44th Parl. 1st Sess.
October 18, 2022 10:00AM
- Oct/18/22 1:20:50 p.m.
- Watch
- Re: Bill S-5
Madam Speaker, at last we are talking about Bill S-5. The Bloc Québécois supports the principle of Bill S‑5 with respect to strengthening environmental protection for a healthy Canada. I want to stress the word “strengthening”. The Canadian Environmental Protection Act, or CEPA, has not been updated since 1999. I am therefore speaking for numerous organizations and thousands of people who have been urging the federal government for years to carefully review the act. People have even come to my riding office to talk about it. It is an important job, of course, but it is also a monumental task if we want to do it right and get it all done within a reasonable time frame.
The senators received the bill on February 9, and they finished their study on June 22. It goes without saying that they proposed amendments. They also criticized the speed at which they were expected to work, especially since this is a complex legal issue and this bill has some important technical aspects. Changing one part of an act can sometimes have a ripple effect on other sections. I will get back to this later.
One of these amendments concerns new substances, more specifically, living organisms. Yesterday morning, I asked the representative of Environment and Climate Change Canada questions on this topic during the briefing on Bill S-5. She told me that, following the Senate's amendments, a consultation was planned. However, the required public consultation was not announced to stakeholders and the public until last Thursday. Why did the government wait until mid-October to hold the consultation when it could have done so any time after June 22? The results of the consultation are vital for our committee work.
I would like to point out that it is not enough to revise, modernize and strengthen CEPA. We need to make sure that this bill is only the first of many that will ensure that all aspects of the act are completely reviewed and adjusted in light of the scientific knowledge and the assessment and monitoring technologies we now have at our disposal. These future bills, which should complement this one, should be drafted and tabled as soon as possible. I hope that we will not have to wait another 20 years.
Special attention should definitely be paid to the problem of air pollution and contaminants being released into the environment, which the scientific literature tells us affects the health of women, children and vulnerable individuals, as well as the issue of genetically modified organisms. This one revision is not enough.
However, the good news is that the Minister of the Environment and Climate Change and his parliamentary secretary, the hon. member for Cloverdale—Langley City, have said much the same thing. I think that there is enough time left in this parliamentary session to look at the rest.
I do not have a medical background, but at the risk of repeating myself, although I am certain my colleagues will forgive me, every time I have an opportunity to speak in the House or even to the people in my riding, I always pair the environment with health. These topics are interrelated. I have listened closely to environmental protection organizations such as Nature Canada, Vigilance OGM, Breast Cancer Action Quebec and the Association québécoise des médecins pour l'environnement.
Last March, 54 organizations and more than 200 women concerned about these issues signed a letter to the members of the board of directors studying Bill S‑5, the members of the Standing Committee on Environment and Sustainable Development, the Minister of Environment and Climate Change and the Prime Minister. This 13-page letter highlights the long list of health problems associated with certain chemical substances and recommends amendments that would remedy the shortcomings.
Let us look at one example. How many consumers know that Canada's chemical regulatory system is officially based on post-market reporting? Manufacturers do not have to submit a report until after their product has gone on the market. This report is used before the effects have even been evaluated.
In 2022, the scientific and medical literature provided ample proof of the risks associated with cumulative exposure to PFAS and BPA, which can be found everywhere on a daily basis, including in packaging. They are known endocrine disruptors.
Here is a list of health effects: altered estrogen action, breast cancer, altered sperm count and quality, obesity, and type 2 diabetes. As if that were not enough, I could add hormone dysfunction and immunological effects such as decreased vaccine response. I am certain that this is important information. I could also talk about reproductive issues, including decreased fertility.
I will not name them all, because that would take too long. Given that the data provided by Environment and Climate Change Canada in 2018 showed that less than 2% of the regulated industry community was inspected in 2017-18, there is cause for concern. This means that the act is not being enforced as strenuously as it once was. In 2015-16, the Department of the Environment reported that 43 companies had been investigated for violating Canadian law. In 2018-19, that number had dropped to 12. The COVID-19 pandemic still lay ahead.
At the very least, it is unfortunate that it took more than 20 years to revise this important act. That being said, let us look to the future. Let us bring the act robustly into the 21st century and protect it from lobbies and commercial interests. Industry players are often quick to hold up their rights against those allowing for a better application of the law and enhanced monitoring, against the public’s right to be informed and protected from substances that are hazardous to people's health.
Let us look more specifically at Bill S-5. The government made a big thing of the amendment on the right to a healthy environment. We were not fooled, and Canadians should not be either, by the Liberal government’s claim that we have a real right to a healthy environment. This is not the case, according to the senior public servants who presented Bill S-5 to parliamentarians when it was tabled.
Transparency has its merits, so I will say straight out and in good faith that the clauses regarding the right to a healthy environment and those concerning vulnerable populations are in the bill’s preamble. This means that their scope is within the act and that they have no impact on other Canadian laws. What does that mean?
My colleague from Saanich—Gulf Islands, whom I commend, had something to say about this before we returned to our ridings. It means that, even if protection of the right to a healthy environment is added to the government’s mission, that does not create a basic right to live in a healthy environment.
I would like to quote my colleague from Cloverdale—Langley City. In his October 7 speech, he said that the “implementation framework is expected to set a path for a progressive implementation of a right to a healthy environment...and to evolve over time, based on the views of Canadians and the experience gained by the government.”
I think it would be appropriate to clarify what it really means to talk about a right that will evolve over time in a preamble. What does that mean exactly? I hope that it does not mean that we will spend another 20 years finding out.
Fundamental rights are the rights granted to every individual and guaranteed under the rule of law and in a democracy. Fundamental rights include human rights, the rights of citizens and civil liberties. The right to a healthy environment, which can have all sorts of meanings, is not a new idea.
It first started in Switzerland in 1971. Sweden added that right to its constitution in 1974. The primacy of this right has not eroded over time. Over the decades, governments have made considerable efforts to integrate this right in their policies and legislation. We certainly cannot say that Canada is a leader in this regard.
There may have been a time when the issue was given less importance in the political agendas of governments, but our environmental and health problems have surely moved things along. One fact remains: When a right makes its way into a constitution of a state of law, that right becomes a fundamental right. According to the UN, 153 states have legally recognized this right in their constitution. Before anyone says they do not believe me, I will point out that the legislative framework of the states in question and their choice of terminology and implementation do vary.
The few countries where the constitution has no influence over environmental legislation are those that added this right more recently—such as Kenya in 2010, the Dominican Republic in 2010, Jamaica in 2012 and Fiji in 2013—or countries facing civil war or other types of social, economic and political crises. Take the Democratic Republic of the Congo. Africa has the largest number of countries where the constitution appears to have no impact on environmental legislation.
A few weeks before COP26 last year, the UN adopted a resolution making the right to a healthy environment a human right. The Office of the High Commissioner for Human Rights now has a special rapporteur assigned to this issue, because the deterioration of the environment and climate change are recognized as interconnected human rights crises. The aim is to promote a safe, clean, healthy and sustainable environment.
Almost at the same time, New York modified its constitution to include the right of everyone to clean air and water and a healthy environment. As in the six U.S. states that took this step before New York did, it was an arduous struggle. Detractors of legal, social and environmental progress always say the sorts of things we will hear here in the House: it is too vague; it is imprecise; anyone can go to court; we need to protect business activity and confidential business information. We will hear these things. Of course, there was also the hon. member for Regina—Qu’Appelle who spoke of the potential litigation a revised act would attract.
I would like to remind members that the OECD confirmed that including environmental provisions in the European constitutions led to an in-depth revision and a marked progression of environmental policy, and facilitated the implementation of inspection, monitoring and enforcement processes.
Sometimes, we need to look to the past in order to have a clearer picture of what is happening now. That is why I wanted to see how this issue was being examined in the Canadian context, in the federal context, which continues to show its limitations.
Several academics have focused on the issue over the years. Some feel that this type of mechanism should be included in Canadian environmental protection legislation. In 1990, the Canadian Bar Association made that recommendation in a document entitled “Sustainable Development in Canada: Options for Law Reform”. More specifically, it recommended that the federal government attempt, through a long-term strategy, to include in the Constitution the right to a healthy environment and, pending interim measures, adopt at least one law recognizing that right. We are far from that today.
The association recommended the adoption of detailed provisions on public participation, as well as provisions to facilitate public access to the civil and criminal courts, to eliminate the limits under common law around legal standing in nuisance cases, to expand access for individuals and environmental groups, and to increase potential remedies in the event of environmental damages.
That was over 30 years ago. I would also like to thank the Library of Parliament who, at the same time, felt it was appropriate and timely to publish a research report on the topic. I encourage my colleagues to read it. This all goes to show that successive governments have had ample time to do the right thing. I hope, therefore, that members will understand my disappointment at the half-hearted mention of the right to a healthy environment in a preamble.
We are not falling for it. I do not think anyone has fallen for it.
As we know, every level of government can pass laws to protect the environment if those laws are related to an area of constitutional jurisdiction under the Constitution Act, 1867, a concurrent jurisdiction. In 2006, Quebec amended chapter IV of the Charter of Human Rights and Freedoms. It reads, “Every 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.” Unlike the Canadian Environmental Protection Act, the Quebec charter, in the political context of Quebec, is quasi-constitutional in scope. It is plain to see that Quebec does not need Canada's help in promoting and protecting the fundamental rights of Quebeckers.
I know full well that the federal government has not developed the humility needed to recognize the political merit of what I just mentioned, or the humility to learn from the progressive public policies implemented around the world, even though it sees itself as a leader in all things relating to the environment. Why not have the ambition to give serious meaning and scope to this provision that it plans to include in the preamble?
Since 2006, the amendment to chapter IV of the Quebec charter not only enshrines a fundamental individual right, but also puts forward a normative principle on which the courts can rely to give an environmental dimension to other fundamental rights set out in the charter, including the right to life, personal security, freedom, private life, property and equality. That is where we are, at least in Quebec.
What is before us, with all the fanfare and under the banner of the right to a healthy environment, is not even the bare minimum. The bare minimum would be to include it in the body of the act.
As I pointed out earlier, the addition of this right is not in the act and its preamble. It therefore has no impact whatsoever on other federal legislation, not to mention that its implementation framework is still very uncertain as to the strictness and scope of its application, in light of the CEPA provisions.
If the government were serious about creating a new right, if it were truly a partner with states of law and progressive democracies, if it were aiming for transparency, if it had confidence in the application of its law, and if it had political courage, it would propose a round of negotiations to truly enshrine it in the Canadian Charter of Rights and Freedoms. Otherwise, this provision kept in the preamble will change nothing.
On April 13, 2022, partners from all political parties represented in Quebec’s National Assembly adopted a motion affirming the primacy of Quebec’s jurisdiction over the environment. Elected representatives in Quebec unanimously oppose any federal intervention in environmental matters in Quebec. The Bloc Québécois fully endorses that position.
The Bloc Québécois wants to work with all partners to ensure that the amended act best reflects the recommendations from health protection, environmental protection and industry groups and stakeholders from various industries, without losing sight of the fundamental role of this law and the following priorities: improving transparency on mandatory labelling; improving enforcement of the regulations and ensuring stricter requirements for the assessment of products by the importers; addressing disproportionate exposures and the impacts of toxic chemicals on health, while specifying the effects on vulnerable communities; improving the collection of biomonitoring data to better understand and treat exposure in those communities; establishing clear timelines for the assessment of substances and taking measures for processing substances deemed to be toxic. These elements merit careful consideration by the House of Commons Standing Committee on Environment and Sustainable Development. I would really like to do a truly collaborative study, a study that would prioritize the participation of experts, those who know this and not a parade of various lobbies.
Finally, as the saying goes, if something is worth doing, it is worth doing well. It would be unfortunate, even irresponsible, to move quickly. Doing so would compromise the quality and depth of the work to be done. Let us be serious but let us not waste too much time. I will ensure that there are no sections or provisions that can be considered as intrusions in the jurisdiction of Quebec and the provinces. I will work collegially to ensure that the revised act is truly strengthened and that it allows the federal government to better protect health and the environment while ensuring, without compromise, respect for Quebec's environmental sovereignty.
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- Oct/18/22 1:40:13 p.m.
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- Re: Bill S-5
Madam Speaker, I thank my colleague, who is also a member of the committee, for the question.
I think that the Senate did rather good work and introduced new ideas. It made important amendments. Earlier, I was talking about the amendment regarding living organisms. I completely agree with referring this bill to committee as soon as possible for a thorough and detailed study so that it may be sent back to the House quickly, by the end of spring or by summer, I hope.
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- Oct/18/22 1:41:32 p.m.
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- Re: Bill S-5
Madam Speaker, as I mentioned in my speech, it truly works best when it is integrated into charters of rights. That is the best approach. Of course it requires a great deal of courage from the federal government to open constitutional talks.
In 1990, the Canadian Bar Association proposed enshrining this in a charter, but it also said that we could have interim legislation. That is where the door could open slightly. On October 7, my colleague from Saanich—Gulf Islands said that there were obstacles to clause 22. I admit that I have not had the time to look at that, but I think there are ways around this.
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- Oct/18/22 1:43:02 p.m.
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- Re: Bill S-5
Madam Speaker, if I understand correctly, my colleague is again referring to the right to a healthy environment. His question is very similar to the question from our other NDP colleague, so I will offer the same answer.
Bill S‑5 contains some interesting amendments from the Senate. As a political party, however, we would like to make other amendments on transparency, disclosure on mandatory labelling and strict product assessment requirements. A number of other amendments could be made. The title of the bill includes the word “strengthening”. We have some ideas about how to strengthen the Canadian Environmental Protection Act.
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- Oct/18/22 1:44:45 p.m.
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- Re: Bill S-5
Madam speaker, since my colleague was a nurse in another life, I understand why she also sees the link between the environment and health.
I have had Zoom meetings with industry people who all agree on the first part of the bill tabled by the government. However, they are not so sure about the Senate amendments. In our opinion, the Senate amendments really strengthen the law.
I will now put on my other hat, that of the union president I was in my former life. I am suspicious when industry says they agree with what is coming. It makes me think that we are not going far enough and that the measure needs to be strengthened. Let me give an example. Automobile manufacturers were uncompromising for 75 years in their response to the challenges of science. They were against seat belts; they were against anything that could improve vehicle safety. They lobbied strongly, but governments, elected officials, stood firm to impose safety equipment because that is what people needed.
I think it is the same thing now for the Canadian Environmental Protection Act. Let us strengthen it and stand firm in the face of lobbying to achieve something. This is about our health.
Speaking of health, the Association québécoise des médecins pour l'environnement, a branch of the Canadian Association of Physicians for the Environment, has provided some very interesting opinions on the subject.
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- Oct/18/22 1:47:57 p.m.
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- Re: Bill S-5
Madam Speaker, I thank my colleague and friend from Saanich—Gulf Islands. She is absolutely right. As I said, and as we have talked about at length, it is all smoke and mirrors. No one is fooled by this.
We know that this does not make any meaningful changes in terms of rights. It is really just a pseudo-right, as indicated in the preamble of the act, and it does not affect other acts of Parliament or federal laws. Yes, the senators explored this. They criticized the fact that it was not a true right, that it was a pseudo-right. We want to work on that in order to integrate it into the body of the act, as a bare minimum.
I know my colleague has been working on this bill for years. I look forward to working collaboratively with her.
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- Oct/18/22 1:49:25 p.m.
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- Re: Bill S-5
Madam Speaker, I thank my colleague, and I will be very brief. We often hear that it is important to walk the talk.
In the case of the federal government, the Government of Canada, it is definitely not walking the talk.
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- Oct/18/22 2:39:33 p.m.
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Mr. Speaker, the new policy to fast-track energy products announced by the Deputy Prime Minister has already had an impact in Canada. We learned last week that a call for tenders was issued for oil exploration in 100,000 square kilometres of ocean off the coast of Newfoundland. However, this drilling is exempt from environmental impact assessments.
Is that part of Canada's new energy policy or is it Canada's same old habit of sacrificing the environment when oil is involved?
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- Oct/18/22 2:40:36 p.m.
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However, Mr. Speaker, the Minister of Environment authorized the Bay du Nord oil project in Newfoundland, and he said that it was the last oil project that would be approved. He does have some power after all.
Now, there is a new call for oil exploration off the coast of Newfoundland. This is for serious contractors only. They have to commit to spending a minimum of $10 million each on oil exploration in order to obtain the permit. These people are paying a lot of money to look for oil because they expect to find it and develop it.
How many more projects like Bay du Nord does the government want to find off the coast of Newfoundland?
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