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Bill S-5
- Royal assent received
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- The Strengthening Environmental Protection for a Healthier Canada Act amends the Canadian Environmental Protection Act, 1999, among other things, to recognize an individual's right to a healthy environment and require the government to protect that right. It also expands regulation-making, information-gathering, and pollution prevention powers, and requires vulnerable populations to be considered when assessing substances. The act also makes related amendments to the Food and Drugs Act to enable the assessment and management of risks to the environment associated with foods, drugs, cosmetics, and devices, and repeals the Perfluorooctane Sulfonate Virtual Elimination Act.
- H1
- H2
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- S1
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- S3
- RA
- Yea (280)
- Nay (144)
House Committee
- Thu Oct 26, 2023 11:00 - 12:56PM
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House Committee
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House Committee
- Report 7 presented to the House
In accordance with its Order of Reference of Thursday, November 3, 2022, your Committee has considered Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act, and agreed on Thursday, March 9, 2023, to report it with the following amendments: Clause 2
That Bill S-5, in Clause 2, be amended by adding after line 16 on page 1 the following:
“(2.1) The sixth paragraph of the preamble to the French version of the Act is replaced by the following:
qu’il s’engage à adopter le principe de précaution, si bien qu’en cas de risques de dommages graves ou irréversibles, l’absence de certitude scientifique absolue ne doit pas servir de prétexte pour remettre à plus tard l’adoption de mesures effectives visant à prévenir la dégradation de l’environnement.”
That Bill S-5, in Clause 2, be amended by adding after line 36 on page 2 the following:
“Whereas the Government of Canada is committed to openness, transparency and accountability in respect of the protection of the environment and human health;”
That Bill S-5, in Clause 2, be amended by adding after line 41 on page 2 the following:
“Whereas the Government of Canada is committed to implementing a risk-based approach to the assessment and management of chemical substances;”
Clause 3That Bill S-5, in Clause 3, be amended by replacing line 3 on page 3 with the following: “not be used as a reason for postponing cost-effective”
That Bill S-5, in Clause 3, be amended by adding after line 13 on page 3 the following: “(a.3) in relation to paragraph (a.2), uphold principles such as principles of environmental justice — including the avoidance of adverse effects that disproportionately affect vulnerable populations — the principle of non-regression and the principle of intergenerational equity;”
Clause 4 That Bill S-5, in Clause 4, be amended by adding after line 28 on page 3 the following: “healthy environment means an environment that is clean, healthy and sustainable. (environnement sain)”
That Bill S-5, in Clause 4, be amended by adding after line 28 on page 3 the following: “precautionary principle means Principle 15 of the 1992 Rio Declaration on Environment and Development, which provides that the lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation if there are threats of serious or irreversible damage. (principe de précaution)”
Clause 5
That Bill S-5, in Clause 5, be amended
(a) by adding after line 42 on page 3 the following:
“(1.1) Without limiting the generality of subsection (1), the implementation framework shall set out
(b) the process under subsection 76.1(1) in respect of the protection of the right to a healthy environment.”
(b) by replacing lines 13 and 14 on page 4 with the following:
“(c) the relevant factors to be taken into account in interpreting and applying that right and in determining the reasonable limits to which it is subject,”
That Bill S-5, in Clause 5, be amended by replacing line 9 on page 4 with the following:
“intergenerational equity, according to which it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs;”
Clause 5.1 That Bill S-5, in Clause 5.1, be amended by (a) replacing line 27 on page 4 to line 3 on page 5 with the following:
“5.1 (1) The portion of subsection 13(1) of the Act before paragraph (a) is replaced by the following:
Contents of Environmental Registry
13 (1) The Environmental Registry shall contain notices and other documents published or made publicly available by the Ministers or either Minister under this Act, and shall also include, subject to the Access to Information Act and the Privacy Act,”
(b) by replacing lines 8 and 9 on page 5 with the following: “registry is publicly accessible and searchable and is in electronic form.”
Clause 9
That Bill S-5, in Clause 9, be amended by deleting lines 10 and 11 on page 6.
Clause 10
That Bill S-5, in Clause 10, be amended by
(a) replacing line 26 on page 6 to line 23 on page 7 with the following:
“(1.1) The notice may include a requirement that the plan prioritize the identification, development or use of safer or more sustainable alternatives to the substance, group of substances or product.”
(b) replacing lines 28 to 35 on page 7 with the following:
“(3) Subsection 56(4) of the Act is replaced by the following:
(4) The Minister shall publish in the Environmental Registry and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or the implementation of the plan, and the duration of the period of the extension.
(4) Section 56 of the Act is amended by adding the following after subsection (5):
(6) A notice under subsection (1) may include a requirement that the person to whom the notice is directed file with the Minister, within the periods specified in the notice, written reports on their progress in implementing the plan.”
Clause 10.1
Clause 10.1 is deleted.
Clause 11.1
Clause 11.1 is deleted.
Clause 14
That Bill S-5, in Clause 14, be amended by
(a) replacing lines 9 to 15 on page 9 with the following:
“81, add a substance to the Domestic Substances List if
(a) the substance was included on the version of the Revised In Commerce List that was prepared by the Minister of Health after the end, on November 3, 2019, of acceptance of substance nominations to that List and that is referred to in the Canada Gazette, Part I, Volume 152, Number 44, as the static list;
(b) the substance is not referred to in Annex I to the notice entitled “Removal of substances with no commercial activity from the Revised In Commerce List” published in the Canada Gazette, Part I, Volume 156, Number 8; and
(c) no conditions specified under paragraph 84(1)(a) in respect of the substance are in effect.”
(b) replacing lines 18 to 27 on page 9 with the following:
“(2) The Minister may, by order, designate any person or class of persons to exercise the powers set out in subsection (1).”
Clause 15
That Bill S-5, in Clause 15, be amended by replacing line 23 on page 10 with the following:
“conditions, test procedures and laboratory practices to be followed for replacing, reducing or re-”
That Bill S-5, in Clause 15, be amended by replacing lines 26 to 28 on page 10 with the following:
“classification of a substance as a substance that poses the highest risk.”
Clause 16.1
That Bill S-5, in Clause 16.1, be amended by replacing lines 3 to 21 on page 12 with the following:
“Restriction — vertebrate animals
68.1 The Ministers shall, to the extent practicable, use scientifically justified alternative methods and strategies to replace, reduce or refine the use of vertebrate animals in the generation of data and the conduct of investigations under paragraph 68(a).
(2) For the purposes of subsection (1), methods and strategies to refine the use of vertebrate animals include minimizing pain and distress caused to vertebrate animals used in the generation of data and the conduct of investigations under s 68(a).”
Clause 19
That Bill S-5, in Clause 19, be amended by replacing line 25 on page 15 with the following:
“and publish a plan with timelines”
That Bill S-5, in Clause 19, be amended
(a) by deleting, on line 29 on page 15, the word “may”
(b) by replacing, on line 29 on page 15, the word “specify” with the word “specifies”
That Bill S-5, in Clause 19, be amended by replacing lines 37 to 41 on page 15 with the following:
“the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to replace, reduce or refine the use of vertebrate animals.”
That Bill S-5, in Clause 19, be amended
(a) by deleting lines 1 and 2 on page 16.
(b) by adding after line 30 on page 16 the following:
“(7.1) The Ministers shall review the plan within eight years after it is published and every eight years after that.”
(c) by renumbering subsections of section 73 and amending all references accordingly.
That Bill S-5, in Clause 19, be amended by replacing line 16 on page 16 with the following:
“paragraph 68(a), including the manner in which the public may be provided with information regarding substances or products including, in the case of products, by labelling them.”
Clause 20
That Bill S-5, in Clause 20, be amended
(a) by replacing line 21 on page 17 with the following:
“(3) The Minister shall delete a substance from the List,”
(b) by replacing lines 23 to 25 on page 17 with the following:
“specified on the List, if
(a) an order is made under subsection 90(1) adding the substance to the list of toxic substances in Schedule 1; or
(b) the Ministers no longer have reason to suspect that the substance is capable of becoming toxic.”
That Bill S-5, in Clause 20, be amended by replacing lines 1 to 4 on page 18 with the following:
“(2) The Ministers shall consider the request and decide whether to add the substance to the plan developed under section 73 or deny the request.
(2.1) Within 90 days after the day on which the request is filed, the Minister shall inform the person who filed the request of the decision, how the Ministers intend to deal with it and the reasons”
Clause 21
That Bill S-5, in Clause 21, be amended by adding after line 34 on page 20 the following:
“(8) If more than two years have elapsed after the publication of a statement under paragraph (1)(a) without the Ministers having published a statement under paragraph (6)(b), the Minister shall publish in the Environmental Registry a statement made jointly by the Ministers indicating the reasons for the delay and an estimated time frame within which the statement under paragraph (6)(b) is to be published.”
Clause 22
That Bill S-5, in Clause 22, be amended by replacing line 26 on page 21 with the following:
“amended and the reasons for the amendment in the Environmental Registry and in any other”
That Bill S-5, in Clause 22, be amended by adding after line 27 on page 21 the following:
“(3) The Minister shall include in the annual report required by section 342 a report on the progress made in developing any subsequent proposed regulations or instruments.”
That Bill S-5, in Clause 22, be amended by adding after line 27 on page 21 the following:
“Update on estimated timelines
(4) The report on progress referred to in subsection (3) shall include an update on estimated timelines and reasons for any delay.”
Clause 29
That Bill S-5, in Clause 29, be amended by replacing line 37 on page 24 with the following:
“respecting preventive or control actions, including actions that lead to the use of safer or more sustainable alternatives for the environment or human health, in relation to a”
Clause 39
That Bill S-5, in Clause 39, be amended by
(a) replacing lines 2 to 17 on page 31 with the following:
“106, add a living organism to the Domestic Substances List if
(a) the living organism was included on the version of the Revised In Commerce List that was prepared by the Minister of Health after the end, on November 3, 2019, of acceptance of substance nominations to that List and that is referred to in the Canada Gazette, Part I, Volume 152, Number 44, as the static list; and
(b) no conditions specified under paragraph 109(1)(a) in respect of the living organism are in effect.
(2) The Minister may, by order, designate any person or class of persons to exercise the power set out in subsection (1).”
(b) replacing lines 20 to 23 on page 31 with the following:
“tion 105(1), 105.1(1) or 112(1) is not being manufactured in Canada or imported into Canada the Minister may delete the living”
New Clause 39.01
That Bill S-5 be amended by adding after line 34 on page 31 the following new clause:
“39.01 Subsection 106(9) of the Act is replaced by the following:
(9) The Minister shall, as soon as possible in the circumstances, publish in the Canada Gazette a notice stating the name of any person to whom a waiver is granted and the type of information to which it relates.”
Clause 39.1
That Bill S-5, in Clause 39.1, be amended by replacing line 35 on page 31 to line 15 on page 32 with the following:
“39.1 The Act is amended by adding the following after section 108:
Consultations
108.1 (1) If the information that the Ministers assess under subsection 108(1) or (2) is in respect of a vertebrate animal or a prescribed living organism or group of living organisms, the Ministers shall consult any interested persons before the expiry of the period for assessing that information.
Notice
(2) Before undertaking consultations, the Minister shall publish a notice of consultation in any manner that the Minister considers appropriate.”
Clause 44.1
That Bill S-5, in Clause 44.1, be amended by replacing lines 21 to 25 on page 35 with the following:
“(g.1) prescribing a living organism or group of living organisms for the purpose of subsection 108.1(1);”
Clause 50
That Bill S-5, in Clause 50, be amended by replacing lines 14 to 16 on page 39 with the following:
“(2) A request for confidentiality shall be submitted, with reasons taking into account the criteria set out in paragraphs 20(1)(a) to (d) of the Access to Information Act, in writing and contain any supplementary information that may be prescribed.”
That Bill S-5, in Clause 50, be amended by adding after line 16 on page 39 the following:
“(3) The Minister shall review a statistically valid representative sample of requests granted under subsection (1) and determine whether, in respect of each of those requests, the person who made the request demonstrated that it concerned any of the following:
(a) trade secrets of any person;
(b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person;
(c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, any person; or
(d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person.
(4) If the Minister determines that the person who made the request did not demonstrate that the request, in whole or in part, concerned information described in any of paragraphs (3)(a) to (d), then, for the purpose of any part of the request that does not concern such information, the request is deemed not to have been made.
(5) The Minister shall include in the annual report required under section 342 the number of requests made under subsection (1), the number of requests reviewed, the number of requests that, in whole or in part, were deemed not to have been made and a summary of the information disclosed under sections 315 to 317.2.
(6) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in this section.”
Clause 53
That Bill S-5, in Clause 53, be amended
(a) by replacing line 1 on page 40 with the following:
“317.1 (1) The Minister may disclose the explicit chemi-”
(b) by replacing line 14 on page 40 with the following:
“(2) The Minister may disclose the explicit biological”
(c) by replacing line 27 on page 40 with the following:
“(3) The Minister shall disclose the explicit chemical or bi-”
That Bill S-5, in Clause 53, be amended by adding after line 29 on page 41 the following:
“317.3 The Minister shall include in the annual report required by section 342 a report respecting the explicit chemical or biological names of substances and the explicit biological names of living organisms disclosed under section 317.1 or 317.2.”
Clause 55
That Bill S-5, in Clause 55, be amended by
(a) replacing line 32 on page 41 with the following:
55 Subsections 332(1) and (2) of the Act are
(b) deleting lines 15 to 35 on page 42.
Clause 57
That Bill S-5, in Clause 57, be amended by replacing line 14 on page 43 to line 4 on page 44 with the following:
“Report — aboriginal peoples
342.1 The Minister shall include in the annual report required by section 342 information related to
(a) consultations with aboriginal peoples and aboriginal governments, including a summary of the key issues raised, in relation to matters under this Act,
(b) the administration of this Act in respect of aboriginal peoples and aboriginal governments, including the measures taken to advance reconciliation as reflected in section 35 of the Constitution Act, 1982 and in the United Nations Declaration on the Rights of Indigenous Peoples Act, and
(c) the key findings or recommendations of any report made under an Act of Parliament in respect of the administration of this Act and aboriginal peoples and aboriginal governments.”
Clause 67.1
Clause 67.1 is deleted.
Schedule 1
That Bill S-5, in Schedule 1, be amended by deleting the reference to “section 68.1”, in the references after the heading “SCHEDULE 1”, on page 53.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 38 to 52) is tabled.
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House Committee
- Thu Mar 09, 2023 03:32 - 05:17PM
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House Committee
- Mon Mar 06, 2023 11:01 - 01:05PM
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House Committee
- Thu Feb 16, 2023 04:02 - 05:30PM
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House Committee
- Mon Feb 13, 2023 11:02 - 01:01PM
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House Committee
- Thu Feb 09, 2023 03:32 - 05:31PM
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House Committee
- Mon Feb 06, 2023 11:04 - 12:14PM
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- Thu Feb 02, 2023 03:44 - 05:29PM
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House Committee
- Mon Jan 30, 2023 11:01 - 12:54PM
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House Committee
- Tue Dec 13, 2022 03:33 - 05:29PM
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House Committee
- Fri Dec 09, 2022 01:04 - 03:00PM
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- Tue Dec 06, 2022 03:32 - 05:37PM
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- Fri Dec 02, 2022 01:03 - 03:01PM
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- Tue Nov 29, 2022 03:46 - 05:51PM
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House Committee
- Fri Nov 25, 2022 01:00 - 03:08PM
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House Committee
- Tue Nov 22, 2022 03:52 - 05:56PM
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Senate Committee
- Third Report
The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its
THIRD REPORT
Your committee, to which was referred Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act, has, in obedience to the order of reference of April 7, 2022, examined the said bill and now reports the same with the following amendments:
1.Clause 2, page 2:
(a)Replace line 3 with the following:
“of Indigenous Peoples, including free, prior and informed consent;”;
(b)replace line 17 with the following:
“of science and Indigenous knowledge in the process of making decisions related to”;
(c)replace lines 22 and 23 with the following:
“ment of substances to replace, reduce or refine the use of vertebrate animals;”.
2.Clause 3, page 3:
(a)Replace line 3 of the English version with the following:
“not be used as a reason for postponing effec-”;
(b)replace lines 13 and 14 with the following:
“subject to any reasonable limits;
(3) Subsection 2(1) of the Act is amended by adding the following after paragraph (k):
(k.1) encourage the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to replace, reduce or refine the use of vertebrate animals;”.
3.Clause 5, pages 3 and 4:
(a)On page 3, replace line 37 with the following:
“(2) The implementation framework, in a manner consistent with the purposes of this Act, shall, among other”;
(b)on page 4,
(i)replace line 5 with the following:
“— the principle of non-regression and the principle of intergenerational equity;”;
(ii)replace lines 8 to 11 with the following:
“ment referred to in paragraph 2(1)(a.2);
(c) the reasonable limits to which that right is subject, resulting from the consideration of relevant factors, including social, health, scientific and economic factors; and
(d) mechanisms to support the protection of that right.”.
4.New clause 5.1, page 4: Add the following after line 19:
“5.1 (1) Subsection 13(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c), and by adding the following after that paragraph:
(d) for each substance on the Domestic Substances List,
(i) every action, process, decision, assessment, request or activity — however called — that is carried out in relation to the substance under any provision of this Act, whether it has occurred, is in progress, or is proposed, and
(ii) every international instrument to which Canada is a signatory that applies in respect of that substance.
(2) Subsection 13(2) of the Act is replaced by the following:
(2) The Minister may determine the form of the Environmental Registry and how it is to be kept, so long as the registry is maintained in the form of a publicly accessible and searchable electronic database.”.
5.Clause 9, page 5: Add the following after line 19:
“(k.2) hydraulic fracturing;
(k.3) tailings ponds;”.
6.Clause 10, page 5:
(a)Add the following after line 33:
“(1.1) Subsection 56(1) and the portion of subsection 56(2) of the Act before paragraph (a) are replaced by the following:
56 (1) The Minister may
(a) identify every person or group of persons that manufactures, imports, processes or releases, or that uses in a commercial manufacturing or processing activity,
(i) a substance or group of substances specified on the list of toxic substances in Schedule 1,
(ii) a substance or group of substances to which subsection 166(1) or 176(1) applies, or
(iii) a product that contains a substance or group of substances specified on the list of toxic substances in Schedule 1 or that may release such a substance or group of substances into the environment; and
(b) publish in the Canada Gazette, and in any other manner that the Minister considers appropriate, a notice requiring any person or class of persons identified by the Minister to prepare and implement a pollution prevention plan in respect of a matter referred to in subparagraphs (a)(i) to (iii).
(1.1) For the purpose of identifying the persons or groups of persons referred to in paragraph (1)(a), the Minister may publish in the Canada Gazette, and in any other manner that the Minister considers appropriate, a notice requiring any person of group of persons described in the notice to provide the Minister with any information that may be in their possession or to which they may reasonably be expected to have access, including information regarding their engagement in any activity involving a matter referred to in subparagraphs (1)(a)(i) to (iii).
(2) The notice referred to in paragraph (1)(b) may specify”.
(b)add the following after line 37:
“(2.1) Subsection 56(5) of the Act is replaced by the following:
(5) On written request of a person who is the subject of a notice under paragraph (1)(b), the Minister may waive the requirement for that person to consider a factor specified under paragraph (2)(c) if the Minister is of the opinion that it is not reasonable or practicable to consider the factor on the basis of reasons provided in the request.”.
7.New clause 10.1, page 6: Add the following before line 1:
“10.1 Subsection 58(1) of the Act is replaced by the following:
58 (1) Every person who is required to prepare a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall file, within 30 days after the end of the period for the preparation of the plan specified in the notice referred to in paragraph 56(1)(b) or extended under subsection 56(3), or specified by the court under section 291 or in the agreement, as the case may be, a written declaration to the Minister that the plan has been prepared and is being implemented.”.
8.New clause 11.1, page 6: Add the following after line 11:
“11.1 Subsection 60(1) of the Act is replaced by the following:
60 (1) The Minister may publish in the Canada Gazette, and in any other manner that the Minister considers appropriate, a notice requiring any person or class of persons who is the subject of a notice under paragraph 56(1)(b) to submit, within the period specified by the Minister, the plan or any part of the plan for the purpose of determining and assessing preventive or control actions in respect of a substance, group of substances or product.”.
9.Clause 15, page 8:
(a)Replace lines 2 to 4 with the following:
“striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:
(d) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing or measuring the property or characteristic, including procedures and practices for replacing, reducing or refining the use of vertebrate animals; and”;
(b)replace lines 6 and 7 with the following:
“classification of a substance as a substance that is carcinogenic, mutagenic, toxic to reproduction or poses other risks of highest concern.”.
10.Clause 16, page 8: Replace line 25 with the following:
“(iii.2) whether there is a vulnerable population or environment in”.
11.New clause 16.1, page 9: Add the following after line 18:
“16.1 The Act is amended by adding the following after section 68:
68.1 (1) The Ministers shall not generate data or conduct investigations using vertebrate animals for the purpose of assessing
(a) whether a substance is toxic or capable of becoming toxic; or
(b) either the need to or the manner in which to control
(i) a substance,
(ii) a product that contains a substance, or
(iii) a product that may release a substance into the environment, including a substance specified on the List of Toxic Substances in Schedule 1.
(2) Subsection (1) does not apply if
(a) it is not reasonably possible to obtain the data or to conduct the investigation by methods other than using vertebrate animals; and
(b) the data or investigation is necessary to achieve objectives related to protecting the environment or human health.”.
12.Clause 18, page 11: Add the following after line 25:
“(a.1) the conditions, methods, test procedures and laboratory practices to be followed to replace, reduce or refine the use of vertebrate animals;”.
13.Clause 19, page 12:
(a)Delete line 18 of the English version;
(b)replace line 25 with the following:
“the opinion should be prioritized; and
(c) that specifies activities or initiatives to promote the development and implementation of methods not involving the use of vertebrate animals that would provide information sufficient for assessing risks to health or the environment posed by substances assessed under this Part.”;
(c)replace line 38 with the following:
“vidually, with a view toward avoiding substitutions within the class that may be harmful; and”.
14.Clause 20, page 14:
(a)Replace line 4 with the following:
“(3) The Minister shall delete a substance from the List, as well as any information regarding the substance that is specified on the List, if an order is made under subsection 90(1) adding the substance to the list of toxic substances in Schedule 1.
(4) The Minister shall publish the List and any amend-”;
(b)replace line 7 with the following:
“(5) The List is not a statutory instrument as defined in”;
(c)replace lines 31 and 32 with the following:
“any vulnerable population or environment in relation to the substance and on the cumulative effects on human health and the environment that may result from expo-”.
15.Clause 21, page 16:
(a)Replace line 6 with the following:
“(i) is inherently toxic to human beings or non-human organisms, as determined by laboratory or other studies,
(ii) is persistent and bioaccumulative in accordance”;
(b)replace line 8 with the following:
“(iii) is present in the environment primarily as a re-”;
(c)replace lines 10 to 16 with the following:
“(iv) is not a naturally occurring radionuclide or a naturally occurring inorganic substance;
(b) the substance may constitute a danger in Canada to human life or health and is, in accordance with the regulations, carcinogenic, mutagenic or toxic for reproduction; or
(c) the substance is, in accordance with the regulations, a sub-”.
16.Clause 29, page 21:
(a)Replace lines 15 to 17 with the following:
“Schedule 1, the Ministers shall give priority to pollution prevention actions and, in particular, in the case of a substance specified in Part 1 of the list of toxic substances in that Schedule, to the total, par-”;
(b)replace lines 20 to 26 with the following:
“the environment.
(1.2) For the purposes of subsection (1.1), the Ministers shall, in respect of a substance specified in Part 1 of the list of toxic substances in Schedule 1, consider whether the activity or release can be un-”.
(c)replace line 29 of the French version with the following :
“sur l’environnement ou la santé humaine, et s’il”.
17.New clause 39.1, page 28: Add the following after line 14:
“39.1 Subsection 108(1) of the Act is replaced by the following:
108 (1) Subject to subsection (4), the Ministers shall, within the prescribed assessment period, assess information provided under subsection 106(1), (3) or (4) or paragraph 109(1)(c) or otherwise available to them in respect of a living organism in order to determine whether
(a) it is toxic or capable of becoming toxic; and
(b) it shows a demonstrable need for the living organism.
(1.1) The Ministers shall ensure that the public is provided with opportunities to participate meaningfully in the Ministers’ assessment.
(1.2) The Ministers shall, within the prescribed assessment period, solicit public comments in respect of the testing of all evidence and may request additional evidence from any individual.”.
18.New clause 44.1, page 31: Add the following after line 18:
“44.1 Subsection 114(1) of the Act is amended by adding the following after paragraph (g):
(g.1) prescribing processes for meaningful public participation in
(i) an assessment under section 108, and
(ii) the determination of whether to grant a waiver requested under subsection 106(8);”.
19.Clause 50, page 35: Delete lines 10 to 13.
20.Delete clause 54, page 37.
21.Clause 56, page 38:
(a)Replace line 1 with the following:
“56 (1) Subsections 332(1) and (2) of the Act are re-”;
(b)add the following after line 21:
“(2) Section 332 of the Act is amended by adding the following after subsection (3):
(4) In addition to any other requirement of this Act, a notice under this Act, a notice of any consultation to be held in relation to a matter under this Act and any decision made under this Act for which a notice is not otherwise required under this Act must be made public, including by being published
(a) by the Minister on their departmental website;
(b) in a newspaper or other periodical that, in the Minister’s opinion, has a large circulation;
(c) in the Environmental Registry; and
(d) in the Canada Gazette.
(5) A notice published in accordance with paragraphs 4(a) to (c) must include an indication of any opportunities for public participation that may be available in relation to the content of the notice.
(6) In addition to any other requirements of this Act, a notice of a public consultation is to be published in accordance with paragraphs (4)(a) to (c) at least 60 days before the consultation is to occur.”.
22.New clause 57.1, page 38: Add the following after line 34:
“57.1 The Act is amended by adding the following after section 342:
342.1 (1) The Minister shall, five years after the coming into force of this section and every fifth year after that, prepare a report regarding the operation of this Act in respect of the aboriginal peoples of Canada during the preceding five years.
(2) The report referred to in subsection (1) must include details on
(a) consultations with aboriginal peoples and aboriginal governments in relation to matters under the Act;
(b) measures implemented to ensure that the Act is administered in a way that complies with
(i) section 35 of the Constitution Act, 1982,
(ii) the principle of the honour of the Crown, and
(iii) Canada’s treaty relationships with and its fiduciary obligations to the aboriginal peoples of Canada;
(c) any evaluation completed in respect of the effectiveness or implementation of the measures described in paragraph (b); and
(d) any findings or recommendations in respect of the administration of this Act in respect of the aboriginal peoples of Canada.
(3) The Minister must cause the report to be laid before each House of Parliament no later than six months after the conclusion of the five-year period to which the report relates.”.
23.New clause 67.1, page 46: Add the following after line 11:
“Report
67.1 (1) The Minister of Industry must, no later than one year after the day on which this Act receives royal assent, cause to be tabled in both Houses of Parliament a report regarding measures to
(a) ensure that manufactured goods that come to Canada meet the environmental requirements imposed on Canadian manufacturers; and
(b) test imported products for compliance with Canadian standards to ensure that they are safe for Canadian consumers and that Canadian producers are not at a disadvantage.
(2) The report must include
(a) an evaluation of existing measures and their effectiveness;
(b) recommendations for any new measures; and
(c) a proposed timetable and cost estimate for the implementation of new measures recommended under paragraph (b).”.
24.Schedule, page 47:
(a)Replace the references below the heading “SCHEDULE 1” in the schedule with the following:
“(Paragraphs 56(1)(a) and (c), section 68, section 68.1, subsection 71(1), paragraphs 77(2)(c) and (d), subsections 77(7) and (9), 90(1) to (2) and 91(1), paragraph 91(2)(a), subsection 93(1), paragraphs 94(1)(a) and (5)(b), subsections 95(1) and (3) and 96(1), paragraph 199(1)(a), subparagraph 199(1)(b)(i) and subsection 317.1(3))”;
(b)replace, in the English version, the second line of the note in Schedule 1 set out in the schedule with the following:
“and “y” refer to the number of atoms.”.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
PAUL J. MASSICOTTE
Chair
Observations to the third report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Bill S-5)
1.The committee heard concerns that biomonitoring and toxicology assessment capability located within Health Canada, is inadequate to address the demands that Bill S-5 will create for: longitudinal studies of sufficiently large and disaggregated cohorts that will provide for the ability to collect, store and analyze the health impact of substances in both general populations and vulnerable groups; the biobanks needed to be able to study cumulative effects of substances; the large data sets that will allow for causal inference analysis and other essential scientific studies. The committee urges the Government of Canada to commit to building capacity in collaboration with the academic and Indigenous communities, determine where this capacity would be best situated and to ensure that this is properly funded and functional within a year of Bill S-5 coming into effect.
2.The committee heard that biomonitoring of health/environment interactions is currently not being conducted on reserves nor in off-reserve Indigenous populations. And, that toxicity analyses, may not be conducted in concert with Indigenous health, nutritional and cultural practices. We urge the Government of Canada to ensure that Indigenous populations are provided equal access to biomonitoring and exposure assessments and that Indigenous perspectives be included in the development of the Chemical Management Plan.
3.To complement legislative amendments such as those proposed above, we recommend that the Ministers establish an advisory committee under section 7 of the Act to report to the Ministers on eliminating the use of vertebrate animals in toxicity testing and promoting the use and development of non-animal methods. The committee could be tasked with developing a work plan or strategy, similar to that released by the US Environmental Protection Agency (“EPA”). The advisory committee should also have a reporting requirement.
4.This committee would like to state their concern that the right to a healthy environment cannot be protected unless it is made truly enforceable. This enforceability would come by removing the barriers that exist to the current remedy authority within Section 22 of CEPA, entitled “Environmental Protection Action.” There is concern that Section 22 of CEPA contains too many procedural barriers and technical requirements that must be met to be of practical use. As Bill S-5 does not propose the removal or re-evaluation of these barriers, this Committee is concerned that the right to a healthy environment may remain unenforceable.
5.This committee wishes to convey their concern surrounding industry data collection where information gaps exist on the toxicity of substances they use or emit. Bill S-5 authorizes collection of data on whether a substance is an endocrine disruptor. Bill S-5 also authorizes the Minister to consider available information on vulnerable populations and the cumulative effects of a potential toxic substance. However, in none of these cases does Bill S-5 direct the Minister to require testing by industry when data gaps exist on whether a substance is toxic or is capable of becoming toxic. In such instances, this committee believes that testing should be done by industry where and when available information on substance toxicity is unavailable or inconclusive.
- Hear!
- Rabble!