Hon. Robert Black: Honourable senators, I rise today to speak to Bill S-5, the strengthening environmental protection for a healthier Canada act.

As you know, I am a longtime supporter of the agricultural industry, and it’s what I know best. So as you can likely assume, my focus today will be the way in which Bill S-5 may impact the agricultural industry. I understand that this is the first time the Canadian Environmental Protection Act, or CEPA, has been amended since 1999. It is clear, as my colleague the Honourable Senator Kutcher highlighted in his earlier speech, that a great deal has changed since then. A great deal has changed about our world in general but also in the world of agriculture. Farming is smarter and more connected now than it ever has been before. As things are continuing to change, the agriculture community is ready to change with it.

That being said, I have recently learned from a few agricultural stakeholders that there are minor concerns about the inclusion of and language around a precautionary principle throughout the bill, particularly since it states that a weight-of-evidence approach and a precautionary approach should be taken.

Members of the agricultural community are concerned that it’s commonly understood that a precautionary approach is used in the absence of data. A weight-of-evidence approach, on the other hand, suggests there is evidence in place.

While the balance between the precautionary principle and weight-of-evidence approaches referenced in the bill isn’t new, as it already is in CEPA, there is a need for clarity as to how it is to be applied to the broader subset of potentially toxic substances this bill brings into CEPA consideration.

It is important to note that there is existing guidance on how the two are balanced by Environment and Climate Change Canada. However, agricultural stakeholders have highlighted the critical need to ensure the end result is as fully informed decision making as possible. And I agree with their concern that Canadian regulators should have a clear mandate to pursue additional evidence where it’s found lacking.

Ultimately, given the important role this bill will play in evaluating substances present in our environment, I believe that where there is an absence of data, there should be legislated processes and mechanisms to request more data. I am hopeful that members of this chamber will consider such a matter at committee and investigate how we can possibly strengthen this bill to ensure its success.

Another area that members of the agricultural industry have flagged is regarding chemistries that are not yet registered as pesticides and whether or not they will fall under the Canadian Environmental Protection Act, 1999, or CEPA. This would be critical to receive clarification on this, so that manufacturers can be mindful of speed to market for innovation and tools that will support food producers.

Due to administrative burdens, farmers remain concerned with lost competitiveness and any further delays in getting access to new innovations. In fact, every year that Canadian farmers go without a product that’s available to our major trading partners represents an additional obstacle to their competitiveness and to Canada’s competitiveness on the world stage. Health and safety are paramount for and to farmers, but the efficiency of Canada’s regulations in addressing this priority needs to be examined closely to ensure it supports and strengthens the competitiveness of the Canadian agricultural industry.

One additional area of concern that agricultural stakeholders have raised is with respect to section k, wherein it states:

expand certain regulation-making, information-gathering and pollution prevention powers under that Act, including by adding a reference to products that may release substances into the environment;

Depending on how they are applied, there is a question about whether these powers will impact on farm activities. I am hopeful that farmers and the greater agricultural community will be consulted on this section to assess potential implications.

Finally, as Senator Kutcher highlighted, thousands of substances have been identified as needing risk assessments, and many that have been previously assessed may require re‑evaluation because of new uses, new scientific information and greater exposures than were the case at the time of the original evaluation.

This could cause delays and backlogs in the use of these substances, which could potentially lead to further issues and concerns. While I am pleased to see that the time is being taken to understand the potential risks of these substances, we must ensure it is an efficient and effective process.

All that being said, there are aspects of the bill that members of the agricultural community have voiced their support for, namely, the efforts to reduce, refine and replace animal testing. Agriculture has actively worked as a partner towards this change, but it cannot be successful without further support from government.

I heard from Syngenta Canada, a leading agriculture company offering innovative products, expert agronomic advice and support for best management practices, on their work in animal testing. They shared that the scientific community has been working to help the government make scientifically backed decisions that protect both human and environmental health with the use of fewer animal studies. To that end, Syngenta has been working with multiple agencies to develop other methods and evaluation strategies that will allow the agricultural industry, government and regulatory agencies to make better decisions. In fact, some of the methods they have developed and advocated for have already been accepted by regulatory agencies.

As a long-standing member of the agricultural community, I’ve risen on a number of occasions in the Senate Chamber to highlight the role of Canadian agriculture in relation to their efforts to protect the environment and support the fight against climate change.

Across the country, farmers are changing the way they farm by adopting more sustainable approaches, like the way they seed, till and prepare their land, as well as the control of weeds. Practices such as crop rotation and the use of cover crops to help improve soil health, slow erosion and increase soil organic matter all promote healthy crops and livestock, as well as contribute to a healthy ecosystem. All of this helps support a healthier, more sustainable environment.

The challenge for the agriculture and agri-food sector will be to mitigate greenhouse gases while adapting to the impacts of climate change without jeopardizing food security. To do so, Canadian agriculture producers and food processors will need government support in transitioning their operations to be more sustainable, and they will also require the government to continue engaging with the industry as they seek to change decades-long practices and procedures.

On that note, I would like to commend the government for its recently published discussion document on reducing emissions arising from the application of fertilizer in Canada’s agriculture sector. This document addresses one of the measures put forward in the government’s strengthened climate plan, which is a national target to reduce absolute levels of greenhouse gas emissions arising from fertilizer application by 30% below 2020 levels by 2030. This is an important measure. While many in the agriculture sector are already working to improve nutrient management and reduce emissions associated with crop production, it is important to note that fertilizers are responsible for a growing share of overall agricultural emissions.

I was pleased to see that the document discusses the 4R Nutrient Stewardship approach developed by Fertilizer Canada, as it was raised by a large number of stakeholders during the first phase of consultations as a pathway for achieving emission reductions. This is exactly the type of ongoing consultation and collaboration that is needed going forward.

I hope that the officials from Environment and Climate Change Canada, in addition to those of Agriculture and Agri-Food Canada, will continue to strengthen and enhance their relations with Canada’s agricultural community. As farmers and the agricultural community at large are the stewards of our land, they must be involved in the conversation around protecting our environment. Most importantly, they are willing to be partners in that conversation and those efforts to safeguard Canadian ecosystems.

Honourable colleagues, I am pleased to see that steps are being taken to update the Canadian Environmental Protection Act, especially after so much has changed since 1999, including our understanding of the environment. However, as I mentioned earlier, the agricultural community has some concerns about the language and use of some of the matters included in Bill S-5, and we all believe these issues should be investigated further by both the committee and government. Further, it is my hope that this investigation will lead to amendments to this bill in committee and, therefore, before it reaches the other place.

We are all well aware that our world continues to change. With it comes changes in industry, science and the environment. It is my hope that Bill S-5 will give Canadians a well-thought-out and integrated plan for the assessment of substances insofar as it remains committed to the risk-based approach.

It is also my hope that the public and private sectors, as well as everyday Canadians, will continue working alongside and supporting the agricultural industry as they work to adapt to a changing environment and seek to strengthen and enhance their practices. It is not enough to tell farmers what needs to be done to make their operations greener and more environmentally friendly. It must be a collaborative effort that will keep Canada’s agricultural industry strong for generations to come.

Thank you. Meegwetch.