Bill S-5

Strengthening Environmental Protection for a Healthier Canada Act

An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act

This enactment amends the Canadian Environmental Protection Act, 1999 to, among other things,
(a) recognize that every individual in Canada has a right to a healthy environment as provided under that Act;
(b) provide that the Government of Canada must protect that right as provided under that Act, and, in doing so, may balance that right with relevant factors;
(c) require the development of an implementation framework that sets out how that right will be considered in the administration of that Act, and require that research, studies or monitoring activities be conducted to support the Government of Canada in protecting that right;
(d) authorize the Minister of the Environment to add to the Domestic Substances List certain substances that were in commerce in Canada and subject to the Food and Drugs Act between January 1, 1987 and September 13, 2001, and provide that any substance may be deleted from the List when it is no longer in commerce in Canada;
(e) require that the Minister of the Environment and the Minister of Health develop a plan that specifies the substances to which those Ministers are satisfied priority should be given in assessing whether they are toxic or capable of becoming toxic;
(f) provide that any person may request that those Ministers assess a substance;
(g) require the Minister of the Environment to compile a list of substances that that Minister and the Minister of Health have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic;
(h) require that, when those Ministers conduct or interpret the results of certain assessments — or conduct or interpret the results of a review of decisions of certain governments — in order to determine whether a substance is toxic or capable of becoming toxic, they consider available information on whether there is a vulnerable population in relation to the substance and on the cumulative effects that may result from exposure to the substance in combination with exposure to other substances;
(i) provide that certain substances be classified as substances that pose the highest risk based on, among other things, their properties or characteristics;
(j) require that those Ministers give priority to the total, partial or conditional prohibition of activities in relation to toxic substances that are specified in Part 1 of Schedule 1 of the Canadian Environmental Protection Act, 1999 , or to the total, partial or conditional prohibition of releases of those substances into the environment, when regulations or instruments respecting preventive or control actions in relation to those substances are developed;
(k) expand certain regulation-making, information-gathering and pollution prevention powers under that Act, including by adding a reference to products that may release substances into the environment;
(l) allow the risks associated with certain toxic substances to be managed by preventive or control actions taken under any other Act of Parliament, and the obligations under sections 91 and 92 of the Canadian Environmental Protection Act, 1999 to be the responsibility of whoever of the Minister of the Environment or the Minister of Health is best placed to fulfil them;
(m) expand the powers of the Minister of the Environment to vary either the contents of a significant new activity notice with respect to a substance not on the Domestic Substances List or the contents of the List itself with respect to a substance on the List that is subject to the significant new activities provisions of that Act;
(n) extend the requirement, to notify persons of the obligation to comply with the significant new activity provisions of that Act when a substance that is subject to those provisions is transferred to them, so that it applies with respect to substances on the Domestic Substances List, and authorize that Minister to limit by class the persons who are required to be notified of the obligation when a substance that is subject to those provisions is transferred to them; and
(o) require that confidentiality requests made under section 313 of the Act be accompanied by reasons, and to allow the Minister of the Environment to disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism in certain circumstances.
The enactment also makes related amendments to the Food and Drugs Act to enable the assessment and management of risks to the environment associated with foods, drugs, cosmetics and devices by, among other things,
(a) prohibiting persons from conducting certain activities in respect of a drug unless the Minister of Health has conducted an assessment of the risks to the environment presented by certain substances contained in that drug;
(b) enabling the Minister of Health to take measures in respect of the risks to the environment that a drug may present throughout its life cycle; and
(c) providing the Governor in Council with supporting regulation-making authorities.
Finally, the enactment repeals the Perfluorooctane Sulfonate Virtual Elimination Act .

The Environment

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, in 2021, we committed to strengthening and modernizing the Canadian Environmental Protection Act in order to better protect the environment and the health of Canadians. With the passage of Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act, we have kept our promise.

Can the Minister of Environment and Climate Change give us an update on the implementation of this new law?

[Adam van Koeverden, Liberal, Parliamentary Secretary to the Minister of Environment and Climate Change and to the Minister of Sport and Physical Activity]

Mr. Speaker, I would like to thank the member for Cloverdale—Langley City for all the work that he did to advance the Canadian Environmental Protection Act. That is an implementation framework that will be developed within two years of the royal assent of Bill S-5.

Through robust engagement, with opportunities to continuously improve that framework, we are engaging with Canadians. Yesterday, a discussion document was published for public comment and feedback. Now Canadians from coast to coast to coast can provide feedback on the document during our 60-day public comment period between now and April 8.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, Bill S-5, strengthening environmental protection for a healthier Canada act, received royal assent on June 13, 2023. This bill modernizes the Canadian Environmental Protection Act by recognizing the right to a healthy environment is provided under the act, strengthening Canada's chemicals management regime and increasing transparency in the way it is administered. Our government is working to implement the modernized act through several initiatives. There will be opportunities for public input and participation in these different initiatives.

Can the Parliamentary Secretary to the Minister of Environment and Climate Change update this House on the implementation?

Canadian Environmental Bill of Rights

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Madam Speaker, it is once again a real honour and a pleasure to rise here to speak to my private member's bill, Bill C-219, the Canadian environmental bill of rights.

I would like to thank, once again, Linda Duncan, the former MP for Edmonton Strathcona, for drafting the bill and tabling it in, I think, four successive Parliaments, starting in 2009. She is such a real champion for environmental justice in Canada, and an environmental lawyer who knows how to draft bills, despite some of the aspersions we have heard tonight. This is a good bill and a really necessary bill. Her bill, the same bill, basically, passed second reading in 2010. The Liberals and the Bloc Québécois joined the NDP in supporting the bill, so it was passed at second reading. Unfortunately, it died when the election was called in 2011. I am hoping that the Liberals will join the Bloc and the NDP in voting for the bill tomorrow when it goes to a vote.

I would also like to thank everyone else who has supported the bill over the years, especially by helping me understand the legal ramifications of it. I know a lot about ecology, but environmental law is not my specialty. I would like to thank people like Lisa Gue from the David Suzuki Foundation, Stephen Hazell from Nature Canada, Josh Ginsberg and Melanie Snow from Ecojustice, Joseph Castrilli from the Canadian Environmental Law Association, and many others.

Canadians are rightfully proud of their beautiful landscapes and clean environment. They do not want to have it degraded in any way. We have, of course, a number of pieces of federal legislation that protect the environment, including the Canada Environmental Protection Act, CEPA, which deals mainly with toxins. We have heard a lot about it tonight. There is the Fisheries Act, which speaks to aquatic ecosystems, the Pest Control Products Act and others that deal with biodiversity and other aspects of environmental health.

The revised CEPA, through Bill S-5, says that Canadians have the right to live in a healthy and ecologically balanced environment, but that right in CEPA is restricted to the protections within that act. It applies only to CEPA and not to other federal pieces of legislation. Bill C-219 would not add any obligations to the federal government with regard to environmental health. It would merely broaden what is said in CEPA, in terms of the right to a clean and healthy environment, to cover the rest of federal government legislation.

The bill is long overdue. Canada voted in support of a motion at the UN General Assembly last year, which said exactly that, that a right to live in a clean and healthy environment is a human right. The motion passed unanimously. Canadians provinces, Ontario and Quebec, have very similar legislation. The courts are not clogged, despite the concerns I hear from the Conservatives, and the sky has not fallen, although I hope the sky is perhaps a little clearer in Ontario and Quebec because of the rights that are in their pieces of legislation.

I have had discussions with the minister of environment about the bill, and he had some concerns about its constitutionality when we first talked. Therefore, I asked the House of Commons legal team for an opinion, and they were clear in their opinion that this is basically a human rights bill that would add no obligations on the government regarding the environment, other than living up to the obligations set out in other federal pieces of legislation. Because it is based solely on federal legislation, it would not in any way infringe on provincial jurisdiction. It is clearly constitutional. I would like to thank the Bloc Québécois for standing with me on that. It would carve out CEPA, so there would be no conflict with the powers set out in that act, despite what I have heard from members of the Liberal Party and the Conservative Party this evening.

I will close simply by saying that the vast majority of Canadians believe they should have the right to live in a clean and healthy environment. The government has international obligations to make this a reality, and my bill, the Canadian environmental bill of rights, would do just that. Let us get this to committee to make sure it works to ensure a clean environment for all Canadians.

[Laurel Collins, NDP, Victoria, BC]

Madam Speaker, I am so glad to rise today to speak in support of the MP for South Okanagan—West Kootenay's Bill C-219, the Canadian environmental bill of rights.

Before I speak to the bill, I want to acknowledge that I am grateful to the Algonquin Anishinabe people and that we are here on their unceded territory. I am grateful for their environmental stewardship and the leadership of many first nations, Inuit and Métis communities and individuals who continue to advocate for stronger environmental protections for present and future generations. I also want to acknowledge the work that a fellow New Democrat and former MP, Linda Duncan, has done to make the bill a reality.

I am so glad to be speaking to a Canadian environmental bill of rights. While I was thrilled to be able to push for, strengthen and pass a right to a healthy environment, under the Canadian Environmental Protection Act, or CEPA, unfortunately, the government rejected many of our amendments and actually ended up limiting the scope of Bill S-5 so we could not tackle the enforcement. CEPA lacks the force and scope to fully protect Canadians' right to a healthy environment.

However, Bill C-219, the environmental bill of rights, would ensure that the right to a healthy environment is applied across Canadian legislation. It would give Canadians legal tools so that, first, they would have the power to hold the government accountable on effective environmental protection, including ensuring that they have standing before the courts and tribunals. Second, it would give them a voice in decisions impacting their health and the environment. Third, it would affirm the duty of the government to protect the environment for present and future generations. I want to touch on each of these three elements.

First, the ability to hold the government accountable is critical, because while the Liberals are willing to say the right things, more often than not they refuse to do the right thing. People are tired of and disappointed with broken Liberal promises. The bill would provide concrete mechanisms for accountability, which would enhance public confidence in the administration and enforcement of environmental laws, including by allowing individuals to request reviews of laws, to apply for investigations of offences and to bring environmental protection actions.

Second, the environmental bill of rights takes a more comprehensive approach to safeguarding our right to a healthy environment and would make sure that people have a voice in decision-making, which is critical. The bill would ensure that all Canadians have access to adequate information regarding the environment, to justice in an environmental context and to effective mechanisms for participating in environmental decision-making.

Third, the bill would address the government's responsibility to protect the environment for present and future generations of Canadians. The right to a healthy environment for future generations was something that the Liberals and the Conservatives teamed up to vote against. Despite the advocacy of environmental organizations, first nations leaders and many Canadians, the government refuses to acknowledge its duty to future generations. Ensuring a healthy environment for present and future generations requires hard work. Ensuring a healthy environment means taking proactive measures to tackle the effects of our warming planet and to reduce our emissions.

I want to take a moment to talk about a related New Democrat proposal, which is to establish a youth climate corps. Like President Biden's American Climate Corps, a youth climate corps in Canada would engage young people, create jobs, support conservation and address climate change. Bill C-219 states that “Canadians have an individual and collective responsibility to protect the environment for the benefit of present and future generations”. Young people, whose futures are most impacted by the climate crisis, feel this intensely. They have marched in the streets and have staged climate strikes, and they want to be part of the solution. A youth climate corps would be a way to harness the passion and the power that young people have to protect and uphold Canadians' right to a healthy environment.

The New Democrats' vision of this would create jobs in three sectors. First, there would be jobs in emergency response during extreme weather events like wildfires, heat domes and flooding. Second, it would create jobs in strengthening community resilience, with things like making forests more resilient to fires, enhancing natural ecosystems, and wetland protection. Third, it would also create jobs in greenhouse gas reduction, including things like apprenticeships in renewable energy, installing solar and wind power and heat pumps, doing building retrofits and building public transit systems.

This past summer was devastating. It was the worst wildfire season on record. We are seeing not only enormous forest fires every summer now but also floods, hurricanes and heat domes, which have killed hundreds in British Columbia. If we want a healthy environment for all, we need to take our responsibility to future generations seriously. We need to take strong actions. We need to meet this moment with actions that match the scale and the urgency of the crisis we face.

Therefore, I urge the Prime Minister to implement a youth climate corps and I urge my colleagues in the House to pass the environmental bill of rights. The House of Commons legislative team has confirmed that it is constitutional since it would simply build in tools for accountability to pre-existing federal legislation. We need to give Canadians the mechanisms for individuals to request investigations of unlawful activity that harms the environment and to ask the courts to enforce federal environmental laws.

The Liberal members who have spoken to this claim they cannot support it because the Canadian Bill of Rights is not the appropriate place for the right to a healthy environment and that their approach is better because it only applies to the Canadian Environmental Protection Act. However, legal experts, environmentalists and citizens from coast to coast to coast are calling on the government to apply the right to a healthy environment more broadly and, critically, to build in accountability. We cannot allow government members to keep throwing up their hands when it is time to roll up our sleeves.

Establishing a youth climate corps goes hand in hand with an environmental bill of rights. To guarantee a healthy and safe environment for all, we have to respond to the changing climate and extreme weather events, lower greenhouse gas emissions, mobilize climate action, strengthen community and environmental resilience, invest significantly in renewable energy and have strong regulations that protect the right to a healthy environment. This must be done in partnership with indigenous peoples, frontline and vulnerable communities, labour unions, worker co-operatives, civil society groups, academia and business, and it must include a whole-of-government approach.

Earlier this year, we won a huge victory in establishing the right to a healthy environment in CEPA, the Canadian Environmental Protection Act. Bill C-219 would extend this right beyond CEPA to apply more broadly. Even more important, it would give people in Canada the ability to hold polluters to account when environmental laws are violated.

We know that the corporate-controlled Conservatives will not vote for it. Their national executive is mostly lobbyists for industries such as oil and gas. What we have seen from the Liberals is equally disappointing. Despite saying that they believe in climate change and the right to a healthy environment, when it comes down to it, they put the needs of rich CEOs over people and the planet. They water down, greenwash and delay real action. They invited oil and gas executives to help write their climate policy, and they do not have the courage to stand up to big oil. Only New Democrats are willing to take on wealthy CEOs, who are gouging Canadians while raking in record profits and destroying our planet.

The Prime Minister himself voted for this bill when the NDP put it forward in 2010. Now that he is in power, what is he going to do? I urge my colleagues to vote in favour of this bill, give Canadians access to the legal tools to protect the environment, give young people hope for their future and give future generations a chance at a livable planet.

[Gerald Soroka, Conservative, Yellowhead, AB]

Madam Speaker, today we address Bill C-219. This legislation, regarding environmental rights and protections, is an important topic for discussion. It reflects a commitment to the environment that Conservatives share and strongly advocate for. Our party has consistently supported effective environmental measures, recognizing the crucial role of a healthy environment in the well-being of Canadians and for the future.

However, while we stand in agreement with the underlying goal of protecting our environment, we have reservations about certain aspects of Bill C-219. Our philosophy toward environmental legislation is to find a balance between safeguarding our environment and implementing practical policies. It is essential that our efforts to protect the environment are matched with a realistic understanding of economics and policy. Our concerns with this bill lie particularly in its approach to environmental governance and the legal implications it may entail. It is crucial that any environmental policy not only achieves its intended goals, but also aligns with our principles of democratic decision-making.

In addressing Bill C-219, it is crucial to discuss the implications this bill has on the judicial system and its role in environmental governance. The bill proposes a significant shift in decision-making power from elected representatives to the judiciary. This approach, while intended to strengthen environmental protection, raises substantial concerns regarding the balance of powers and the appropriateness of the judiciary in policy-making roles. The foundation of our democracy is built upon the separation of powers among the legislative, executive and judicial branches. This structure ensures that no single branch overextends its authority, maintaining a balance that is vital for a functioning democracy.

Bill C-219 's proposal to transfer environmental decision-making to the judiciary disrupts this balance. It places judges, who are not elected and therefore not directly accountable to the public, in the position of making key policy decisions. This shift risks undermining the role of the legislative branch, where such decisions are traditionally debated and made.

Moreover, the judiciary' s primary function is to interpret and apply the law, not to engage in policy-making. Judges are legal experts, but they may not have the specialized environmental knowledge. Decisions on complex environmental issues require a nuanced understanding of scientific, economic and social factors, which are typically outside the judiciary's expertise. Relying on the courts to make these decisions could lead to outcomes that are legally sound but may not be the most effective or practical from an environmental or policy standpoint.

Furthermore, involving the judiciary in policy-making can lead to increased legal disputes and litigations, potentially clogging our court systems and delaying environmental action. Environmental policy decisions are often complex, involving various stakeholders with differing interests. Addressing these through the legislative process allows for more comprehensive consideration and debate.

Another aspect to consider is the precedent this sets for other policy areas. Extending the judiciary's role into policy-making in the environmental sector could open the door for similar shifts in other areas, further blurring the lines between the branches of government.

While the goal of enhancing environmental protection is one we share, the approach taken by Bill C-219 raises significant concerns. It is imperative that we maintain the integrity of our democratic system and ensure that environmental policy-making remains in the hands of those elected to represent public interests. Effective environmental legislation should balance the need for protection with practicality and respect for our democratic institutions.

In considering Bill C-219, it is also important to reflect on Bill S-5, the strengthening environmental protection for a healthier Canada act. Bill S-5 shares several objectives with Bill C-219, particularly on environmental protection and sustainable development. Both bills seek to modernize our approach to environmental governance, but they do so in a way that may infringe on different jurisdictions and that leaves too much of the decision-making power to the courts. Furthermore, this overlap between the two bills raises questions about the necessity and redundancy of Bill C-219.

Bill S-5, which has already received royal assent, makes amendments to the Canadian Environmental Protection Act, 1999. Although it addresses many of the same environmental concerns outlined in Bill C-219, it also contains the same deficiencies, such as its overreach in the way of jurisdiction and leaving much to be decided in the courts.

In terms of redundancy, it is not just a matter of legislative efficiency; it also pertains to the clarity and effectiveness of our environmental laws. Having overlapping legislation could lead to confusion, complicating the implementation and enforcement of environmental protections.

As we aim to strengthen our environmental framework, it is essential that we do so in a manner that is clear, coherent and efficient, avoiding duplication of efforts and ensuring that our laws are as effective as possible in protecting our natural heritage. The Conservative Party firmly believes in adopting common-sense policies that effectively address environmental concerns while fostering economic growth.

A key component of our environmental strategy involves supporting innovative industries in Canada, particularly those developing clean technologies. By investing in these sectors, we aim to lead the way in sustainable development, demonstrating that economic prosperity and environmental stewardship can go hand in hand.

Our approach is grounded in the principle that innovation, rather than heavy-handed regulation, is the key to achieving long-term environmental goals. We advocate for policies that incentivize research and development in the clean energy, sustainable agriculture and green technology sectors. This not only helps in reducing environmental impacts but also positions Canada as a global leader in the emerging green economy. It is about creating jobs and opportunities in fields that will define the future of both our economy and our environment.

In contrast, the Liberal government's approach to environmental policy has often been marked by inefficiency and red tape. A prime example is the carbon tax; not only is this policy ineffective in reducing carbon emissions, but it also imposes an undue economic burden on Canadian families and businesses. This tax affects every aspect of Canadians' lives, from heating their homes to fuelling their vehicles, without offering a viable solution to environmental challenges. It is a policy that penalizes rather than incentivizing, hindering economic growth without delivering the promised environmental benefits.

Furthermore, the Liberals' environmental policies often fail to strike a balance between environmental protection and economic realities. This one-size-fits-all approach overlooks the diverse needs and circumstances of different regions and sectors, leading to policies that can be more harmful than helpful.

The Conservative Party's vision for Canada's environmental policy is one that values practical, innovative solutions. We support fostering industries that contribute to a cleaner, more sustainable future, emphasizing the role of technological advancement and market-driven solutions. Our approach stands in contrast to the Liberals' reliance on taxation and regulation, highlighting our commitment to policies that are both environmentally responsible and economically sensible.

In summary, the Conservative Party champions a balanced approach to environmental policy, prioritizing innovation and economic viability. We stand for practical, effective solutions over burdensome regulations, striving to protect our environment while ensuring prosperity for Canadians.

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Mr. Speaker, I rise in the House today to speak to a private member's bill, Bill C-219, the Canadian environmental bill of rights, brought forward by the member of Parliament for South Okanagan—West Kootenay.

Before I speak to the bill, I would like to take this opportunity to recognize former MP Linda Duncan for her important work on this bill in previous Parliaments.

I would also like to acknowledge that, much like the bill's former sponsor, the bill's current sponsor, the member for South Okanagan—West Kootenay, has dedicated much of his career to being an educator and proponent of conservation and environmental protection. I thank him for his important work in these areas.

Returning to Bill C-219, the bill proposes to recognize the right of every person residing in Canada to a healthy and ecologically balanced environment and to amend the Canadian Bill of Rights to include this right as part of the right to life, liberty and security of the person. The bill also sets out a number of procedural rights. These include the rights to access information and participate in environmental decision-making, request reviews of federal environmental laws and policies, and access courts and tribunals for matters regarding the protection of the environment.

While the purpose of Bill C-219 and its proposals are intuitively appealing at first glance, upon deeper reflection and examination, they raise a number of significant legal, practical and policy concerns.

The government recognizes that environmental stewardship is essential for the well-being and prosperity of Canadians, and it is devoted to working with the sponsor and all members of Parliament to secure a healthy environment.

The Minister of Environment and Climate Change has been mandated by the Prime Minister to follow the clear direction given by Canadians, to take bold, concrete action to build a healthier and more resilient future. More specifically, the Minister of Environment and Climate Change was tasked with recognizing the right to a healthy environment in federal law and introducing legislation to require the development of an environmental justice strategy.

We have taken action to meet these commitments. On June 13, a right to a healthy environment was recognized under the Canadian Environmental Protection Act, 1999, known as the CEPA. With the passage of Bill S-5, work is under way to begin developing an implementation framework, which must be completed within two years of royal assent. It would set out how the right must be considered in the administration of the CEPA and, thus, bring the lens of a right to a healthy environment to the programs that the CEPA enables.

The government has also committed to making an environmental justice strategy a reality by supporting a private member's bill, Bill C-226, an act respecting the development of a national strategy to assess, prevent and address environmental racism and to advance environmental justice. Instead of introducing its own bill, and in line with the government's support of Bill C-230, the government reaffirmed support for Bill C-226.

If Bill C-226 passes, the national strategy would provide an opportunity to examine the link between race, socio-economic status and exposure to environmental risk, as well as to discuss how best to address environmental risks faced by historically marginalized communities.

It would help structure discussions on addressing these inequalities and discrimination, which are the root causes of many vulnerabilities. It would also complement other efforts that contribute to advancing environmental justice in Canada, even where the cause of environmental injustice or environmental racism may not have been directly identified or acknowledged. Supporting and advancing these initiatives is where our focus should be now, especially given the flaws in Bill C-219.

I will now turn to outlining a few specific issues with Bill C-219. Although both bills recognize a right to a healthy environment, the approach in Bill C-219 is at odds with the approach that was taken with Bill S-5, which is now in the amended CEPA.

I will first talk about the path we are currently on following the passage of Bill S-5 and then address how Bill C-219 clearly departs from it. As we know, Bill S-5 recognized that every individual in Canada has a right to a healthy environment under CEPA, the cornerstone of federal environmental protection laws. The right to a healthy environment is a new concept in federal law. Given this, Bill S-5 included clear and robust provisions on the process to describe how this right would apply under CEPA and how it would be reported upon annually.

Bill S-5 proposed that the meaning of the right under CEPA be developed in consultation with Canadians and elaborated upon through a concrete implementation framework to ensure that the right is meaningful and tailored to the regime at hand. That framework, which is now under development, will set out how the right will be considered in decision-making. It will also describe how related principles, such as environmental justice, non-regression and intergenerational equity, will be considered. I believe these additional details are very important.

Bill S-5 provided a concrete path for clarity and greater certainty over time on what adding a right to a healthy environment to CEPA will mean. It also included related amendments that would support the protection of that right, built from established procedural rights and specific provisions for public participation, including public comment and notice periods and the right to request investigations into alleged offences.

While we are already on this well-considered path, which has been carefully studied here and the other place, Bill C-219 proposes a very different path. The approach in Bill C-219 is unclear. It would likely lead to uncertainty in its application and we would have to resort to the courts to resolve the issues. The bill recognizes the right to a healthy environment, which is still a novel and undefined concept, but it does not set out its meaning or provide a process, such as the implementation framework in Bill S-5, to work out the definition and how it applies. That very likely means it is the courts that will determine what it means in the course of litigation.

The right to a healthy environment in Bill C-219 is broad and applies to all federal laws, and it is difficult to predict how it would be interpreted by the courts. We must avoid environmental rights being so unclear that timeliness and certainty in federal decision-making are compromised and the right becomes a burden falling on litigants to operationalize.

The approach already adopted via Bill S-5 is different, and I will remind the House that it is also better. Our approach is centred on public consultations and proposing a concrete way to elaborate on the meaning and the content of the right through an implementation framework. It applies only to CEPA, the pillar of federal environmental protection laws. This is what an issue of this novelty and complexity demands.

If Bill C-219 goes ahead, we would end up with two different versions of the right to a healthy environment in federal statutes, one set out in CEPA through Bill S-5 and another set out in Bill C-219. This would result in two different framings of the right and two ways to implement it. The misalignment between the two approaches could hamper progress on this important and complex issue and slow down decision-making across government. If the main objective is to truly secure a healthy environment for Canadians, moving forward with the approach that is now set out in the amended CEPA is the only prudent approach. We cannot just suddenly endorse and bring in the new and uncertain elements of Bill C-219.

Bill C-219 would also make changes to the Federal Courts Act and the Canadian Bill of Rights. The Canadian Bill of Rights is not an appropriate statute for a new environmental right. As I said earlier, our government is committed to taking bold, concrete action to build a healthier and more resilient future with measures that are clear and effective. The proposed Canadian Bill of Rights amendment could provide neither clear nor effective guidance on this front.

The Canadian Bill of Rights only codifies pre-existing rights as they were understood in 1960. For more than 60 years, that has been its sole purpose. Its interpretation always refers back to those historical origins. With the proposed amendment, Parliament would recognize and declare, through section 1 of the Canadian Bill of Rights, that there “have existed” historical rights that have already included a right to a healthy and ecologically balanced environment.

It is uncertain how courts would attempt to interpret this new but backward-looking right, what pre-existing content they would find in it and where they would look for it. Not only would the amendment be wholly unclear, but it would introduce significant uncertainty into the interpretation of the Canadian Bill of Rights itself.

Climate Change

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, it is an honour to rise today to present a petition that deals with the pressing issue of the climate crisis. Specifically, the petitioners zero in on the government's commitment to ban the export of thermal coal.

Coal, and particularly thermal coal, is the dirtiest of all fossil fuels. As Canada has, unfortunately, a sorry record of increasing greenhouse gases since we pledged to cut them, the petitioners call on the government to take the necessary measures to regulate the export of thermal coal under the existing legislation, the Canadian Environmental Protection Act.

Amendments that went through the House in Bill S-5 are not considered in the petitioners' motion here, which I will read. Petitioners wish that the government act expeditiously to put thermal coal on the priority substances list and then, as quickly as possible thereafter, to add it to the toxic substances list under the Canadian Environmental Protection Act, to allow the Minister of Environment to take the steps to regulate it and for the Minister of Health to also take steps under the Canadian Environmental Protection Act to stop the practice which has been continuing from the Port of Vancouver. As ports along the west coast of the United States ban the export of thermal coal, U.S. thermal coal is moving out of our Port of Vancouver.

The steps that the petitioners wish us to take would expedite the government's living up to a pledge the government made in 2021.

Canadian Environmental Bill of Rights

[Monique Pauzé, Bloc, Repentigny, QC]

Madam Speaker, my goodness, I have so much to say to my colleague from Louis-Saint-Laurent. It is going to take a glass of wine or a beer to talk about it.

The Bloc Québécois supports the principle of Bill C‑219. We believe that it really needs to be studied in committee. At first glance, the bill seems to be well thought out and drafted, with its preamble clearly setting the context for this desire to include real access to the courts as part of the enforcement of the right to a healthy environment.

In reading this bill from my colleague from South Okanagan—West Kootenay, I am pleased to see something other than statements of principle, and to see more legally binding and prescriptive provisions. I am especially pleased that its content has the potential to have a tangible impact on Canadians, the environment and society in general.

Bill C‑219 also stands in contrast to what the Liberal government has given us. I am talking about its claim to have literally created a right to a healthy environment. I do not know about anyone else, but I believe that the word “creation” implies the idea of accomplishing something bigger than oneself.

Still, the Liberal government believes that, with Bill S‑5, which modernizes the Canadian Environmental Protection Act, it has done exactly that. We do not think so, however. In fact, senior officials confirmed that this is merely an interpretation key for the implementation of the Canadian Environmental Protection Act, which does not apply to other legislation and is to be defined at a later date by the Minister of the Environment.

Let me describe this as a communication strategy. What is the point of having a right if it is unenforceable, and if in the event that this right is violated, remedies and penalties are essentially symbolic and serve as neither a deterrent nor a punishment? The answer is obvious. Sadly, there is a lack of accountability for organizations and individuals who think that they are above the law and who commit reprehensible acts that cause serious harm to the natural environment, to the people who have to deal with it, and to society as a whole.

Since 2006, the Quebec Charter of Human Rights and Freedoms has established that “[e]very person has a right to live in a healthful environment in which biodiversity is preserved, to the extent and according to the standards provided by law.”

The Bloc Québécois believes that the Quebec nation has sole jurisdiction over public decisions concerning the environment and Quebec's territory. Therefore, it seems to us that Bill C‑219, as drafted, will be enforceable under federal environmental legislation without adversely affecting the laws of Quebec or Quebec's environmental sovereignty.

In April 2022, members of the National Assembly of Quebec unanimously adopted a motion affirming the primacy of Quebec's jurisdiction in matters of the environment. I would like to make it perfectly clear that in matters of environmental protection, this essential condition must be met before the Bloc Québécois will support any legislative proposal.

Elected members from Quebec also unanimously oppose any environmental intervention by the federal government on Quebec's territory. We view this position, which we will voice systematically on the federal political stage, to be a true reflection of the interests and values of Quebeckers. That is our mandate.

The Bloc Québécois definitely supports the recognition of the right to a clean, healthy and sustainable environment as a universal human right. It has almost been one year since the General Assembly of the United Nations adopted a historic resolution declaring that access to a clean, healthy and sustainable environment is a universal human right.

There were 161 countries that voted in favour of the resolution. According to Secretary-General Antonio Guterres, if we want to make this right a reality, governments must recognize it and do what is required to make it a reality. Governments must also ratify and implement all existing multilateral agreements concerning environmental rights.

Obviously, Bill C‑219 will not make the right to a healthy environment a fundamental right like the rights that are guaranteed in the Canadian Charter of Rights and Freedoms. However, it is interesting to consider studying it in committee if only to examine and better interpret the legal, even constitutional, framework for a Canadian environmental bill of rights.

That said, the bill will amend “the Canadian Bill of Rights to provide that the right of the individual to life, liberty and security of the person includes the right to a healthy and ecologically balanced environment.” In that context, it makes sense to think that this right would be quasi-constitutional in scope.

In support of this scope, I should mention that the preamble to the bill states the following:

Whereas action or inaction that results in significant harm to the environment could be regarded as compromising the life, liberty or security of the person and as contrary to section 7 of the Canadian Charter of Rights and Freedoms;

Ultimately, my colleague's proposal creates a true right under Canadian environmental laws. It is a right that citizens could avail themselves of in order to require the government to investigate potential violations of environmental laws, to bring an environmental protection action against a person who has allegedly violated federal environmental laws, to file petitions on the review of any federal environmental law, and to file an application for judicial review, including by a person not directly affected by the subject matter of the application, if the matter concerns environmental protection. That is very interesting.

It is significant that the meaning of the word “environment” and the expression “healthy and ecologically balanced environment” is clarified under the “Interpretation“ heading.

I also appreciate that the bill includes the concept of the state as trustee of the public good. Protecting the environment means looking after society's collective interest, which is the role of the state, as much for those living now as for future generations. This principle, the fiduciary doctrine, is the very foundation of the progressive work leading to a better understanding and application of environmental rights around the world.

I must also applaud the Member for South Okanagan—West Kootenay for the attention he has given to an extremely valuable piece of legal content, a section entitled “Paramountcy of Principles of Environmental Law”.

In any legal context, it is vitally important to be able to rely on clear concepts and recognized definitions, if for no other reason than to allow the legislative branch to unambiguously express what the judiciary must have in mind when seized of a case.

I am referring to the polluter pays principle, the principle of sustainable development, the principle of generational equity and the principle of environmental justice. I could also talk about the principle of prudence, but it is not there. Instead, we have the precautionary principle. I want to reassure everyone that just because I was a professor in another life, that does not mean that I am going to flunk a member on their exam. I will just make the correction.

It is a typo. Looking at the English version of the Rio declaration of 1992, it clearly says “precautionary principle”. However, that was poorly translated. The French version refers to the “principe de prudence”, which has nothing to do with the environment. This flawed translation removed the very essence of this principle, which is central to the framework for implementing such a bill.

The Bloc Québécois succeeded in rallying the members of the Standing Committee on Environment and Sustainable Development around this correction during the study of Bill S‑5. The precautionary principle entails abstaining if there is a risk, whereas the idea of prudence instead suggests the authorization of an action and the management of its risk, which is very different. I know my colleague will be quick to make this change. Like the Bloc Québécois, I am sure he sees recognition of the precautionary principle as essential to the framework for implementing legislation to protect the environment.

In conclusion, I repeat that the Bloc Québécois will vote in favour of Bill C‑219.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, it is always a pleasure to speak in the House, especially on a subject is important as the environment and our vision for the future of the planet and our country for our children and grandchildren.

The bill introduced by our NDP colleague deserves our attention. First of all, we feel that the key element of this bill is that it ensures that people can live in a healthy environment. It is a principle we share, of course, and one we shared in Bill S‑5, as the member stated earlier in response to a question from the member for Terrebonne, my Bloc Québécois counterpart. The bill we are currently studying certainly does go much further than Bill S‑5 in protecting the environment and ensuring that people can live in a healthy environment. We recognize that.

As we see it, however, the bill goes too far in the judicial area. This is a delicate issue. Ultimately, we believe that the judiciary must enforce laws, and that elected representatives of the people must make the laws and vote on them. This is a fundamental principle. Based on the wording of the bill, we think that the judiciary will become the legislative authority. This is where our visions differ. Ultimately, we do not believe that the role of judges is to decide how laws are made, but rather, to decide how they should be enforced. It is the role of the legislator, the elected representatives of the people, to establish legal frameworks. This is not to say that the bill should be scrapped. On the contrary, it contains some positive elements that could serve as inspiration for other legislation and other parliaments. These strong elements could be used to create an even more forceful argument in support of the need for people to live in a healthy environment. We recognize and support this principle.

This gives us the opportunity to discuss the environmental issue. We all know that climate change is real and that it directly affects peoples' lives. Humans contributed to climate change, so they have a responsibility to take steps to reduce the impact of climate change and, essentially, reduce pollution. Members will recall that just a few days ago, on Monday afternoon, the deputy House leader of the official opposition and member for Mégantic—L'Érable read a motion that was unfortunately rejected by the Liberal government, a move we vigorously condemn. The motion included all the elements of our vision for the environment. Unfortunately, it was rejected by the Liberals. I will read the motion moved by my colleague from Mégantic—L'Érable:

That the House:

(a) stand in solidarity with and express its support for all those affected by the current forest fires;

(b) acknowledge that climate change is having a direct impact on people's quality of life, and that it is exacerbating the frequency and scale of extreme weather and climate events, such as floods, tornadoes, forest fires and heat waves;

(c) recognize that the federal government must do more to combat climate change, prevent its impacts and support communities affected by natural disasters;

(d) call on the federal government to take concrete action in the fight against climate change, which is at risk of becoming increasingly expensive for both the public and the environment.

That text outlined our vision concerning climate change. It unequivocally stated that we acknowledge that climate change exists, that it has an impact on the extreme weather events that we are experiencing, that it makes them worse and that it is our duty, as parliamentarians, to take concrete steps to address that situation. It is unfortunate that, for the sake of petty partisan politics, the government rejected our motion. The Liberals simply had to say yes. I cannot believe that they had anything against a single word or sentence of that motion. However, they could not acknowledge that we Conservatives are thinking about this issue. I understand them, in a way, because they have nothing to be proud of. After eight years of this government, where does Canada stand on the world environmental stage?

I would remind members that, after being elected in 2015, the Prime Minister was proud as a peacock to stand up at the Paris climate conference and say, “Canada is back”. Eight years later, Canada is way back.

It is not me saying it, it is the UN itself. In November, at COP27 in Egypt, the United Nations tabled a report containing a scathing indictment of this Liberal administration. The report assessed the 63 most industrialized countries and scored each country on effectiveness in fighting climate change. Scientists from around the world who were brought together by the UN gave the following report on the Liberal government that has been in power for eight years. Liberal Canada ranks 58th out of 63 countries in terms of fighting climate change. It is not the Conservatives saying that, it is UN scientists who said it in a report.

Since the UN released that report, I have asked for unanimous consent from the House over a dozen times, if not more, to table that scientific UN document. Once again, the Liberals in power decided that that UN assessment should be swept aside and that they should continue as if nothing were wrong.

The problem is that they talk a good game but cannot deliver. That is also why Equiterre, the group co-founded by the current Minister of Environment and Climate Change that recently marked its 30th anniversary, decided to sue the Minister of Environment and Climate Change, because it feels that the government is good at rhetoric, but not so good at fighting climate change. Once again, it is not the Conservatives saying that, it is Equiterre, the group co-founded by the current Liberal Minister of Environment and Climate Change. On May 6, 2022, he was sued by Equiterre, the group he founded.

The government has chosen to fight climate change with taxes. That is not the road we want to take. The Parliamentary Budget Officer, who I just questioned at the Standing Committee on Government Operations and Estimates, confirmed that the Liberal approach of creating a second carbon tax on clean energy, as they themselves have stated, will have a direct impact on every family in Quebec. Quebec families will need to spend an average of $436 more because of that double carbon tax. In other words, Quebec families will have $436 less in their pockets because of that double carbon tax. People really do not need that when we know that interest rates are rising. We know that everybody is struggling right now. Creating a new tax during a period of inflation when people are struggling is absolutely ridiculous. I would go so far as to say that only the Liberals could come up with such an idea.

Let us talk about the future. Let us talk about hope. We Conservatives want the government to put in place concrete, realistic and responsible measures to tackle climate change. If the Liberals do not, we will. The fundamental principle to consider is the need to reduce pollution. That will take concrete action. What does that mean? It means reaching out to polluters and asking them to cut their pollution as much as possible. It is a bottomless pit, but that is okay.

If we somehow manage to lower our pollution by 20% in one year, I say bravo. However, what is to be done on January 1 to reduce the impact of pollution on our environment? For that, we must rely on research and development, new technologies and tax incentives for businesses to invest in them. Real, concrete measures are needed to reduce pollution.

Then, the green light needs to be given to green energy. In Canada, we have tremendous solar, wind, geothermal and nuclear energy potential. We can develop our green energy potential even further. To do that, however, the government would have to be willing to move forward and not constantly throw up roadblocks every time we come up with an idea.

Under Bill C-69, which was passed in 2019 with the backing of the Bloc Québécois, the federal government gave itself veto power over hydroelectric projects in Quebec. That is crazy. If the Government of Quebec wants to propose a hydroelectric project, it should get every facility to move forward, but the federal government gave itself veto power with the surprising and disappointing backing of the Bloc Québécois.

In addition, our Canadian know-how must be exported. Our natural resources must be exported. It is unfortunate that rare metals like lithium, cobalt and other similar elements are currently being mined in countries where human rights are unfortunately not respected.

We need to promote Canadian potential. The fourth part is more than just a pillar; it is the foundation of our whole vision. It is that all this needs to be done in partnership with first nations, as our leader said at a press conference in Vancouver three months ago.

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

Madam Speaker, I appreciate the member bringing forward Bill C-219. As he is indicated on several occasions, this is legislation that, with a different bill number, has been before the House in the past.

The timing is really interesting. Just yesterday, we had royal assent on Bill S-5. I was encouraged by the way many members of the House spoke to Bill S-5. I thought that maybe I would pick up on a couple of points, if I may, the first one being something that I think, far too often, does get overlooked, something that we should be talking about more whenever we talk about the environment.

It is a shared responsibility, as we know. If one were to do a radar scan of one's constituents, we would find that it is typically in the top three or four issues. For me, in Winnipeg North, health care might be number one or in the top two, but the environment and concerns related to the environment are consistently among the top issues that want to be talked about. They also want to see action on the issue of the environment.

The member talks about shared responsibility. Often, when we talk about shared responsibility, we do not highlight the importance of indigenous people. When we talk about reconciliation, I think it is absolutely critical that indigenous people, governments, first governments and so forth be recognized and appreciated in terms of their important role traditionally, today and going into the future.

I like to think that Bill S-5, in good part, reinforces that. We talk about the United Nations Declaration on the Rights of Indigenous People and its adoption. We need to apply that lens to the different types of legislation that come through the House.

That is the reason I had posed the question to the member. I am concerned about the issue of jurisdictional responsibility, recognizing that the environment does not recognize borders, interprovincially or internationally.

We just saw a very good example of that with the forest fires. I am thinking of Quebec, Nova Scotia and Alberta. We had responses across Canada, in trying to assist in dealing with these fires. We also had direct contact with the President of the United States, who was concerned about the quality of air that is going south of the Canada-U.S. border.

I would like to emphasize that when one talks about the environment, one has jurisdictional responsibility but, even more importantly, many would argue that there is a moral responsibility that is tagged to that jurisdictional responsibility, because air knows no boundaries; water knows no boundaries.

When we take a look at what the member also emphasized, it is the issue of environmental rights, the idea of having a right to a healthy environment. That is why, at the beginning, I tied Bill S-5 in. When I spoke on Bill S-5, I like to think that I amplified the issue of the right to a healthy environment and the expectations that Canadians have regarding it.

Bill S-5 dealt with the assessment and management of substances and ensured that Canadians and residents from coast to coast to coast have a direct link to ensure that they have that right to a healthy environment.

I understand that the legislation that is being proposed, Bill C-219, wants to expand on that. I think it is worth looking at. The right to a healthy environment means more than just the air we breathe. We can and should be expanding on that.

I do not want to say that I know all the details of the legislation, nor have I been around to hear the discussions that have taken place at the committee level. What I do know is that there is, as an issue, a desire of the people of Canada to see the government be proactive at dealing with our environment.

I also recognize that there are not only the legislative measures that I referred to in relation to Bill S-5, but there are also budgetary measures and measures that would be incorporated through regulations that also deal with the concerns that we have with respect to the population as a whole.

I would like to highlight a few of those measures. When we talk about our environment, we need to try to put it in a way most people, including myself, can understand the issues. When I think of a right to a healthy environment, I would like to think there is a tangible recourse dealing with an issue that is affecting me. When I say, “me”, I am not talking about me as a member of Parliament. I am talking about me as a resident and anyone in the communities we represent.

If they witness or have a concern about something that is taking place in our environment, they need a vehicle to express that concern with an expectation that someone is actually listening. Hopefully, some form of action can be taken where it is, in fact, warranted.

I remember many years ago one of the first issues that I ever had to deal with in 1989 or 1990 was the issue of PCBs and how PCBs were impacting a playground at a school. There were concerns, at that time, about Manitoba was going to be able to do.

There are issues of that nature and issues people want to directly get involved in themselves. There are issues like when the government, through a regulation, said that it wanted to ban single-use plastics or it wanted to provide financial assistance to those who are prepared to look at alternatives to fossil fuels.

These are the types of initiatives the government can look at and deliver on. The idea of how we can enhance those environmental rights is something I am very interested in.

I would look for specific examples that we could, in essence, put into a brochure. I think it is important—

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Madam Speaker, I am assuming that the member was referring to how this bill extends these rights further than Bill S-5 and in a stronger way.

This covers all federal legislation, not just the Canadian Environmental Protection Act, and it provides, as I mentioned, mechanisms for citizens, if they feel that the federal government is not responding to environmental issues, such as companies that are breaking the law with regard to the environment, citizens could demand an investigation. If that proceeds to a certain point, they could even take environmental action.

If we are giving people the right to live in a healthy environment, we must uphold that right and we must hold the government accountable with transparent measures so that people know that they can enjoy this right.

[Monique Pauzé, Bloc, Repentigny, QC]

Madam Speaker, I thank my colleague for his bill and the care he took to ensure that it did not affect Quebec's environmental sovereignty.

Can he clarify how his bill goes much further than the study we did in committee on Bill S-5 with respect to the right to a healthy environment?

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

moved that Bill C-219, An Act to enact the Canadian Environmental Bill of Rights and to make related amendments to other Acts, be read the second time and referred to a committee.

Mr. Speaker, it is with great pride that I stand in the chamber this evening to begin debate on my bill, Bill C-219, the Canadian environmental bill of rights. I first want to thank Linda Duncan, the author of this bill, who introduced it on four occasions over 11 years during her time as the member of Parliament for Edmonton Strathcona. On one of those occasions, it passed at second reading, but it unfortunately died when an election was called.

There are environmental bills of rights in Ontario, Quebec, Yukon, the Northwest Territories and Nunavut, but until last night, there was no federal law that explicitly recognized the right to a healthy environment in Canada. With the passing of Bill S-5, which updated the Canadian Environmental Protection Act, we now have a federal statement of rights to a healthy environment, but those rights are limited to the scope of CEPA, basically to toxins within our environment, and those rights have no accountability processes or powers associated with them. Bill C-219 would expand and strengthen those rights to the rest of the scope of federal jurisdiction.

Last summer, on July 28, 2022, the UN General Assembly passed a unanimous resolution that recognized the right to a healthy environment around the world. With Canada voting for that resolution to join the rest of the world and 92% of Canadians agreeing with it, it is certainly high time we had federal legislation that recognizes that right. We are behind the rest of the world in that regard. Over 80% of UN member states already legally recognize the right to a safe, clean, healthy and sustainable environment.

International efforts to recognize this right go back to the 1972 Stockholm declaration, which recognized the right to an environment of a quality that permits a life of dignity and well-being. After that came the United Nations Aarhus convention in 2001. This multilateral agreement, more fully known as the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, protects every person's right to live in an environment adequate to his or her health and well-being. The Aarhus convention links environmental rights and human rights. It acknowledges that we owe an obligation to future generations. It establishes that sustainable development can be achieved only through the involvement of all stakeholders. It links government accountability and environmental protection, and focuses on interactions between the public and public authorities in a democratic context. According to the Aarhus convention website, it is, at its heart, about government accountability, transparency and responsiveness. It grants the public rights, and it imposes on parties and public authorities obligations regarding access to information and public participation in and access to justice.

This is what this bill would do as well. Bill C-219 would extend the right to a healthy, ecologically balanced environment to all Canadian residents. It would do this by amending the Canadian Bill of Rights to add the right to a healthy environment; by providing a bundle of rights and legal tools to all residents of Canada, including accessing information around environmental issues and decisions, standing before courts and tribunals, transparent processes that will help hold the government accountable on effective environmental enforcement and on the review of law and policies through investigations and, if necessary, environmental protection actions; and by extending protections for government whistle-blowers who release information relevant to health and environmental impacts.

This bill would apply only to federal jurisdiction, and would not change provincial environmental law. The bill would not take away from the rights of Canadian indigenous peoples, as recognized and affirmed in section 35 of the Constitution. The bill would specifically exclude the Canadian Environmental Protection Act from its ambit, as that act, after the passage of Bill S-5 last night, provides rights to a healthy environment, although restricted to the scope of that bill. Bill C-219 would extend those rights to the rest of federal legislation.

Why do we need this? For one thing, Canadians want it. As I mentioned, in a recent poll, 92% of Canadians agreed we should have the right to live in a healthy environment. However, the right to a clean and healthy environment is a hollow promise if it does not come with accountability measures. That is because, unfortunately, governments often simply do not live up to the legislation they pass. They do not take action to enforce that legislation, including legislation meant to protect our environment.

I will mention two quick examples of this, and I am sure everyone here in the chamber could add to that list. Ten years ago, in July 2013, a tanker truck rolled into Lemon Creek in the beautiful Slocan Valley, in my riding, and spilled its entire load of 33,000 litres of aviation fuel into this pristine water source. Although this clearly caused environmental harm, not only to the stream and the life within it but also to the residents of the Slocan Valley who relied on that water source, the government of the day refused to act. It was left to a courageous local resident, Marilyn Burgoon, to initiate court action against the trucking company under the federal Fisheries Act. Eventually, perhaps shamed by Marilyn's powerful example, the federal government did agree to step in to help fight this battle, which dragged on until January 2020, for seven years, before finally being resolved. Sadly, Marilyn passed away a few weeks before that case was concluded, but her legacy in the Slocan Valley lives on, and her memory is cherished by many.

If we declare that Canadians have the right to live in a clean and healthy environment, we must make sure the federal government is accountable for holding up its part of that all-important bargain. Bill C-219 would do that.

Another example is a more personal one to me. I used to work as a consulting ecologist, and much of my work involved species at risk. For eight years, I was one of the co-chairs of the Committee on the Status of Endangered Wildlife in Canada, or COSEWIC. Under the Species at Risk Act, or SARA as it is called in the trade, COSEWIC has the task of assessing wild species in Canada and advising the government, through the Minister of Environment, of its decisions. Every year, COSEWIC writes a letter to the minister and lists the assessments it has made. Some species might be listed as endangered. Others may be listed as threatened, and still others may be listed as not at risk. Under SARA, the government has nine months to make a decision about listing a species after receiving the advice from COSEWIC. It can adopt the advice or not, but the decision is public and transparent. If a cabinet decision is not made, the decision defaults to the COSEWIC-assessed status.

All this sounds perfectly logical, but what happened under the Harper government was unexpected. It decided the clock started ticking when the minister told cabinet, so it came up with the cunning plan that the minister would not tell cabinet at all about COSEWIC assessments, even though they were on the public registry. Therefore, that government listed zero species for four years, despite having been advised to list over 80. It avoided the transparent decision part of the deal. I pressured the current Liberal government to at least change that in policy, though it was reluctant to support the bill I put forward to change it into law, so now it is public policy that listing cannot be put off indefinitely.

Bill C-219 could help in that situation too, since it covers all federal legislation, including SARA, the Fisheries Act and others. This would be for all legislation I mentioned except the Canadian Environmental Protection Act, which is carved out because it has a similar promise when it comes to living in a clean and healthy environment.

Like most members with private members' bills, I have talked to each party about my bill and about why its so important and what it would and would not do. In one of those discussions, the issue of constitutionality came up, so I want to spend a couple of minutes talking about that issue. I will say right off the top that I am confident this bill is constitutional. For one thing, this is the fifth time the bill has been introduced, and as far as I know, this is the first time this concern has been raised. As I mentioned before, the bill passed second reading in a previous Parliament, and the bill is explicitly concerned with actions based on existing federal legislation.

None of the rights here apply to matters that are found only in provincial legislation, so I was confident this concern had no real foundation. However, to be sure, I asked the House of Commons legal department to provide an opinion on this matter. This is the conclusion of its opinion:

After having reviewed the bill carefully, we are of the opinion that the main subject of the bill is not the environment. Consider that the bill would not regulate any aspect of the environment, such as water quality, air quality, species at risk or toxic substances. Rather, the bill relates to civil liberties, which may be regulated by either level of government, depending on which level of government has legislative authority over the institutions and activities to which the civil liberties apply. In the case of Bill C-219, most provisions explicitly apply to federal matters only.

The opinion also explains why three provisions, while not explicitly applying to federal matters, would be considered by any court as applying to federal matters. Accordingly, the opinion states that no amendment to Bill C-219 is necessary.

In summary, the environment is a jurisdiction shared between the provinces and the federal government. Some people might therefore be concerned that this bill treads on provincial jurisdiction. However, since this bill deals with human rights and civil rights, and deals with them on matters of federal issues only, this bill is constitutional. I am confident of that and I do not think we need to amend it in any way to deal with that issue.

I am going to conclude with a plea. We are so proud of this country. We are proud of its size, its beauty and all the resources it provides for us in ways that keep us living in a healthy way in this clean environment. It gives us jobs and also keeps us healthy. I think everybody in the House would agree that we have the right to live in a clean and healthy environment. If we have that right, we need legislation to uphold that right. That is what Bill C-219 would do, and I hope that everyone here will support this bill and provide that right to all Canadians.

The Environment

[Steven Guilbeault, Liberal, Minister of Environment and Climate Change]

Mr. Speaker, I would like to thank my hon. colleague for all his work as chair of the Standing Committee on Environment and Sustainable Development, as well as all the members of the committee.

I would also like to thank the Senate, since Bill S‑5 was passed last night. For the first time ever in Canadian law, we have enshrined in law the right to a healthy environment for all Canadians. This is a first for our country.

We will be working hard over the coming months to determine how this right will be implemented in Canadian law.