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John Aldag

  • Member of Parliament
  • Member of Parliament
  • Liberal
  • Cloverdale—Langley City
  • British Columbia
  • Voting Attendance: 68%
  • Expenses Last Quarter: $163,149.67

  • Government Page
  • Oct/7/22 10:19:25 a.m.
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  • Re: Bill S-5 
Madam Speaker, I would like to thank my hon. colleague and good friend, the member for Winnipeg South, for sharing his time today. I also thank members of the House for giving me the opportunity to speak this morning. I am really pleased to rise today in the House to speak to Bill S-5, strengthening environmental protection for a healthier Canada act, particularly to government proposals and Senate amendments relating to a right to a healthy environment in the bill. Before I get into the substance of our proposal and the Senate amendments, I would like to remind the House that it has taken decades of work to get to where we are today. Discussions relating to a right to a healthy environment have been taking place domestically for many years, with many Canadians, civil society organizations and indigenous leaders advocating for a recognition of a right to a healthy environment at the federal level. There have also been discussions with industry associations supporting recognition in the preamble of the Canadian Environmental Protection Act, 1999, or CEPA, as it is commonly called. I would also like to acknowledge the important contribution of the House of Commons Standing Committee on Environment and Sustainable Development to these discussions. It is a committee that I was part of and that recognized the need to update the CEPA legislation. I would like to recognize the work of the committee under then chair Deb Schulte, and colleagues Will Amos and Mike Bossio, who also played key leadership roles in this study. In 2017, our committee called on the federal government to strengthen CEPA to provide greater protection to human and environmental health from toxic substances and unanimously recommended, among other things, that the preamble of CEPA be amended to explicitly “recognize a right to a healthy environment”. I commend our committee for the insights and ideas put forth over the years to enhance the protection of the environment and human health for present and future generations of Canadians. All those efforts brought us to this point today. The government is proposing to strengthen the protection of all Canadians and the environment from pollution and harmful substances through the amendments proposed in Bill S-5. To that end, the government has proposed to recognize in the preamble of CEPA that every individual in Canada has a right to a healthy environment as provided under the act. This is the first time that this right has been proposed for inclusion in a federal statute in Canada. This is huge. Recognition of a right to a healthy environment under CEPA is a significant milestone in and of itself. However, the government is doing more to elaborate on this right and its implementation for the purposes of the act. The red chamber made amendments to this part of the bill, as members know, and I look forward to building further on those amendments. The bill, as amended by the Senate, would include specific requirements of the government with respect to a healthy environment under the act. First is a duty on the government to protect that right when administering the act, subject to any reasonable limits. Second is a requirement to develop an implementation framework to set out how that right would be considered in the administration of the act. Among other things, the framework must include consideration of the principles of environmental justice, the idea of avoiding adverse effects that disproportionately affect vulnerable populations; non-regression, the idea of continuous improvement in environmental protection; and intergenerational equity, the idea of meeting the needs of the present generation without compromising the ability of future generations to meet their needs. These provisions would mark the first time that the federal government has introduced legislation requiring that it elaborate on the consideration of the principles of environmental justice and non-regression in the administration of an act. The framework must also elaborate on the reasonable limits to which that right is subject, resulting from the consideration of relevant factors, including social, health, scientific and economic factors. The consideration of factors reflects the fact that no right is absolute, but it must be meaningful and considered in context. Moreover, the bill would require that the implementation framework on the right to a healthy environment be developed within two years of the amendments coming into force. This would ensure that our commitment to implement this right is delivered on a timely basis while, at the same time, allowing for meaningful input and engagement from all parts of Canadian society, including indigenous groups, civil society organizations and industry. As transparency is key to fostering dialogue and moving forward on environmental protection, the implementation framework would also be published, so it would be available to all Canadians, and it would be reported on to Parliament annually. The implementation framework is expected to set a path for a progressive implementation of a right to a healthy environment under CEPA and to evolve over time, based on the views of Canadians and the experience gained by the government. It is expected to provide relevant and persuasive guidance to officials to inform the decision-making processes under the act, and is part of interpreting and applying the act. Third, this bill contains a requirement to conduct research, with studies or monitoring, to support the government in protecting this right. This is intended to ensure the government and future governments can make decisions about how to protect this right based on scientific evidence. This requirement must contribute to efforts to address environmental justice issues. For example, it should involve the collection and analysis of data to identify and monitor populations and communities that are particularly vulnerable to environmental and health risks from toxic substances and the cumulative effects of such substances. In turn, this could lead to new thinking on how to better protect such populations. These requirements would allow for meaningful recognition, with the opportunity for Canadians to have input into how this right would be considered in CEPA and the path toward its progressive implementation. Applying the lens of a right to a healthy environment to the administration of CEPA is expected to encourage new thinking about how to protect populations that are particularly vulnerable to environmental and health risks and provide continued support for strong environmental and health standards, now and in the future. In addition to these new provisions on a right to a healthy environment under CEPA, there would be a number of complementary changes to the act to assist in addressing environmental justice issues in Canada. Certain populations and communities face greater exposure to harmful substances and combinations of substances. They are in areas of concentrated pollution, sometimes referred to as pollution hot spots. Under the bill to amend CEPA, decisions under CEPA would need to consider vulnerable populations, groups of individuals within the Canadian population who, due to greater susceptibility or greater exposure, may be at an increased risk of experiencing adverse health effects from exposure to substances. In addition, our duty to make decisions and exercise powers under CEPA would expressly include protecting the health of vulnerable populations. This would be done, in part, through consideration of available information regarding vulnerable populations in risk assessments. The Minister of Health would be required to conduct biomonitoring surveys, specifically in relation to the health effects of substances. These biomonitoring surveys could focus on vulnerable populations. These new research requirements are intended to be complementary to the research requirements related to a right to a healthy environment, and the data and information they generate might lead to new thinking on how to better protect all Canadians from pollution and substances. These new research requirements are also expected to contribute to our efforts to better understand real life exposure, including exposures in vulnerable populations, and would assist in providing environmental and health protection for all. Finally, the preamble of CEPA would confirm the government's commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples. This aligns with the United Nations Declaration on the Rights of Indigenous Peoples Act, which received royal assent on June 21, 2021, and which provides a framework to advance implementation of the declaration at the federal level. The COVID-19 pandemic has not only revealed, but has also further exacerbated, social, health and economic disparities for indigenous peoples, Black Canadians and other racialized and religious minority Canadians and their communities. We cannot delay efforts to make Canada more just, more inclusive and more resilient. We see these proposals as one of the means to combat inequities in environmental protection in Canada, such as the increased health risks of more vulnerable members of society that can result from the exposure to substances and the cumulative effects from a combination of substances. These proposals would help advance discussions so that the vulnerability and the impacts of real life exposure are taken into account in environmental and health protection under the act. As the bill moves through the House, we are committed to engaging with colleagues in the days and weeks to come to move forward in support of strong environmental and health standards now and into the future. I must point out that Bill S-5 would be a strong start to updating CEPA. The Senate amendments are strong and must be accepted. However, I believe further amendments, which I hope to see seriously considered at committee, are in order. I recognize CEPA is complex legislation. It would be difficult to update in one effort. I would like to see updates addressing marine dumping, establishing air quality standards and implementing stronger citizen action. If these issues could be addressed, the legislation would be further strengthened, either now or in the future. Bill S-5 would go a long way to updating CEPA. More can be done, both now and in the future. I encourage all MPs to ensure we leave a positive legislative legacy as we update CEPA for the first time in more than 20 years. I look forward to thoughtful debate, the strengthening of amendments and a timely passage of this important legislation.
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