Bill S-5

Strengthening Environmental Protection for a Healthier Canada Act

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

This enactment amends the Canadian Environmental Protection Act, 1999 to, among other things,
(a) recognize that every individual in Canada has a right to a healthy environment as provided under that Act;
(b) provide that the Government of Canada must protect that right as provided under that Act, and, in doing so, may balance that right with relevant factors;
(c) require the development of an implementation framework that sets out how that right will be considered in the administration of that Act, and require that research, studies or monitoring activities be conducted to support the Government of Canada in protecting that right;
(d) authorize the Minister of the Environment to add to the Domestic Substances List certain substances that were in commerce in Canada and subject to the Food and Drugs Act between January 1, 1987 and September 13, 2001, and provide that any substance may be deleted from the List when it is no longer in commerce in Canada;
(e) require that the Minister of the Environment and the Minister of Health develop a plan that specifies the substances to which those Ministers are satisfied priority should be given in assessing whether they are toxic or capable of becoming toxic;
(f) provide that any person may request that those Ministers assess a substance;
(g) require the Minister of the Environment to compile a list of substances that that Minister and the Minister of Health have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic;
(h) require that, when those Ministers conduct or interpret the results of certain assessments — or conduct or interpret the results of a review of decisions of certain governments — in order to determine whether a substance is toxic or capable of becoming toxic, they consider available information on whether there is a vulnerable population in relation to the substance and on the cumulative effects that may result from exposure to the substance in combination with exposure to other substances;
(i) provide that certain substances be classified as substances that pose the highest risk based on, among other things, their properties or characteristics;
(j) require that those Ministers give priority to the total, partial or conditional prohibition of activities in relation to toxic substances that are specified in Part 1 of Schedule 1 of the Canadian Environmental Protection Act, 1999 , or to the total, partial or conditional prohibition of releases of those substances into the environment, when regulations or instruments respecting preventive or control actions in relation to those substances are developed;
(k) 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;
(l) allow the risks associated with certain toxic substances to be managed by preventive or control actions taken under any other Act of Parliament, and the obligations under sections 91 and 92 of the Canadian Environmental Protection Act, 1999 to be the responsibility of whoever of the Minister of the Environment or the Minister of Health is best placed to fulfil them;
(m) expand the powers of the Minister of the Environment to vary either the contents of a significant new activity notice with respect to a substance not on the Domestic Substances List or the contents of the List itself with respect to a substance on the List that is subject to the significant new activities provisions of that Act;
(n) extend the requirement, to notify persons of the obligation to comply with the significant new activity provisions of that Act when a substance that is subject to those provisions is transferred to them, so that it applies with respect to substances on the Domestic Substances List, and authorize that Minister to limit by class the persons who are required to be notified of the obligation when a substance that is subject to those provisions is transferred to them; and
(o) require that confidentiality requests made under section 313 of the Act be accompanied by reasons, and to allow the Minister of the Environment to disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism in certain circumstances.
The enactment 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 by, among other things,
(a) prohibiting persons from conducting certain activities in respect of a drug unless the Minister of Health has conducted an assessment of the risks to the environment presented by certain substances contained in that drug;
(b) enabling the Minister of Health to take measures in respect of the risks to the environment that a drug may present throughout its life cycle; and
(c) providing the Governor in Council with supporting regulation-making authorities.
Finally, the enactment repeals the Perfluorooctane Sulfonate Virtual Elimination Act .

Strengthening Environmental Protection for a Healthier Canada Act

[Bob Zimmer, Conservative, Prince George—Peace River—Northern Rockies, BC]

I tried, but you did not recognize me.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

No, you did not get up on this one.

The hon. member for Renfrew—Nipissing—Pembroke.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Madam Speaker, who, on this side of the bench, is the so-called biggest climate denier?

Historically, what has occurred is that, when a scientific basis for a comment or an explanation is not in reach or does not exist, their reaction is to automatically call the person who is questioning the science behind what they are stating some sort of name.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, it appears as though there is a bit of a jealousy going on, because maybe this member who is asking me the question is indeed the biggest climate denier.

We just have to watch the Gallant news network to see that for ourselves—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I want to remind the parliamentary secretary that he is not to use the name of an individual, either first or last, and I would ask the hon. member to ensure that he is careful with how he describes individuals.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Apologize. Resign.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I am sure that the hon. member for Renfrew—Nipissing—Pembroke wants to hear the answer.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I do apologize for using the member's name. I was actually referring to the newscast program. I thought that was the proper name of that and I was not trying to reference her name.

However, she is on the record suggesting that climate change is not real on multiple occasions, not just on social media but in the House. If it is going to be a competition as to who is the bigger climate denier, let the Conservatives sort that out on their own and then they can come back and tell us.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Madam Speaker, on a point of order, if you check the record, you will find that when he asked that question last time, I replied that I agreed that the climate has been changing since—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

It is not a point of order. It is a point of debate.

Resuming debate, the hon. parliamentary secretary to the government House leader.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is such a pleasure to rise to speak to such an important piece of legislation. It is probably one of the more substantive pieces, as it would update and possibly modernize legislation that, in my opinion, is going to have a real impact on Canadians.

Having a right to a healthy environment is something that we should never take too lightly, and I believe this legislation would establish a framework that would provide a much higher level of confidence for Canadians. For the first time, we have a government in Canada that sees that each and every one of us has a right to a healthy environment.

I remember listening to newscasts years ago that talked about the chemicals being put into products that were ultimately sold to children. I am thinking particularly of those small products that infants and young children would put in their mouths, which were primarily imported into Canada. We did not know the chemical makeup of the paints used, for example, but the product was being put directly into the mouths of children and being digested.

There was a time when asbestos was recognized as a wonderful product, and homes in all regions of our country were using the product as a form of insulation. In fact, if we go far enough back in time, we will see that governments were possibly subsidizing and encouraging the consumption of that particular product.

How things have changed, and I see that as a very strong positive. Fast-forward to today. We are now debating a piece of legislation that would deal with many chemicals, carcinogens and toxins, and how we can make a difference in what the public as a whole is seeing in our communities. Whether it is walking down the street or purchasing a product, we would have a better sense of what it means to have a healthy environment in which to live.

Earlier, a member from the Conservative Party asked about this whole idea that any Canadian would be able to request a substance to be assessed, and he tried to portray it in a negative light to my colleague in the form of a question. I, too, will wait as we see the framework flushed out to see how that issue will be appropriately addressed. However, what I take away from this legislation is that, for the first time, we would be empowering the people of Canada to be able to say, “Here is a substance that causes concern from a health perspective that I would like to see the Government of Canada address.”

I see that as a strong, positive measure. The details of that will come out in time, but my colleague answered the question by saying that it would possibly require some sort of triaging to determine priority in terms of possible investigations. I do not know the details of it, but I think the vast majority of people would recognize that this is a significant step forward. When we talk about having a right to a healthy environment, that is the type of example that I will give to the constituents I represent. I think people can relate to that.

Today at second reading we are talking about the principles of the legislation. I am really encouraged that there is a commitment for ongoing reconciliation in the legislation. I made reference earlier to UNDRIP and how that is being brought in, in terms of the calls to action on the issue of reconciliation.

We have a Prime Minister and a government as a whole that recognize the importance of indigenous communities in dealing with legislation such as what we are talking about today. It was a commitment that was given virtually from day one when today's Prime Minister of Canada was first elected not as the Prime Minister but as the leader of the Liberal Party, in third party status here in the House. The Prime Minister made the commitment on the calls to action.

Even within this legislation it might not necessarily be the biggest highlight for all people, but the principle of what is being talked about, and incorporating it into the legislation, is another clear indication of the sincerity of this government wanting to move forward on the issue of reconciliation. It is so vitally important not only for the Prime Minister, but also for all members. Particularly within the Liberal caucus, it is something that is constantly being talked about in a wide variety of different departments.

In talking about existing substances, I do not know much in terms of science, but I do know there are carcinogens and toxins that, as everyone understands and appreciates, cause serious issues for our environment and Canadians in general. There is an established list, at least in part. It is important that we continue to assess and manage those substances. It is important that we keep an open mind, as no doubt there will be a need to add to that list. Something that is talked about within this legislation is the development of a watch-list. I would suggest we could take that back to some of my first comments in regard to Canadians being able to contribute to that.

We often hear from our constituents about the issue of animal testing, how animals are being used as test subjects for different consumer products and more. In a very real way this legislation is moving us forward on that issue in looking at ways in which we could minimize animals being used for testing.

The bill talks about labelling, an issue I made reference to earlier, and how we ensure there is consistency in labelling so there is a better understanding of what is in the contents.

My colleague made reference to the importance of provincial and federal jurisdiction. As a government, we are committed to working with indigenous communities, provincial governments and other stakeholders. Caring for our environment and protecting the health of Canadians is all of our responsibilities. We, as a national government, have a leadership role to play, and I believe Bill S-5 is demonstrating that leadership role.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Madam Speaker, I was beginning to think there was a scintilla of hope that if this bill went to committee, there would be some sort of redemption, but the member opposite convinced me that there is not even going to be an attempt to make these initial decisions based on a scintilla of science. He said that somebody might be afraid or feel that something might be toxic and it is put on the list, but that is not the way we do it. We have a rigorous system for developing the list of toxic chemicals that exist here or that can be brought into Canada. He mentioned lead paint. I am sure he would be comforted to know that in Canada and the United States, we have not been putting lead in paint since 1992, not to say what is on the walls already that should not be.

From what he says, somebody who fears that ground beef could be toxic could have it put on the list and everybody would be denied ground beef and it would have a warning label. Actually, that was proposed earlier this year. I am glad that the Canadian Food Inspection Agency thought better of it.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, there are many things I could say.

One of the biggest differences between the Stephen Harper government and this government is that science is a factor. Science matters. We have seen that throughout the pandemic and with many other policy initiatives that have been taken, including in Bill S-5. It is not like someone from anywhere in Canada said that something was a bad substance and needs to be added to the list and then all of a sudden it appeared on the list. No one is saying that at all.

Obviously, science is a factor. At least when the Liberal Party is in government, science matters.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, my colleague talked about the right to a healthy environment, which obviously we support. I come from a coastal community. I can tell the House what it is like in coastal communities today. People cannot go anywhere without finding expanded polystyrene littered and broken apart along coastal shores, whether it be in coastal British Columbia or in Atlantic Canada. We know there are alternatives to expanded polystyrene that can be used which the government is not enforcing. The same member supported my Motion No. 51, which called on the government to regulate polystyrene in marine environments and reduce it, but the government has not done anything.

I am hoping my colleague will come forward with what the government is going to actually do to tackle polystyrene in marine environments and end this environmental disaster that is taking place. It is impacting our food systems, the environment and the ecosystem that absolutely relies on a healthy environment. I hope my colleague and his government will finally take real action in banning polystyrene from being used, especially in industrial use and marine environments.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, our national caucus was at the Bay of Fundy. The tides were out and I was near the ocean bed at the Bay of Fundy. Protecting our bodies of water like the Pacific Ocean, the Bay of Fundy and Lake Winnipeg is of critical importance. That is one of the reasons that we came up with a list of banned single-use plastics.

We will continue to look at ways in which we can improve our environment, in particular our bodies of water.