To conclude, it's clear, in our view, that greenhouse gases meet the definition of toxic substances provided in section 64 of CEPA 1999. Indeed, in our view, no serious challenge has been mounted to that basic conclusion. The presence of greenhouse gases, criteria air pollutants, and other priority substances on the list of toxic substances lays the groundwork for action for the federal government under the existing provisions of the act.
In our view, opening the definition of toxic in section 64 or relabelling substances that meet the definition of toxicity runs the risk of undermining the constitutional basis of parts 5 and 6 of CEPA, as established through the Supreme Court of Canada's Crown Zellerbach Canada Ltd. and Hydro-Québec decisions. Although some modifications to CEPA to strengthen the federal government's ability to act in international air pollutants would be useful, such modifications are not essential for early regulatory action on these substances.
Thank you.