44th Parl. 1st Sess.
May 3, 2023 02:00PM
- May/3/23 4:19:54 p.m.
- Watch
- Re: Bill S-5
Mr. Speaker, I want to thank the member for Victoria for her work on this very important bill and the collaboration that we enjoyed. We worked closely on this bill for a number of months.
I disagree with her characterization of the ultimate result. From what I have heard from environmental groups, industry representatives and health professionals, the feedback coming to me is that this is a good bill that moves the agenda forward. This is not the last that we will hear of CEPA. We will be entertaining further improvements when other sections of the act open up.
Would the hon. member acknowledge that collecting information on tailings ponds is already a provision under CEPA? We had a very robust discussion in committee, and it was decided that this was redundant and was singling out one particular industry. We could have added 10 more.
We are, in fact, dealing with the Kearl issue, which is a separate subject. We are all in agreement that what happened in Alberta was absolutely unacceptable, and we are putting measures in place for a better monitoring and reporting system for the good people of northern Alberta.
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- May/3/23 4:40:38 p.m.
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- Re: Bill S-5
Mr. Speaker, I am pleased to rise in the House today to speak to Bill S-5, the strengthening environmental protection for a healthier Canada act. It proposes amendments to the Canadian Environmental Protection Act of 1999, also known as CEPA.
As members know, our government introduced Bill S-5 in the Senate on February 9, 2022. Over the past year, Bill S-5 has moved steadily through the parliamentary process. I would like to take this opportunity to recognize the tremendous contribution from parliamentarians on all sides of the House, and their insight and efforts to advance and strengthen this bill.
The parliamentary process was clearly a success. The committees that worked on this bill spent nearly 50 hours studying it. They heard testimony from over 80 witnesses representing civil society, academia, industry and indigenous organizations, and received more than 100 written briefs. In the end, over 40 amendments were adopted, with the government supporting more than half of these changes. The bill is stronger as a result, and the government supports it.
It is now time to pass the bill as reported by the ENVI committee, send it back to the other place and, most importantly, ensure that the bill receives royal assent without delay so we can implement it.
Bill S-5 would be the first major overhaul of CEPA in more than a generation, as many members have pointed out. The bill would modernize CEPA in two key areas. First, it would recognize a right to a healthy environment, as provided under CEPA. Second, it would strengthen the foundation for chemicals management in Canada and enable robust protection for Canadians and their environment from the risks posed by harmful substances.
The recognition of the right to a healthy environment, as provided under this act, would be an important achievement. It would be the first time such a right has been recognized in federal legislation. Under the bill, the government would have a duty to protect that right and uphold related principles, such as environmental justice. Within two years, if it comes into force, the Minister of Health and the Minister of Environment and Climate Change would be required to develop an implementation framework to set out how that right would be considered in the administration of the act.
People may ask what difference the recognition of this right would make. They should recall that CEPA provides the foundation for multiple programs aimed at preventing pollution, such as those dealing with air quality, environmental emergencies, greenhouse gases and, of course, the chemicals management program. The right would apply to the administration of the whole act.
I will take one principle: environmental justice. I have heard those words in the chamber today. It includes avoiding disproportionate harmful impacts on vulnerable populations. Examining decision making from this perspective would require a greater understanding of who is most impacted by pollution and putting some priority on addressing those situations. Because a solid understanding of the situation would be important, the bill would require the ministers to conduct research, studies or monitoring activities to support the protection of the right to a healthy environment.
Complementary to that right, the bill would confirm the government's commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples, including free, prior and informed consent. Amendments confirmed the role of indigenous knowledge in decision-making related to the protection of the environment and health, and encouraged examination of whether CEPA is implemented in a way that advances reconciliation.
Bill S-5 would also modernizes Canada's approach to chemicals management by, among other things, emphasizing protection of Canadians who are most vulnerable to harm from chemicals, encouraging the shift to safer alternatives and accounting for the reality that Canadians are exposed to chemicals from multiple sources, often referred to as cumulative effects.
Central to these amendments is the proposal to develop and implement a plan of chemicals management priorities. The Minister of Environment and Climate Change and the Minister of Health would develop this plan in consultation with stakeholders within two years of royal assent. It would set out a multi-year integrated plan for chemical assessments, as well as supporting research and information-gathering activities. The plan would also consider factors such as vulnerable populations, cumulative effects and safer alternatives, as I have already said.
This proposal was strengthened with amendments, supported by the government, that would require the plan to include timelines and that it be reviewed every eight years following its publication. Recognizing that Canadians are exposed to multiple chemicals from many different sources, the bill broadens the scientific basis for risk assessments under CEPA to include consideration of cumulative effects and vulnerable populations. Amendments adopted at committee introduced the related concept of a vulnerable environment. The changes will help ensure that assessors consider real-world exposure scenarios.
To support the shift to safer alternatives, the bill would establish a new watch-list of chemicals of potential concern. Amendments adopted at committee clarify the process for removing chemicals from the watch-list and provide helpful guidance to industry and other chemical users. The bill would also shift the risk-management paradigm under CEPA by expanding its regulatory focus to a broader subset of toxic substances, that is toxic substances that pose the highest risk, and requiring that priority be given to prohibiting activities and releases of these toxic substances.
However, amendments adopted at committee and supported by the government make it clear that it must include toxic substances that are carcinogenic, mutagenic or toxic for reproduction, in addition to persistent and bioaccumulative substances, which departments have always aimed to eliminate. These important changes bring CEPA in line with the latest science and understanding of environmental and health risks.
Having summarized the key chemicals management components of the bill, I will now speak to some cross-cutting themes that came in through amendments.
Openness, transparency and accountability in environmental and health protections were major themes underlying many of the amendments made to the bill at committee. These included a preambular statement to this effect, along with various timelines and reporting requirements for the risk assessment and risk management of chemicals. These changes would increase accountability under CEPA and ensure risks to Canadians and their environment from chemicals are assessed and managed in a timely fashion.
Similarly, amendments made to the bill would create a more open and transparent regime for confidential business information by requiring that claimants justify their confidentiality requests against Access to Information Act criteria, and would require that the Minister of the Environment review and validate a statistically representative sample of confidentiality requests and report annually on the results.
Animal testing is another major theme of the amendments to the bill, with the committee adding several new provisions aimed at replacing, reducing or refining the use of vertebrate animals. Moreover, the plan of chemical management priorities discussed earlier would include a strategy to promote the development and use of methods not involving the use of vertebrate animals.
These amendments are consistent with work under way in other jurisdictions around the world, such as the U.S. and EU, and help further this government's commitment to move away from vertebrate animal testing. This includes continuing to work with industry, academia and our international partners to develop and evaluate non-animal alternative methods with the goal of moving closer to ending animal testing. In fact, the government recently reaffirmed its commitment to end cosmetics testing on animals in the 2023 federal budget, and with amendments to the Food and Drugs Act tabled in Bill C-47. These CEPA amendments would be an important complement to this work.
Lastly, on the topic of amendments, not all of the amendments that were made to the bill in the other place were maintained, but I would say majority were. There were some that were not in keeping with the principles of the act, would be difficult to implement or were premature, in light of ongoing consultations being undertaken by Environment and Climate Change Canada and Health Canada. As I mentioned before, this is not the last chapter on CEPA.
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- May/3/23 4:51:44 p.m.
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- Re: Bill S-5
Mr. Speaker, I appreciate the member's statement and question.
The sentiment she expressed at the committee meeting was one of disgust and disappointment. I did look Chief Adam in the eye. Everyone around that table was very incredulous at how something like this could happen and how notification was not given.
That is why the minister has established a working group. He has extended his hand to the indigenous peoples of that area and to the Alberta government. We will be working together for solutions, not only in the short term but also in the long term.
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- May/3/23 4:53:30 p.m.
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- Re: Bill S-5
Madam Speaker, I was not aware of the particular issue the member has raised today. I will certainly take it back and see where things lie in terms of safer alternatives.
One of the major thrusts of CEPA is looking for those safer alternatives. We will be looking to the innovation and ingenuity of our scientists, researchers and universities to find alternatives so we can replace substances that are harming the environment or human health.
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- May/3/23 4:54:56 p.m.
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- Re: Bill S-5
Madam Speaker, I believe when I was referring to the EU, I was referring to cosmetic testing.
The whole basis of CEPA is to have risk-based analysis versus the hazard-based management system of the European Union. I believe our system is much more superior for protecting human health and the environment. It has served our country well, and we have made major improvements to CEPA that would make it even better.
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- May/3/23 5:22:12 p.m.
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- Re: Bill S-5
Madam Speaker, I want to thank my colleague, the hon. member on the environment committee, for all her work on this bill, her very important work.
I have a question for the hon. member on the issue of air quality standards that our NDP colleague had raised. I know the Bloc is very sensitive to jurisdictional issues. One of the reasons we defeated the NDP amendment was that this is an area of joint jurisdiction. Our feeling as a committee was that we needed to work on this together.
I wonder if the member would have some reflections on this, particularly the sensitive issue of jurisdiction and the importance of working together to better the environment.
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