Thank you very much, Mr. Chair.
Honourable members, thank you for the invitation to discuss Bill S-5, the Strengthening Environmental Protection for a Healthier Canada Act, which proposes amendments to the Canadian Environmental Protection Act.
To begin, I'd like to acknowledge that we are on the ancestral lands of first nations, Inuit and Métis peoples, either physically or virtually. These aren't just words; it's an essential recognition as we work every day to build new relationships with indigenous peoples.
The bill you have before you strengthens the act in two key areas: It recognizes a right to a healthy environment, as provided under CEPA, and it strengthens the management of chemicals and other substances.
When I presented my opening remarks to the Senate committee this past spring, I invited senators to study and seek ways to improve the bill. I thank the Senate for its important work and repeat this offer to members of the House of Commons.
The government supports many of the Senate's amendments and will propose that some be modified so they are more workable. There are a few, which I will return to later, that are not in keeping with the principles of the Canadian Environmental Protection Act or are premature, in light of ongoing consultations.
Let's begin with the issue of recognizing a right to a healthy environment as provided under CEPA.
This bill is the first time that a right to a healthy environment will be recognized in a federal statute.
The bill also includes a number of requirements to ensure this right is meaningful and taken into account when decisions are made under CEPA. It requires the government to develop, within two years, an implementation framework describing how this right will be considered in the administration of the act. This framework will explain, among other things, how principles of environmental justice, non-regression and intergenerational equity will be considered under CEPA.
Canadians will have an opportunity to participate in the development of the framework. The minister must report annually to Parliament on the framework's implementation.
The framework will define a thoughtful, meaningful and evolving approach to the right to a healthy environment. The implementation framework will clarify the right to a healthy environment lens for all programs under CEPA, including the clean air agenda and the chemicals management program.
Amendments related to the right include confirmation of the government's commitment to implement the United Nations on the Rights of Indigenous Peoples and the importance of considering vulnerable populations and cumulative effects in risk assessment.
The bill will also require research, studies or monitoring to support the protection of this right. These new research requirements could help address, for example, the need for information about how pollution affects some groups of people or communities more than others.
These changes build on a robust regime of procedural rights in CEPA that provide for public participation, investigation of offences and environmental protection actions. CEPA has requirements to publish information and maintain the CEPA online registry, which we continuously improve. It allows anyone to ask for the investigation of an alleged offence.
If the request is not dealt with in a reasonable manner, the person can bring an environmental protection action in the courts to enforce compliance. As well, any person who has suffered loss or damage as a result of a contravention of CEPA can bring a civil action to recover those damages.
The bill provides the public with more ways to participate in the decision-making process, making it more transparent and accessible. For instance, there will be opportunities to participate in developing the implementation framework and the Plan of Chemicals Management Priorities. The bill adds a mechanism for the public to request an assessment and strengthens the list of substances that can reasonably be considered toxic if their use changes.
The second set of key changes proposed in this bill relates to the modernization of chemicals—