44th Parl. 1st Sess.
October 31, 2022 11:00AM
- Oct/31/22 12:28:15 p.m.
- Watch
- Re: Bill S-5
Madam Speaker, just to be clear with the member, I said that the right to a healthy environment, as it is embedded and updated in the legislation, is unenforceable because it is in the preamble. It gives no force of law, essentially. Someone cannot go to court and make a claim before a judge that this is somehow an enforceable right. It is not in the Charter of Rights and Freedoms. It is not a right that someone can make a claim against.
In terms of enforceability, this is already enforced in the industry. The industry in Canada is already trying to meet these expectations. This legislation will impact hundreds of thousands of people who work across the different sectors. All of them are trying to do the right thing by the environment and also by their community members. Nobody is out there with the goal of polluting unnecessarily or of dropping toxic chemicals into the environment. They know this legislation exists and they are trying to meet its expectations, but inserting it into the preamble is what makes it unenforceable.
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- Oct/31/22 12:44:58 p.m.
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- Re: Bill S-5
Madam Speaker, it is a real pleasure to rise on Bill S-5.
Five years ago, at the environment committee, as a parliamentary staffer, I took part in the extensive review that took place, I believe, in 2017. Indeed, the committee members at the time looked at the whole scope of this legislation, and I hope to provide some insight from my time on that committee during my remarks today.
While I am in support of Bill S-5 in the fact that it deals with the right to a healthy environment and some of the critical issues included in CEPA 1999, I would be remiss if I did not mention a juxtaposition of things happening in British Columbia at the moment.
Right now, we have a government that is purportedly concerned about the impacts of toxic substances on our lives, on our health and on the health of infants most importantly. Just yesterday I went to IKEA with my family and bought some new furniture. I know that furniture is subject to many of the schedule 1 toxic substances list, and those toxic chemicals are applied in the production and manufacturing of almost all consumer goods that we use in Canada. At the same time, though, the government has decided this year to decriminalize the use of fentanyl, which is killing hundreds, if not thousands of people every single year in my province.
Why do we care so much, on the one hand, about the application of CEPA 1999 and amending it to keep our communities safe from toxic substances, when at the same time the Government of Canada is effectively legalizing the use of a toxic substance that is killing people every day on the streets of Vancouver and throughout British Columbia?
Earlier in the debate today, a number of people spoke to the fact that the bill before us today does not address the full scope of changes that are needed to modernize the Canadian Environmental Protection Act. I would generally agree with this assumption and the concern put forward by members on all sides of the House. For example, the Canadian Environmental Protection Act, which is complicated legislation, overlaps and works in conjunction with other pieces of legislation that determine how we use products and substances in our day-to-day life, one example being the Motor Vehicle Safety Act. In the last number of years, we have seen a huge influx of electric vehicles coming into the marketplace. I think it would benefit consumers in Canada if we had updated standards on the use of the batteries, for example, that are used in these cars, and the impact it could have on the environment when they reach the end of their life cycle and have to be recycled.
Another example of things we could have been discussing is living organisms or biotechnology. I know many of my constituents are concerned about genetically modified organisms. The Canadian Environmental Protection Act is the law that deals with such substances. We have not seen a major update despite major advancements in the technology regarding the products, food and even vaccines that we might ingest into our bodies that could be impacted by such provisions.
A big one is preventing water pollution from nutrients. One of the things the Department of Environment and Climate Change wanted to see addressed in 2016, when we went through the review, was the labelling of products such as bleach or other household goods that we use on a regular basis. We need to know the impact those products have when we put them down the drain, and what might happen off the coast of Victoria, for example, when they are dumped directly into the ocean. We need our Canadian Environmental Protection Act to be updated to know what we are putting into the ocean and the impact it has on marine life, especially in British Columbia.
As other members have mentioned, Bill S-5 does nothing to address marine pollution. I would be remiss if I did not ask why the government would not address that, because it is in the process of hiring hundreds of new people to work at Fisheries and Oceans Canada and Transport Canada on a marine protection plan for the Pacific coast. How in the world could it not update CEPA to work in conjunction with the billions of dollars it is purportedly spending on protecting B.C.'s coasts? It has the opportunity right here in the House of Commons.
Another big thing we could have done to address the environment is related to preventing pollution from the transboundary movement of hazardous waste and hazardous recyclable material. One of my colleagues from Simcoe, the secondary breadbasket of Canada, put forward a bill to try to update some aspects of CEPA as it relates to recycled goods. We have so many goods on which we could a better job of making sure they are dealt with in a respectful way.
We also need to be very careful, and CEPA could be doing this, to look at the importation of goods and whether they meet Canadian standards. An updated CEPA could give consumers more confidence in the products they are using if the government had the courage to do the hard work of updating the Canadian Environmental Protection Act, 1999.
Another key aspect of CEPA that could have been addressed is preventing and responding to emergencies. This is particularly important to the people of Mission—Matsqui—Fraser Canyon. One of the provisions that Environment and Climate Change Canada asked for in the last review in 2017 was to allow for field research related to environmental emergencies, and for exemptions for urgent, time-sensitive issues of national security and remedial provisions. This was really relevant to my riding when it had to replace so many culverts as it related to fish-bearing streams. There were so many applications to our environmental laws in the context of an emergency that could have been addressed if the government wanted to do the hard work.
Another area the government could have addressed, which is probably the fifth or sixth already, is environmental protection related to federal activities on aboriginal lands. Aboriginal lands and reserves, in many cases, are not subject to provincial environmental laws, and we do not know about the application of federal laws or the overlay of the two jurisdictions. We could have used this opportunity in respect of UNDRIP. Instead of just talking about UNDRIP, we could have taken the concrete administrative step of improving the application of environmental laws or their administration in the context of aboriginal lands.
Another area we could have looked at is strengthening the enforcement of CEPA. Since the review that took place in 2017, the Government of Canada went through a major process with Volkswagen Canada. Volkswagen was not following the laws in Canada related to the Motor Vehicle Safety Act and was not reporting on the emissions from certain vehicles. In the United States, there were billions of dollars in lawsuits after this. In Canada, our enforcement of environmental laws is much weaker. We could have used this opportunity to strengthen the enforcement of environmental protection in Canada.
Another area we could have looked at that I briefly touched upon is facilitating intergovernmental co-operation. We have a large bureaucracy in Canada. There is lots of red tape. There is overlapping jurisdiction and there are overlapping laws. Updating CEPA could have clarified how federal, provincial and territorial laws work in the context of equivalency in the administration of environmental protection in Canada.
We could have looked very closely at encouraging public participation, moving administrative barriers to allow more citizens to participate and bring petitions forward to the minister of environment, which is a very key aspect of the bill on issues of concern. We could have clarified how that would work in the Canadian context.
Finally, the preamble in Bill S-5 talks extensively about protecting the right to a healthy environment. Unfortunately, the government seems to punt all the hard work down the road. Why did it not clarify the legal definition of “a right to a healthy environment” instead of giving our public servants two years to determine the definition? We have a responsibility in committee and in this chamber to do that hard work now, not leave it for down the road. It is a failure of the government not to define “a right to a healthy environment” instead of just punting it down the road.
I could go on. I am quite dismayed that the Government of Canada did not do the hard work that many of its members put forward in recommendations. Unfortunately, it is too afraid to do that hard work.
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- Oct/31/22 1:40:29 p.m.
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- Re: Bill S-5
Madam Speaker, I heard the member's speech and would agree. We are all concerned about the environment and having harmful chemicals affect our kids and their drinking water.
The Liberal member across the way asked her a question. I would like to ask her a question about the Liberal record of inaction on the environment.
What makes her think that now is going to be any different by just putting one more law in the books in regard to the environment?
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- Oct/31/22 1:43:34 p.m.
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- Re: Bill S-5
Madam Speaker, I really appreciate that. Canadians cannot wait another two decades and continue to be unknowingly exposed to unregulated and harmful chemicals.
Our health is on the line. Let us hope that the 44th Parliament gets it right this time when the CEPA amendments come back to the House.
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- Oct/31/22 1:58:00 p.m.
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- Re: Bill S-5
Madam Speaker, this debate should have been settled a long time ago. What I find deeply concerning is that the Conservatives continually raise questions about a fundamental part of the bill, which is a right to a clean environment. I would think we would agree across all party lines to a clean environment, but apparently not the Conservatives. Also, I am very concerned about their promotion of single-use plastics and toxic chemicals, and not getting a bill through the House that would protect and keep the environment safe.
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