Mr. Speaker, concerning Bill S‑5, I think some members of the Standing Committee on Environment and Sustainable Development would agree that our work was very technical and challenging. I would like to commend my parliamentary assistant. As members, we have the microphone, but by our sides are hard-working people. If not for the tireless efforts of Ms. Grimard, I could never have accomplished the work I accomplished in committee.
Before I get to the heart of the matter, I would like to mention that of the 12 parts that make up the Canadian Environmental Protection Act, Bill S‑5 essentially addressed part 5, on toxic substances and all matters related to public participation and its corollary, government transparency. Also included were classification procedures as well as evaluations of groups or classes of substances.
As we know, Canada waited 25 years before launching a review of the Canadian Environmental Protection Act. Over the decades, and around the world, some mechanisms went through a major overhaul. Recognizing the progress made is only right and reasonable. We have examples, which I will now discuss.
We had an opportunity to learn from the regulatory regime in the European Union, the registration, evaluation, authorization and restriction of chemicals, or REACH. It is a regulation to improve the protection of human health and the environment from the risks that can be posed by chemicals, while enhancing the competitiveness of the EU chemicals industry. It strikes a balance.
It is not perfect, of course. It is exposed to lobby groups and regulatory capture, but the system provides for a true analysis per chemical family. If bisphenol A is evaluated, then there will also be an evaluation of the other molecules, such as bisphenol S. There ends up being an evaluation of a large number of chemicals at a time.
Also, products can be marketed only if there has been an analysis, a management assessment that is based both on the risk and the hazards. The confidentiality of corporate data is not in fact protected, but industry must instead justify the need for confidentiality. This regulatory system, with help from the European Chemicals Agency, allows assessments to be done much quicker. Through this mechanism, we can better prevent these substances from entering the market or being present in our consumer products.
It also makes it possible to take a hybrid approach to the management of toxic substances based on both the risks and the hazards. In our opinion, this approach is essential to promoting the prevention of pollution by these substances. It means that when risks cannot be managed, the authorities can restrict the use of substances in various ways and, eventually, the most dangerous substances must be replaced with less dangerous ones or are simply banned.
In committee, I asked Joseph F. Castrilli, an environmental law expert with the Canadian Environmental Law Association, questions about the benefits of the European regulation, with which he is familiar. He replied that the Canadian Environmental Law Association had incorporated part of the REACH regulation into its proposed amendments.
These proposed amendments were brought forward by the Green Party, the NDP and the Bloc Québécois. Unfortunately for us, these proposed amendments were not accepted as the Liberal-Conservative coalition voted against them.
The president of the Chemistry Industry Association of Canada attended the same meeting. I asked him the same question abut the European regulation. He told me that that was already being done in Canada.
There were two different stories. I did not have time to delve any further, so I could not follow up on issues that should have been raised during the meeting. Clearly, the industry representatives did not like the fact that I had brought up REACH. Within minutes, the Bloc Québécois received an email to further explain REACH. That was not my first time seeing something like that. When someone disagrees with the industry, it is because they lack education, so the industry will simply try to do a better job of explaining things.
I would say that the email was a bit misleading, but the Bloc Québécois had done its homework to get a good sense of this European system. REACH puts the burden of proof on companies, and that is fine. Industry may well recommend designations, but there are sectoral committees of experts and specialists such as the expert group on persistent, bioaccumulative and toxic substances. I will use imagery that everyone can understand. It is as if there are clearly visible lines on the pavement and REACH adds guardrails to prevent us from falling over the edge.
The European federation's regulatory framework includes various mechanisms that do not exist, or are very tentative, in Canada. That is the truth. These are tools that, although they do not make it entirely safe, certainly have the merit of slowing down what I call the gangrene of regulatory capture and leaving “everything to the industry”.
In Europe, REACH strikes a balance between the risk-based approach advocated by industry and the hazard-based approach, which it wants to avoid at all costs. Furthermore, the REACH process and that of the European Chemicals Agency clearly make room for public consultation. Yes, ordinary citizens have their say, but so do experts in toxicology and medicine, as well as specialists in regulation and standardization. The public consultation process provided for under REACH really does exist. A person would have to be acting in bad faith to say that REACH makes no room for public consultation.
This consultation is so comprehensive that in European public processes, calls for comments and evidence allow interested parties to register their interest, express their views in the preparatory phase and comment on the various documents relating to restrictions. There is transparency; reports are accessible. The public can also submit additional information to justify or support their comments. Canada could have followed that example. Unfortunately, I have to say that it was a missed opportunity.
Let us come back to Bill S‑5. Bill S‑5 was sent to the House with impressive improvements regarding public participation and transparency. Amendments were proposed to clarify and relax some sections without compromising rigour. However, it is a disappointment. We had hoped that, after over 20 years or two decades of waiting, the government would enshrine its oft-repeated claims in law. This could have been such an extraordinary moment. Unfortunately, I would say that transparency, consultation and science were left by the wayside, which I found disappointing.
The Minister of Environment and Climate Change has reminded the House many times that his department's work has been applauded by environmental groups, which is true. However, he mentioned only the praise and none of the criticism that we see when we read the rest of the news release.
The government and the official opposition both said no to prescriptive language that would have increased the public's access to the consultation process. That would have also helped the government to be more transparent and considerate towards the individuals and civil society groups concerned. Unfortunately, the Liberals and the Conservatives voted against this progress, which came from the Senate, and against the amendments proposed by the opposition.
I will close by saying that I will continue to be involved in the upcoming legislation to review the Canadian Environmental Protection Act, which the Minister of Environment and Climate Change has committed to. As members can see, I do not give up easily. I do have one wish. I hope that when it counts, the government will build and play its role as legislator with integrity for the public and not just for industry.