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House Hansard - 116

44th Parl. 1st Sess.
October 24, 2022 11:00AM
Context: House Hansard - 116 - Oct/24/22
Ms. Elizabeth May (Saanich—Gulf Islands, GP)
  • Oct/24/22 4:39:02 p.m.
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  • Re: Bill S-5 
Madam Speaker, for my hon. colleague from Cariboo—Prince George, it is such a joy to hear such a thoughtful speech that really looked at Bill S-5 and what is wrong with it. I totally agree with the member that it is not adequate for the government to promise us a right to a healthy environment and then tell us it will take two years to figure out what that is. Let us hope we fix that. With respect to the question on plastics, I want to put to the member that, in order to regulate plastics at all, the government is using the Canadian Environmental Protection Act, and I believe it is using it appropriately. The concept of CEPA toxic has been used for years, which is not the common-sense meaning of toxic. When the government uses the power it derives through CEPA, it uses it in an overly restricted way, so it is only prepared right now to not really deal with the threat of ocean plastics. It is in very limited circumstances, and certainly not ever getting into the hospital use of single-use plastics. Looking at forks and straws is as far as it has gone. I offer that to the member as a comment to see if that gives him any reassurance.
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Context: House Hansard - 116 - Oct/24/22
Mr. Luc Desilets (Rivière-des-Mille-Îles, BQ)
  • Oct/24/22 4:57:07 p.m.
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  • Re: Bill S-5 
Madam Speaker, we are here in the House to discuss Bill S-5, or the strengthening environmental protection for a healthier Canada act. This bill originated in the Senate this time, and it is being sponsored by Quebec Senator Marc Gold. We are at second reading stage. Bill S‑5 seeks to amend the Canadian Environmental Protection Act, which dates back to 1999 and is commonly referred to as CEPA. This act would replace the Food and Drugs Act and repeal the Perfluorooctane Sulfonate Virtual Elimination Act. This bill, which is not a complete overhaul of CEPA, seeks to amend CEPA in order to recognize the right to a healthy environment, consider vulnerable populations and the cumulative effects that may result from exposure to toxic substances, create a system for regulating toxic substances, and create a system for assessing and managing the risks that drugs pose to the environment. Of course, the Bloc Québécois is in favour of the principle of Bill S‑5. I would like to remind members that the Bloc Québécois believes that the Quebec nation is the sole authority over public decisions regarding the environment and the Quebec territory. Until we achieve independence, however, certain environmental protection responsibilities fall to the federal government under the current legal framework. It is clear that the legislation needs to be modernized. There has not been an update in more than 20 years, since 1999. Canada has fallen very far behind other nations. No one is surprised, really. Canada has never managed to meet a single climate target and is lagging far behind the rest of the world in the fight against climate change. I am not surprised that Canada has such outdated environmental legislation. It is unfortunate and sad, but that is how it is. In 2017, the House of Commons Standing Committee on Environment and Sustainable Development published a report containing 87 recommendations. One of those recommendations was to recognize the right to a healthy environment. Let us not be fooled, however. The Bloc Québécois did not fail to notice the partisan claims inserted into Bill S‑5. Elements pertaining to the right to a healthy environment are found in CEPA's preamble, but their scope remains very limited. This means that they have no impact on other Canadian laws. While the bill would add the protection of this right to the federal government's mission, the proposed amendments would not necessarily create a true fundamental right to live in a healthy environment. To have a real impact, this right would have to be entrenched in the Canadian Charter of Rights and Freedoms. In 2006, Quebec introduced the right to a healthy environment in the Charter of Rights and Freedoms: “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.” This right was entrenched in our laws in Quebec in 2006. In Quebec's political context, the Quebec charter, unlike CEPA, is quasi-constitutional in scope, no matter what our colleagues from other parties believe. Quebec does not need Canada's help to promote and protect Quebeckers' fundamental rights. Over a year ago, on October 8, 2021, the United Nations Human Rights Council recognized that having a clean, healthy and sustainable environment is a human right and called on “States around the world to work together, and with other partners, to implement this newly recognized right”. In a statement, the UN High Commissioner for Human Rights “called on States to take bold actions to give prompt and real effect to the right to a healthy environment”. Over 100 countries have already recognized this right constitutionally, while Canada is just getting around to including it in a law that does not have any real scope. That is not surprising coming from a country that is addicted to oil and gas, but it is obviously very disappointing. It is not surprising, but it is disappointing. Enshrining the right to a healthy environment in law is a good first step, and the Bloc Québécois welcomes that. That is why we will support Bill S-5. Bill S‑5 contains a number of technical aspects that should be carefully examined by the House of Commons Standing Committee on Environment and Sustainable Development. This modernization should truly enable the government to fulfill its environmental protection responsibilities while respecting Quebec's sovereignty over vulnerable populations, chemical management, the list of toxic substances, the strengthening of risk management accountability, the overall assessment of the cumulative effects of substances, and mandatory labelling requirements. The Bloc Québécois wants to work with all parliamentarians so that the repealed act reflects the recommendations of health and environmental protection groups and chemical industry partners as well as possible. For these reasons, the Bloc Québécois will be vigilant in studying this bill.
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