226, an act respecting the development of a national strategy to assess, prevent and address environmental racism and to advance environmental justice.

Before I speak about the bill, I would like to take this opportunity to recognize Lenore Zann, the former member for Cumberland—Colchester, because it was her important work on this bill in the previous Parliament that really kick-started this process. I am really happy that we get to stand today and continue the work that she started on it.

I would also like to thank the member for Saanich—Gulf Islands for carrying forward that important work and reintroducing this bill.

Returning to Bill C-226, the bill proposes to develop a national strategy to assess, prevent and address environmental racism and advance environmental justice in consultation with any interested persons, bodies, organizations or communities, including representatives of governments in Canada and indigenous peoples.

The minister would be required to develop a strategy within two years of the bill receiving royal assent and to report on its effectiveness every five years.

The Minister of Environment and Climate Change is mandated to develop an environmental justice strategy and examine the link between race, socio-economic status and exposure to environmental risk.

Given the important objectives of this bill and its clear alignment with the government's commitment as declared by the Prime Minister, we support this bill.

It is important to also recognize that, while the development of our environmental justice strategy reflects a new approach, it is well aligned with a broader range of Government of Canada policies and initiatives. In fact, there are a number of complementary efforts under way that will support environmental justice for all Canadians and inform the strategy developed under Bill C-226. For example, the government introduced Bill S-5, the strengthening environmental protection for a healthier Canada act, in the Senate on February 9. Bill S-5 aims to strengthen the Canadian Environmental Protection Act, commonly referred to as CEPA, with a particular focus on recognizing a right to a healthy environment as provided under that act and strengthening Canada's chemical management regime.

If it is passed, the Minister of Environment and Climate Change and the Minister of Health will be required to develop an implementation framework to set out how the right to a healthy environment would be considered in the administration of CEPA. Among other things, the implementation framework would elaborate on principles to be considered in the administration of CEPA, such as environmental justice, which includes avoidance of adverse effects that disproportionately affect vulnerable populations. The framework would also elaborate on non-regression, which generally refers to continuous improvement in environmental protection. Canadians would have an opportunity to participate in the development of the implementation framework.

In addition, the ministers will be required to conduct research studies or monitoring activities to support the government in protecting the right to a healthy environment. This requirement could provide valuable information as the government moves forward on environmental justice issues. For example, it could include the collection and analysis of data to identify and monitor populations and communities that are particularly vulnerable to environmental and health risks as a result of greater susceptibility or greater exposure.

Additional amendments proposed in Bill S-5 would recognize in the preamble the importance of considering vulnerable populations when assessing risks related to chemical substances, as well as the importance of minimizing the risks of exposure to toxic substances and the cumulative effects of toxic substances.

The amendments would also set out requirements for a number of new elements, including requiring that the Minister of Health conduct biomonitoring surveys that may relate to vulnerable populations, ensuring that vulnerable populations and cumulative effects are taken into account when developing and implementing the new plan for chemical management priorities, and requiring that the ministers consider available information on vulnerable populations and cumulative effects when conducting and interpreting risk assessments.

The proposed bill reflects the need to better understand the link between race, socio-economic status and exposure to environmental risk. This government has prioritized science and evidence-based decision-making, and this is a key component in setting a course for environmental justice.

In short, good information is crucial for providing the evidence-based foundation needed to enable informed policy actions. Ensuring that our policy actions are based on facts, science and evidence will strengthen our capacity to achieve the outcomes we strive for.

For example, it is important that science and how we manage risks from chemical substances systematically account for potential adverse impacts on vulnerable populations. The government will continue to consider available information on vulnerable populations when assessing risks related to chemical substances under CEPA, a practice that would be codified with Bill S-5.

In addition, in this context, biomonitoring data are an important source of information on levels of exposure for vulnerable populations, as well as on combined exposures to multiple chemicals. For example, the maternal-infant research on environmental chemicals research platform has been used to collect data on pregnant people and children. Furthermore, the issue of cumulative effects of toxins may be especially problematic for indigenous peoples.

In support of world-class scientific research and monitoring, the government provides funding for the northern contaminants program. It aims to reduce and, where possible, eliminate contaminants from the Arctic environment while providing information to northerners about contaminants in traditional country foods to allow them to make informed decisions about their food use.

Further, I would also like to make note of the recently released 2030 emissions reduction plan that sets the stage for continued emissions reductions and highlights the importance of cutting emissions as a means to fight inequality in communities more vulnerable to the impacts of climate change. This plan also reflects the importance of engaging with indigenous peoples, and pursuing equality and justice in economic and sectoral transitions that will support emissions reductions.

In addition to these efforts, our existing legislation and policies continue to assist in advancing environmental justice. In August 2019, the Impact Assessment Act came into force and put in place better rules for federal assessment of major resource projects. The Impact Assessment Act reflects values that are important to Canadians, including early, inclusive and meaningful public engagement, partnerships with indigenous peoples, timely decisions based on the best available evidence and indigenous knowledge, and fostering sustainability for present and future generations.

The Impact Assessment Act provides more and earlier opportunities for participation by indigenous peoples, historically marginalized communities and all Canadians. Public participation provisions across the act would help to ensure the participation was meaningful and that in particular indigenous peoples have the information, tools and capacity they need to contribute their perspectives and expertise to project reviews.

For example, the planning phase would ensure early discussions and dialogue with indigenous groups and the broader public. Canadians want to know that industrial and resource development activities are appropriately planned and properly regulated in ways that account for the full range of impacts on Canadians, including on communities that are experiencing marginalization. The Impact Assessment Act would ensure robust oversight and thorough impact assessments that take into account both positive and negative environmental, economic, health and social effects of a project, including potential cumulative effects.

To understand how projects may impact diverse groups of people differently, the act requires that a gender-based analysis plus, GBA+, be applied to the assessment of project effects. The act also expressly requires that decision-making processes recognize and respect indigenous rights and knowledge. The act ensures that the effects within federal jurisdiction of projects are reviewed fairly and thoroughly in order to protect the environment and support economic growth. Budget 2022 contained impact summaries for each new budget measure in terms of gender, diversity and other factors as part of our continued commitment to GBA+.

In conclusion, we see the bill and the activities proposed by the bill as another way to advance and make progress in equality and diversity, which are fundamental to creating a thriving, successful and inclusive country. I want to thank the member for Saanich—Gulf Islands for bringing forth this important bill, and I am very pleased to say that we will be supporting it.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

June 17th, 2022 / 1:25 p.m.


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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, it is the last Friday of this session in the House. If I may, I would like to take a moment to acknowledge everyone who has supported our work throughout this past parliamentary session. This includes the interpreters, the pages, the Sergeant-at-Arms and his team, maintenance staff, cafeteria employees, IT support staff, law clerks, analysts, and so on. Not only do these people help us represent our constituents to the best of our ability, but they also make our job so much more enjoyable simply because they are so incredibly nice.

Madam Speaker, as everyone knows, Fridays can be a little colourful in the House compared to most other days. We are often treated to all kinds of surprises, including new faces in the chair you are now occupying. I want to congratulate everyone who has taken a surprise turn in the chair over the past few weeks. Everyone did a great job. Let me single out my colleague from Joliette, as well as the member who spoke right before me, my colleague from Kitchener Centre.

As I said, Fridays are full of surprises, and parliamentarians' schedules are sometimes turned upside down. I would therefore like to say a quick hello to Marie‑Andrée Cardinal's special education class at École Marguerite‑Bourgeoys. I was supposed to meet with them this morning, but unfortunately had to reschedule. I look forward to meeting them, and I know that it will happen another time. In the meantime, I wish them a great end of the school year and above all a good summer vacation.

I will come back to our current subject, Bill C‑226. This is not the first time that a bill on environmental justice has been tabled in the House. In the previous Parliament, the then member for Cumberland—Colchester, Lenore Zann, introduced Bill C‑230, whose objectives were fairly similar to those of the current Bill C‑226.

When the vote was held at second reading, the Bloc Québécois did not support the bill. Specifically, we raised questions about interference in Quebec's jurisdictions, because, as drafted, it contained provisions that directly attacked Quebec's environmental sovereignty. I will come back to this point later.

The bill did make it to second reading and the committee was able to correct these and other aspects, which made it possible for the Bloc Québécois to finally support it. What happened next is history. The bill died on the Order Paper when the government called an election in the summer.

Discussions about bills similar to Bill C-226 are not just a thing of the past. The other chamber is currently holding a similar debate on Bill S-5, the strengthening environmental protection for a healthier Canada act. We can see that people want something to be done about environmental human rights, and the Bloc Québécois thinks that is a good thing. Since Bill S-5 is broader in scope when it comes to addressing environmental injustices, one has to wonder whether, if it passes before Bill C-226, Bill C-226 will then become obsolete. We will see.

In short, Bill C-226 is no doubt inspired by a very noble desire to advance environmental justice. However, what starts out as a good intention unfortunately does not always lead to a good end result, or the implementation of a good policy, and we believe that Bill C‑226 has some shortcomings. I mainly want to focus on two of them today.

As has already been mentioned, Bill C‑226, like the first version of Bill C‑230, would create a Canada-wide strategy, which, in a federative context, might not be the right approach. Any action by the Canadian government must take into account that Quebec and the provinces have jurisdiction over environmental protections and health and social services. More specifically, it should recognize that the Government of Quebec has authority over these matters. We therefore believe that it would be inconsistent to claim to be fighting for environmental justice at the federal level without, at the same time, defending the environmental sovereignty of Quebec.

Parts of the federal infrastructure, such as wharves, ports, airports, telecommunications infrastructure, federal property and so on, are not subject to our environmental protection laws or municipal bylaws. Quebec's environmental protection and land-use planning laws must apply to all Quebec territory and must not be overridden by federal laws.

This reflects the unanimous will of the Quebec National Assembly, which, on April 13, 2022, voted in favour of the primacy of Quebec's jurisdiction in matters of the environment and opposed any intervention by the federal government in matters of the environment on Quebec territory.

I want to add that, in Quebec, the right to live in a healthful environment in which biodiversity is preserved has been enshrined in the Quebec Charter of Human Rights and Freedoms, a quasi-constitutional statute, since 2006. I mentioned Bill S‑5 earlier, and I want to point out that one of the objectives of this bill is to enshrine this type of right in Canadian legislation.

Because this happened last time, the Bloc wants to remind the House that respect for Quebec's environmental sovereignty cannot be sidestepped during the study of this bill.

The other concern I want to raise about Bill C‑226 is that it should focus on environmental justice rather than environmental racism. Not only are there issues with the definitions, but also the notion of environmental racism might not be universal enough. Many people may slip through the cracks, even though we should be tackling the environmental inequality they experience too.

My colleague from Repentigny did a great job of summarizing the situation when she spoke to the former Bill C‑230:

My thought is this. If we introduce new policies based on new rights, such as the right to a healthy environment, everyone should benefit from it. Furthermore, if the policy is well thought out and targeted, it will correct unequal situations. Those who suffer the greatest injustices will then receive help and support from the government, and even reparation for the harm done. That's my understanding. The rights and the criteria for receiving state protection and support are universal. If the principles are truly applied to everyone, without discrimination, then the policy will have the effect of reducing inequalities based on differences.

Leaving aside issue of interference for now, here is my question: If the only inequalities covered by Bill C‑226 are race-related, are we leaving out other people who also deserve protection?

The Commission des droits de la personne et des droits de la jeunesse du Québec also addressed the issue of the systematic correlation between certain social inequalities and the notion of race.

...the idea that socio-economic, cultural and political differences between groups of individuals can be based entirely or in part on biological and genetic disparities has been widely rejected by most researchers in the social sciences.

Here is a concrete example. If the population of eastern Montreal, which is diverse and has its historical roots in the working class, were affected by air pollution, which we know it is, would it be subject to or excluded from the strategy? Furthermore, we must question the criteria used.

Similarly, would the municipality of Rouyn-Noranda, which is grappling with serious problems of air quality and overexposure to arsenic, be covered by the bill? This matter does raise issues of environmental justice, because, like David against Goliath, citizens whose life expectancy has been cut by five years are fighting Glencore and its $4-billion profits. Would Rouyn-Noranda, on the sole basis of environmental racism, enjoy protection under the law?

In short, this seems to be a matter of universality. We know that a policy is good when its measures are reasonably flexible. Throughout history, the social policies that have best served the advancement of rights and social protections and reduced inequalities, in other words, the development of a welfare state, have been universal policies. The best way for the government to avoid discriminating based on differences is to blind itself to differences.

If our institutions implement new policies based on new rights, such as the right to a clean environment, everyone should have them. If the policy is well-thought-out, if the implementation measures manage to remedy inequitable situations, then those who suffer the most from injustice will receive help and support from the government, as well as reparation for any harm done. If the rights and the eligibility criteria for government protection and support are universal and if those principles are applied to everyone without discrimination, then the policy will also eliminate inequalities based on differences, all differences.

These are two things that we should think about in order to improve the bill. I will end there.

Criminal CodeGovernment Orders

June 9th, 2022 / 8:15 p.m.


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Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, it is a pleasure to join the debate this evening, and I think I will be bringing it home before we move on to the other piece of government legislation we are going to discuss.

Bill C-5 is problematic for a number of reasons, and I am going to articulate why I will not be able to support this bill. We have heard a lot of rationales presented by members on the government benches as to why this bill is compassionate, why they believe it is important that this needs to be done and why it is urgent that it be done now.

I would note that this bill was progressing through the House in its previous form in the last Parliament, and during that Parliament the Prime Minister and members of this place undertook not to call an election during the pandemic. However, politics being politics, the Prime Minister saw that the polls seemed favourable for his party's electoral fortunes, called an election and killed the bill.

Now we are back, and I guess it is urgent once more. The Liberals believe that, but it was not in the intervening period.

Let us talk about what the bill really would do. I want to address some of the arguments made in favour of it by the bill's proponents. One of those arguments is that eliminating mandatory prison time for some of these offences would help racialized Canadians and minorities who are disproportionately affected and over-represented in the justice system, so the Liberals are going to eliminate the MMPs for those individuals.

That is what they say Bill C-5 would do. In about 12 minutes we are going to debating Bill C-21, so let us talk about what Bill C-5 would do and what Bill C-21 would do.

Bill C-5 would remove the mandatory prison time for possession of a weapon obtained by the commission of an offence, so there would be no minimum. Bill C-21 would increase the maximum. Bill C-5 would remove the minimum penalty for weapons trafficking, while Bill C-21 would increase the maximum amount of time. For possession for the purpose of weapons trafficking, Bill C-5 would eliminate the minimum penalty, and Bill C-21, as members guessed it, would increase the maximum penalty. The same is true for importing or exporting a weapon, knowing it is unauthorized. The bills would remove the MMP and increase the maximum.

If the contention by the government is that it would be removing the minimum penalty because the folks who are being convicted of these offences are racialized Canadians and they are disproportionately represented in the justice system, why is it that the government wants to increase the maximum penalty?

There seems to be a bit of mental gymnastics happening for the Liberals to put forward these two pieces of legislation, which we are going to be debating in the House literally minutes apart.

We have talked about the opioid crisis in recent days in this place, and we talked about it today. It is a scourge in our country. People are dying every day, and the perpetrators, the dealers of this poison, who are preying on people in all of our communities, should know that what they are doing will carry the harshest penalties in our justice system. They are not the victims.

Bill C-5 would eliminate mandatory prison time for trafficking or possession for the purpose of trafficking, importing and exporting or possession for the purpose of exporting, and production of a schedule 1 or 2 substance. Schedule 1 and 2 include heroin, cocaine, fentanyl and crystal meth.

I have heard conflation regarding this bill and the government's work with the Province of British Columbia to decriminalize what they call “simple possession” of those same substances. When we talk about fentanyl and carfentanil, two and a half grams is considered personal possession. That is enough to kill 1,000 people. That is 1,000 lethal doses.

Yesterday at the health committee, we heard Canada's chief public health officer say that if there is an overdose at a party or someone is carrying two and a half grams of carfentanil or fentanyl, the first step would be to administer naloxone, or Narcan. I do not know what the situation is like in British Columbia with respect to its emergency service preparedness for overdoses, but I do not know of a lot of fire or police departments or public health agencies that have 1,000 Narcan kits on hand. That is incredibly troubling.

This bill also talks about the expansion of conditional sentencing. This is where someone who is found guilty of an offence is able to serve their sentence in the community. The first thing I would draw to the attention of members in this place is bizarre, to put it gently. Someone would be eligible for conditional sentences, which means not serving their sentence in jail, if they are found guilty of prison breach. Therefore, when they break out of jail, the judge will say that it would be more appropriate for them to serve their sentence in the community. It is absurd.

To move from the absurd to the serious, I note offences such as sexual assault, kidnapping, trafficking in persons for a material benefit and abduction of a person under the age of 14. Someone found guilty of these offences would be eligible to serve their sentence in the community where they perpetrated the offence on their victims. They could be in the house right next door. That is not justice. We need to concern ourselves very much with the effects this legislation would have on the victims. This country needs to take an approach where the lens we put on everything we do has victims in mind. These perpetrators are not the victims.

Consider offences such as assaulting a peace officer causing bodily harm or with a weapon. Of course, we can go back to trafficking in or exporting and importing schedule III drugs. After putting poison in our communities, someone can serve their sentence in the community they were poisoning.

We have also heard about diversion for people who have simple possession for personal use of drugs and are struggling with addiction issues. We should have legislation in the House with a comprehension approach for treatment in every single one of the provinces. The Prime Minister, the Minister of Mental Health and Addictions, the Minister of Health, the Minister of Public Safety and the Minister of Justice should be working with the provinces every single day to come up with a framework for a national strategy on treatment. Right now, there are no Crown prosecutors bringing people before the courts for simple possession. There has already been a directive given by the prosecution service for that not to happen.

This bill is deeply flawed, and there are a number of ways we could work together in the House to make sure we are standing up for victims and make sure we are addressing those who are struggling with addiction. That is what I would like to turn my attention to and I will not be supporting this legislation.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

April 26th, 2022 / 6:45 p.m.


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NDP

Laurel Collins NDP Victoria, BC

Madam Speaker, I am thrilled to support this bill. Environmental racism is a pressing issue in Canada and addressing environmental injustice is one of the reasons I got into politics. This is a priority for me and for my New Democrat colleagues.

I want to thank the member for Saanich—Gulf Islands for bringing this bill forward and for bringing this important issue back to the House. I have followed the progress of efforts to pass a bill on environmental racism for years, starting with the provincial bill that our former colleague Lenore Zann had worked on with Dr. Ingrid Waldron and put forward when she was a New Democrat member of the Nova Scotia legislature.

Before being elected to represent Victoria, I was teaching at the University of Victoria. I taught a course that focused on environmental racism, and I got my students to read that provincial bill, which was the first of its kind in North America.

Sadly, despite several attempts, it never passed in Nova Scotia. I was so excited to see Lenore introduce a new, federal version of her bill in the last Parliament, and was deeply disappointed to see it die on the Order Paper with the last election, even though it had passed through the environment committee with support from all parties.

Environmental racism is a huge problem, but it is often ignored or, worse, denied by those who do not wish to acknowledge systemic racism in Canada. Across Canada, we know that toxic dumps, polluting projects, risky pipelines, tainted drinking water and the effects of the climate crisis disproportionately hurt indigenous, Black, and racialized communities. Systemic discrimination has been embedded in environmental policy-making.

There is uneven enforcement of regulations and laws, and indigenous, Black and racialized communities are targeted for toxic waste facilities, and the presence of life-threatening poisons and pollutants is officially sanctioned. The communities that are so disproportionately impacted are too often excluded from environmental decision-making.

This bill has strong support from civil society and environmental groups, including the support of Dr. Waldron, who has spent so many years advocating for change on this issue; the ENRICH Project; and the Canadian Coalition for Environmental and Climate Justice. I am hopeful that other members in this place will support this critically important bill and help move it forward quickly to the stage it reached in the last Parliament. I am hopeful that this time we can pass it. We need to take urgent action toward environmental justice, and this bill is an important step.

In addition to a national strategy to address environmental racism, I would also like to see the right to a healthy environment enshrined in law. I would like to see the establishment of an office of environmental justice, which could help oversee the strategy on environmental racism that this bill proposes. This kind of office could improve our understanding of the burden of preventable environmental health hazards faced by indigenous, Black and racialized communities for which data is sorely lacking. It could assess possible interventions to address those hazards and ensure that all Canadians have the opportunity to enjoy the same level of protection from environmental health hazards. It could also help with capacity and help coordinate the integration of environmental equity across governments.

Addressing environmental racism and environmental justice is a big task. Canada currently lacks that coordinated capacity to ensure racialized and marginalized communities have the same level of protection as other Canadians. Increasing evidence confirms that Black, indigenous, racialized and marginalized communities bear the disproportionate burden from the effects of the climate crisis and from preventable environmental health hazards, such as pollution, toxic substances, and environmental degradation.

According to the Public Health Agency of Canada, significant health inequities exist among Canadians living on low incomes, indigenous people, racial and sexual minorities, immigrants, and people living with physical or mental impairments.

While the climate crisis will impact everyone, federal government reports repeatedly confirm that it will exacerbate these existing inequities. Government programs, policies and regulations that address environmental hazards rarely address these inequities. A federal office of environmental justice could champion efforts to advance environmental justice.

It has already been talked a bit about how the United States has models that we can look to. The U.S. has the Office of Environmental Justice. They have had it since the early 1990s, and it could act as a model. The U.S. Office of Environmental Justice is mandated to protect and promote environmental and public health in minority, low-income, tribal, and other vulnerable communities. In 1994, a complementary executive order in a high-level inter-agency working group on environmental justice was put forward and required every federal agency to make achieving environmental justice part of its mission.

The Green Budget Coalition recommended that the government fund a Canadian office of environmental justice and equity to support a whole-of-government approach, mirroring the governance structure in the U.S. and working actively to coordinate with other departments. This was one of its top five budget requests. Unfortunately, it was not taken up by the government and included in this budget.

I was proud to see the establishment of an office of environmental justice as part of the NDP's platform. It is something that I will continue to push the government to adopt as a way to support the work of tackling environmental racism in Canada.

Canada has a lot of work to do to address environmental racism. The systemic inequities that exist are a direct result of historic and ongoing colonization, and this is well document.

After visiting Canada in 2019, the UN special rapporteur on human rights and hazardous substances and wastes wrote, “I observed a pervasive trend of inaction of the Canadian Government in the face of existing health threats from decades of historical and current environmental injustices”. A report submitted to the UN Human Rights Council stated, “Pollution and exposure to toxic chemicals threaten the right to life, and a life with dignity”. It also said, “The invisible violence inflicted by toxics is an insidious burden disproportionately borne by Indigenous peoples in Canada.” Many of us recognize the names of communities that have a toxic mess dumped on them and are abandoned by the government to deal with the devastating consequences. Chemical Valley, Grassy Narrows, Boat Harbour and Africville are just a few examples.

We know that the climate crisis is disproportionately impacting indigenous peoples. Canada is warming at more than twice the global rate, and northern Canada is about three times the global rate, depleting traditional food sources, driving up the cost of imported alternatives and contributing to a growing problem of food insecurity and related negative health impacts. Canada is not adequately supporting the efforts of indigenous peoples to adapt to the climate crisis and is failing to do its part to reduce greenhouse gas emissions. Canada is not adequately taking into account indigenous science and indigenous knowledge in relation to the environment and its protection. It is clear that we have a problem of systemic racism that our government is doing almost nothing to address. In the absence of government action or legislation, and often excluded from the leadership of mainstream environmental movements, indigenous and racialized communities and their allies have been demanding environmental justice, demanding their rights and demanding to be heard.

I also want to mention the right to a healthy environment. Over 150 countries already have legal obligations to protect the right to a healthy environment. However, there is still no federal law that recognizes the right to a healthy environment in Canada. This is something the NDP has long advocated for. Former NDP MP Linda Duncan put forward a bill to establish a Canadian environmental bill of rights, a bill that has been reintroduced in this Parliament by my NDP colleague, the member for South Okanagan—West Kootenay. The Canadian Environmental Protection Act does not currently include any reference to environmental justice or human rights and is 20 years out of date. While I welcome Bill S-5, currently in the Senate, there are troubling limitations being proposed by the government. I look forward to debating that bill, strengthening it and ensuring that Canadians have the right to a healthy environment.

I want to end by once again thanking the member for Saanich—Gulf Islands and expressing my strong support for this bill. I also want to once again congratulate Dr. Ingrid Waldron for her tireless work to bring attention to environmental racism. We need to take urgent action to address the disproportionate environmental impacts felt by indigenous, Black and racialized communities and to advance environmental justice in Canada.

I look forward to supporting this bill and continuing to work with colleagues to tackle environmental racism, but also to establish an office of environmental justice and ensure the right to a healthy environment for all Canadians.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

April 26th, 2022 / 6:35 p.m.


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Bloc

Monique Pauzé Bloc Repentigny, QC

Madam Speaker, I too would like to thank the member for Saanich—Gulf Islands for sparking the discourse, the controversy and discussion. I would say that we in the Bloc Québécois have taken this very seriously. We discussed it for over an hour. However, we may not agree on everything.

There is no doubt in our minds that the federal government has a responsibility to certain populations in Canada, people who face inequalities in their relationship with the environment. The state and quality of the environment has had serious repercussions on our lives over the past two years. We know that this is of paramount importance to everyone.

The Bloc Québécois supports the intention expressed in the title and preamble of Bill C-226 when it comes to environmental justice. If Parliament is to pass such a law, we believe that the concept of environmental justice must be the be the main subject and central concept.

The living conditions that some individuals and communities in Canada find themselves in—and I am thinking here of drinking water, for one—are inconceivable and unacceptable in a supposedly wealthy G7 nation.

That is why we think the House is justified in expressing its desire to act against environmental inequality and discrimination, to study these phenomena in greater depth, to understand the mechanisms and to explore possible solutions. That is all fine.

The existence of geographical differences in standard of living and access to a quality environment is a concern. We should worry about the fact that citizens who are immigrants, who belong to visible minority groups and indigenous communities or who are socioeconomically disadvantaged are directly affected by these differences.

That is why the Bloc Québécois supports government action to address environmental inequality affecting all communities. However, we are not convinced that implementing this from coast to coast to coast across the federation is the right approach if we want to protect the rights of all people to health and access to a quality environment.

Any action the Government of Canada takes must take into account the prerogatives of Quebec and the provinces because environmental protection, health and social services are under the jurisdiction of Quebec and the provinces. The government must therefore acknowledge Quebec's expertise in this area.

In any case, we are convinced that it would be inconsistent to claim to fight for environmental justice at the federal level while failing to advocate for the defence of Quebec's environmental sovereignty.

Some federal infrastructure is not covered by our protection laws. I will talk about a very specific case, that of the Limoilou area, which is next to the Port of Québec. Quebec's environmental laws, which are much more stringent than the federal ones, do not apply there because ports fall under federal jurisdiction. Consequently, everyone living in Limoilou, whether they are immigrants or not, are seeing the quality of their environment and their health deteriorate as a result of dust from ore transshipment. Everyone in the Limoilou neighbourhood is suffering. This is known as a low-income neighbourhood.

Nevertheless, the House rejected the solution proposed by the Bloc Québécois several times by voting against our bill on Quebec's environmental sovereignty. This is in stark contrast to the unanimous will of the National Assembly of Quebec expressed on April 13, 2022, which members will agree is fairly recent, to support the primacy of Quebec's environmental jurisdiction. Members were unanimous in opposing any federal environmental action on Quebec's territory.

In Quebec, the right to live in a healthy environment that respects biodiversity has been included in the Quebec Charter of Human Rights and Freedoms since 2006.

The House of Commons will have an opportunity to follow our lead because Bill S-5, the strengthening environmental protection for a healthier Canada act, is currently being studied in the Senate. It must come back to the House, and we can only agree with introducing this right into Canadian legislation.

Environment-based human rights need to be developed. The best protection against inequality is Quebec's social safety net and the defence of our collective choices.

I remind the House that there is a consensus that socio-economic disparity, limited access to decision-making bodies, and a lack of political power and representation are all at the heart of this quest for environmental justice. When we talk about environmental justice, we are talking about all of this.

The factors I just mentioned cannot be ignored if we want to pursue justice. This is no small feat. We have a lot of work ahead of us.

Quebec has chosen solidarity. Quebec has the best record in North America when it comes to the distribution of wealth. This can be measured. Pan-Canadian standards and strategies often run counter to our collective choices. There are a number of examples of this in the most recent budget, which we have been debating. The federal governments' interference in social affairs is harmful and does not reflect Quebec's reality.

The Bloc Québécois works and advocates for Quebec to be its own country, a country founded on mutual recognition among indigenous nations, a country in which all citizens, no matter the colour of their skin or where they were born, are equal and entitled to equal enjoyment of the benefits of social and environmental justice.

A good policy is obviously a policy whose measures are characterized by a reasonable degree of flexibility. There are certainly extreme situations, such as unacceptable living conditions, that require an appropriate public response. However, let us remember that good policy is universal. It serves the common good and applies to everyone.

Universal public policies—and I must emphasize this—also dismantle unequal structures and discriminatory practices. Be it in Quebec, France or elsewhere, social policies that have done the most to advance rights, develop the social safety net and eliminate inequality—or, in other words, develop the welfare state—are, as I said, universal policies intended for everyone.

The Bloc Québécois wishes to emphasize its commitment to the principle of universality, which enables all members of society to pursue economic and social well-being.

If we institute new policies based on new rights, such as the right to a clean environment, everyone, without exception, should have them. If the policy is well thought out and the measures implemented have a real impact on these inequalities, those who suffer the most from injustice will receive help and support, or reparation for the harm done, from the government.

If the rights and the eligibility criteria for government protection and support are universal and their principles are applied to everyone, without discrimination, then the policy will eliminate inequalities based on differences.

I want to share some lines from a song by Gilles Vigneault, a great Quebec poet who sang Mon pays, which has been adopted as a Quebec anthem. This song evokes the warmth and universality of the Quebec people.

About my solitary country
I cry out before I am silenced
To everyone on earth
My house is your house
Inside my four walls of ice
I take my time and my space
To prepare the fire, the place
For the people of the horizon
And the people are of my race

The Bloc Québécois believes that these rights, and the policies that stem from them, will have to be universal. Everyone must have them, regardless of their differences.

Then we will have powerful legal tools to address inequities and discrimination, including on the basis of origin, language or cultural background, which are induced by unequal environmental factors such as exposure to pollution or lack of access to clean water or life-sustaining resources.