SoVote

May/3/23 4:10:04 p.m.
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Re: Bill S-5

Mr. Speaker, it is always an honour to rise in Parliament to represent the people of Victoria. People in my community care deeply about the environment. Protecting coastal ecosystems, being able to enjoy clean lakes and clean rivers and to breathe clean air are things that people in Victoria, and across our country, care deeply about. They are things we cannot take for granted. It is why enshrining the right to a healthy environment in the Canadian Environmental Protection Act is so important. The Canadian Environmental Protection Act is the largest piece of legislation that governs environmental protection in Canada, and it has been over 20 years since the last time it was updated. The world has changed and toxic substances are different than they were two decade ago. The bill was an opportunity to address environmental justice and to better protect the most marginalized who are impacted by pollution. This was such an important opportunity to strengthen environmental protections, and there are some great pieces of this legislation, but there were also so many missed opportunities. While Bill S-5 does not address a number of critical aspects of the Canadian Environmental Protection Act that need to be updated, I am going to start by outlining what we accomplished in committee, what was accomplished in the Senate and why it is important to pass this bill. The right to a healthy environment would be recognized for the first time under federal law. We were able to strengthen the legislation in committee to ensure that there would be a duty for the government to uphold the principles of environmental justice, intergenerational equity and non-regression. The bill would also require the federal government to take the cumulative impacts of toxins and their effects on vulnerable populations into account. I want to thank Senator McCallum for her work in providing amendments for vulnerable populations. The bill would also update how we control toxic substances and dangerous chemicals. It would prioritize prohibiting the most hazardous substances, and New Democrats worked to improve transparency and accountability. The bill would not be as strong without the amendments that we fought for and passed at the environment committee, or without the work of senators like Mary Jane McCallum and others, who strengthened the bill in the Senate. Unfortunately, there were so many important amendments that the government and the Conservatives voted against. They went so far as to take out provisions in the bill so as to water down environmental protections, undermine provisions for public consultation and protection of indigenous rights, and deny Parliament the opportunity to deal with the grave concerns around enforcement. They voted against amendments on the right to a healthy environment for future generations, including voting against implementing enforceable air quality standards, stronger labelling requirements for consumer products, and requirements for public and indigenous consultations regarding genetically engineered organisms, among others. It was disappointing that the Liberals and the Conservatives teamed up to undermine environmental protections, but it was not surprising to see them, yet again, listening to corporate lobbyists instead of scientists, doctors and environmental experts. One example of this was when the Liberals and Conservatives joined together to remove the reference to tailings ponds in the bill. This egregious amendment came from the Conservative members, who argued that tailings ponds are being managed very well. This is blatantly ignoring the science, the reports and the testimony from indigenous communities about the impact of pollution from tailings ponds. What was shocking is that the Liberals, who say they care about the environment, voted with the Conservatives to remove this vital provision. Pollution from tailings ponds is having devastating effects on communities, and the Liberal members on committee decided they would take out the only reference to tailings ponds in this legislation. Not even a month after this amendment passed, it was widely reported that the oil and gas giant Imperial Oil had a massive tailings pond leak that affected many indigenous communities near the site, including the Athabasca Chipewyan First Nation. What makes this case particularly horrific is that it has been happening since May 2022 and that the indigenous nations that were impacted were only informed almost a year later, in February 2023. This was after 5.3 million litres of toxic waste seeped into the ground and watershed that these communities rely on. That is two Olympic-sized swimming pools of toxic waste. Members from these communities came to speak about the failures of this federal government: the failure to protect the environment and the failure to protect the indigenous communities that were impacted. We must do more. We need to address this failure and properly regulate tailings ponds. This is why I put forward a report stage amendment to put the words “tailings ponds” back into the bill. I urge my colleagues in the chamber to vote in support of this amendment. Another area where the bill fails is on air quality. In fact, Bill S-5 does not mention air quality. Air pollution is the single greatest environmental risk to human health. Health Canada estimates that air pollution kills more than 15,000 people each year in Canada, and it is responsible for over $120 billion in socio-economic costs to the Canadian economy. Exposure to air pollution increases the risk of stroke, heart attack and lung cancer, as well as chronic and acute respiratory illnesses, such as asthma. There are also links to neurological diseases and adverse birth effects. The U.S. has had enforceable air quality standards for over 50 years. However, Canada has decided to continue to rely on voluntary standards. David Boyd, the UN special rapporteur on human rights and the environment, said that legally binding and enforceable ambient air quality standards are not just a matter of protecting the environment and public health, but that they are also important in creating a more equal Canada. Air pollution affects everyone, causing widespread violations of the right to breathe clean air, yet the burden of related diseases has a disproportional impact on certain vulnerable populations. Among the most severely harmed are women, children, the elderly, minorities, indigenous people, people living in poverty, people with pre-existing health conditions such as respiratory conditions or heart disease, and people who fall into several of these categories. Major sources of ambient air pollution, including power plants, refineries, factories, incinerators and busy roads, are often located in poor and racialized communities. Therefore, implementing ambient air quality standards in law and enforcing those standards across Canada is a matter of environmental justice. Parliament should strengthen Bill S-5 to ensure that Canada's first law recognizing the right to a healthy environment does not overlook action on air pollution. People's lives depend on it. When given the chance to make the Canadian Environmental Protection Act the strongest piece of environmental protection possible, the Liberals and Conservatives listened to the interests of big corporations over those of scientists and environmental experts. I also want to mention the amendments put forward by the member for Saanich—Gulf Islands. When it comes to protection of nature and when it comes to addressing genetically modified organisms, we need to ensure not only that we are listening to science, but also that we are listening to indigenous communities that are impacted when the Canadian government pushes through approvals for genetically modified salmon and other organisms that are central to the culture and livelihood of indigenous communities. There is a lot more to be said, but I will conclude by saying that my NDP colleagues and I are going to keep fighting to ensure that we protect our environment, that we protect human health and that we protect everything that we hold most dear for ourselves, for our children and for future generations. I am proud of the work that has been done, and I will be voting for this bill, but I hope that we do not wait another two decades to make these changes.

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Ms. Laurel Collins (Victoria, NDP)

May/3/23 4:10:04 p.m.
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Re: Bill S-5

moved: That the amendment to Clause 9 of Bill S-5 be deleted.

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Mr. Terry Duguid (Parliamentary Secretary to the Minister of Environment and Climate Change, Lib.)

May/3/23 4:19:54 p.m.
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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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Ms. Laurel Collins

May/3/23 4:21:26 p.m.
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Re: Bill S-5

Mr. Speaker, I want to thank the hon. member for his work on committee, but I have to say that I am extremely disappointed by the question. I was extremely disappointed to see Liberal members vote alongside the Conservatives to take out the only reference to tailings ponds in this entire piece of legislation. This is an issue that is impacting indigenous communities right now, and the fact that the government has decided that it does not want the words “tailings ponds” in CEPA is egregious, in my opinion. Honestly, I hope that the members in the House are listening. I hope that they will take the time to listen to indigenous communities who are impacted by the toxic pollution from tailings ponds and that they will reverse this decision and vote in favour of the report stage amendment to put the words “tailings ponds” back into CEPA.

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Ms. Elizabeth May (Saanich—Gulf Islands, GP)

May/3/23 4:22:30 p.m.
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Re: Bill S-5

Mr. Speaker, I want to thank the hon. member for Victoria for voting, in committee, for a number of the over 24 amendments that the Green Party tried to put forward. We worked on Bill S-5 from mid-December right through to March. All those good amendments were defeated, as were the many good amendments that had been brought forward by the Senate. By the way, I cannot vote for this legislation. We are asked to believe that the legislation is so important, but the government knows it is flawed; if we just wait a minute, any minute now, the Liberal government will bring forward a new version of amendments to the Canadian Environmental Protection Act. Nobody has touched this act for 20 years. It stretches credulity to the breaking point. Has my hon. colleague from Victoria seen any evidence that there is a likelihood of any new legislation from the government on the various sections of the Canadian Environmental Protection Act that were not touched in this amendment review?

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Ms. Laurel Collins

May/3/23 4:23:37 p.m.
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Re: Bill S-5

Mr. Speaker, I want to thank the member for her diligent work in committee in attempting to strengthen this piece of legislation. The answer is no. If the government were serious about actually amending the pieces, especially section 22 on enforcement of the right to a healthy environment, it would have done it this time. This is a critical piece, which it did not allow us to open up. I do not think it would do to argue for any other well-known bill that the government will be putting it forward now, but we should not worry because another bill will be put forward in a few months or years. We know that it took 24 years for this iteration, this update. It has been years and years of advocacy to get to this point where we can modernize CEPA. It stretches the imagination to think that it is going to table a comprehensive “CEPA 2” bill in this Parliament. I do not believe it, but I think it is critical that we start pushing the government to do this work.

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Ms. Elizabeth May (Saanich—Gulf Islands, GP)

May/3/23 4:25:08 p.m.
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Re: Bill S-5

Mr. Speaker, I want to start with the matter before us right now and hope that members will decide to support the amendments that have been put forward in today's debate at report stage. My hon. colleague, the member for Victoria, has just walked through some of them. I want to stress that it is important to vote in favour of the reasoned NDP amendment put forward by the hon. member for Victoria, which is to restore a change that was made in the Senate. Anyone watching this could be confused. Are changes made in the Senate? Are they going back to the Senate? What is going on here? This is a fundamental concern I have about the bill. The Minister of Environment had the amendments to the Canadian Environmental Protection Act put forward in the previous Parliament, in June 2021. This was when the Liberal government was pretty sure it was going to bring itself down and have a snap election in midsummer. Therefore, it was put on the Order Paper with no intention of really pursuing it. However, this did give people, environmental law groups and others a chance to read it and say that there is more that needs to be done here. There were a lot of efforts in that regard, to which I will refer later. We got back from the election, and there was nothing on the Order Paper for the long-promised amendments to the Canadian Environmental Protection Act. Therefore, the minister and the Liberal machinery for putting forward legislation decided they ought to start this one in the Senate. Why was this? It was because it was not such an important bill to the Liberal Party that they would start it in the House. It could not get House time, so it was started in the Senate. Then there was this convoluted process. The Senate worked hard. By the way, having worked on this bill, the Senate sent a letter to the House that said it could not get to some of the key amendments it really needed to make, particularly to make the right to a healthy environment enforceable. This is outside the scope of the bill. What does that mean to people who might be watching this and wondering why I would be voting against the Canadian Environmental Protection Act amendments? In order to make the right to a healthy environment enforceable, one would have needed to open up section 22, which is the section of CEPA that deals with enforcement. That was not before the Senate as a possible place for an amendment any more than it was before the House of Commons environment committee. This is because section 22 has never been used, in the entire long history of this act; it is unusable. We really needed to open that up. Those were the many amendments made in the Senate. The Senate then said there were some things that really needed to be changed that it could not get at. However, the Senate succeeded in amending this bill to say that we have to pay attention to tailings ponds; that point was then deleted by the House of Commons environment committee. This is why the hon. member for Victoria has put forward the amendment that we find in Motion No. 1 before us today. The amendment to clause 9 that was made in committee restores what had been done in the Senate. I know the procedural path here is a bit circuitous. I have brought forward amendments, and I want to credit those groups that did the work on them. Nature Canada, the Canadian Environmental Law Association and a number of other groups wanted to see meaningful public participation in this legislation. In order to make sure of this, the amendments put forward at report stage changed the bill substantially. In terms of language, we move away from saying what the bill says now, which is that there will be a consultation with interested parties. “Interested parties” has a particular meaning in law, which might not be the public or necessarily scientists. It would not be indigenous people. The amendment is a compromise. I want to stress that this is a compromise from what we wanted or what we hoped to get at report stage, which is to allow that when there is a decision to genetically modify a living organism, indigenous knowledge is an important component to looking at that kind of a decision. That is the first amendment. For instance, we have had genetic modification of salmon in this country. We are the only country in the world, by the way, that allows genetic modification of a fish that is intended for human consumption. Pacific salmon are sacred to indigenous peoples in the territories I represent. The second amendment deals with the processes for considering indigenous knowledge and scientific information. It is really important that we identify where the barriers to this kind of thing lie. Some of them, unfortunately, are in the advice the minister received from people within Environment Canada. This should be a process with significant public participation. However, there is a counter-argument from John Moffett, who is the senior Environment Canada expert in this area. In the evidence given to the Standing Committee on Environment and Sustainable Development on February 16, John Moffett said, “This is not a public participation process. This is a science-based process.” That would all be very well and good if scientists could also intervene at this point, but it is not clear they can. To say this is not a public process flies in the face of commitments Liberals have made that there will be public participation, there will be indigenous knowledge and we will listen to scientists. Before my time expires to speak to the rest of the bill, I really urge members on all sides of the House to give favourable consideration to these three amendments at report stage. They will substantially increase the chance that we will have meaningful public participation, including incorporating indigenous knowledge into the bill. I am going to go through the deep disappointment I feel in Bill S-5. It is tragic, really. Members may believe it or not, but I worked on this bill before first reading in 1988. I know I do not look old enough for this to be true, or at least I would like to believe that. I worked on this bill in 1988, when it was brought forward in the time of the Mulroney government. A majority Progressive Conservative government brought forward the Canadian Environmental Protection Act. It brought together many disparate pieces of legislation, including the ocean dumping act and the air quality act, and it created part 5, which is all we are really dealing with here today. We are dealing with part 5 of the original Canadian Environmental Protection Act, on toxic substances. We are not dealing with part 6, which we should, to modernize genetically modified organisms and how we regulate them. We are not dealing with the parts on the ocean dumping act, which are crying out for amendments. We have a lot going on right now with our ports with cruise ships. We know we are going to hear the trumpets, the horns and the hallelujahs that we have put a right to a healthy environment into this bill. What kind of a right is it if it is not enforceable? A non-enforceable right is a bumper sticker. It is good to have in the bill, and people can point to it and say it is improvement; however, it is not a right if we cannot enforce it. The deep disappointment gets deeper when we look at the changes to the schedule for toxic chemicals. The Canadian Environmental Law Association talked of this in its briefs. I agree with it, having worked on this legislation for longer than I care to mention. This bill survived constitutional challenge in the Hydro-Québec case in the 1990s in the Supreme Court of Canada because it focused on toxic chemicals as a health issue and because the Minister of Health and the Minister of Environment jointly administer this act. Therefore, it was seen as a legitimate exercise of federal jurisdiction. Why would it be changed now? That would be thanks to the lobbying of the plastics industry, which did not like the idea that its products could be described as toxic. We know that, for many decades now, courts have understood the concept of “CEPA toxic”, the Canadian Environmental Protection Act's version of toxic. This means that in adequate amounts and sufficient quantities in the environment, something is a threat to the environment and human health. It does not mean that if someone picks up a piece of plastic, they are going to poison themselves. It means that the enormous amounts of plastics we dump into the environment are a threat to our environment on a planetary scale. To help the plastics industry with a potential reputational public relations problem, this bill weakens the constitutional foundations of the act. I am unable to support a bill that takes any risk with the constitutional underpinnings of the act to help an industry out with a public relations problem. There is also the elimination of key sections of the original CEPA. Actually, the virtual elimination piece came in later, after the first passage of the act in 1990, and so on. We have had a lot of improvements to this act over the years, but Bill S-5 is not one of them.

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Mr. Lloyd Longfield (Guelph, Lib.)

May/3/23 4:35:21 p.m.
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Re: Bill S-5

Mr. Speaker, I thank the hon. member down the way for her intervention and for coming to the environment committee to take part in some of our discussions. Some of those discussions were centred around the Senate amendments. She mentioned clause 9, and I think proposed paragraph 46(1)(k.3) mentions the tailings ponds, which is included in our legislation. We are also including multiple chemicals from different sources that can add to the cumulative effects on vulnerable populations, which again would apply to situations such as we have in Kearl in the tailings ponds. The bill as written, and amended by the committee, is now covering situations around tailings ponds, which can be detrimental to human health. Could the hon. member provide her thoughts on the watch-list we have created and the management of it?

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Ms. Elizabeth May

May/3/23 4:36:14 p.m.
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Re: Bill S-5

Mr. Speaker, I have to start by saying that the member for Guelph thanked me for coming to the environment committee. I was coerced into being at the environment committee. I am not allowed to be a member of the committee. The motions passed in every committee in this place give me 48-hours notice to submit all my amendments to the committee for clause-by-clause, but I am not allowed to participate. I am not allowed to move my own amendments, so they are deemed to have been moved. This is not an opportunity I have ever sought because, if not for the motions passed in every committee, I would have a right today, right now, to submit all of my amendments to the committee, argue them out and discuss them here at report stage. We would then have to vote on them. That is why Stephen Harper's PMO invented this motion, which every committee passes without thinking about the fact that the party in the House that has the least procedural fairness in the one right we have to put forward substantive amendments at report stage, had that right reduced because we knew how to use it. The watch-list is a small improvement within an act that, overall, reduces the effectiveness of the Canadian Environmental Protection Act in a way for which the only word I can use to describe it is tragic.

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Ms. Monique Pauzé (Repentigny, BQ)

May/3/23 4:37:39 p.m.
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Re: Bill S-5

Mr. Speaker, I must say that I truly share the frustration of the member for Saanich—Gulf Islands. When our party was not recognized, we could not move our amendments in committee either. Instead of asking a question, I would like to make a statement. I must commend the member for Saanich—Gulf Islands for the excellent work that she has done and was able to deliver to the Standing Committee on the Environment. I also want to acknowledge the work of Nature Canada, an environmental protection association that is almost always one step ahead of us. Nature Canada put forward these amendments that we are discussing today, and the members for Victoria and Saanich—Gulf Islands are speaking on their behalf. I want to thank them. We, as members of Parliament, are generalists and we need these experts, these specialists, to inform our thinking and give us a better understanding of the issues.

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Ms. Elizabeth May

May/3/23 4:38:38 p.m.
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Re: Bill S-5

Mr. Speaker, I thank my dear colleague from Repentigny. I absolutely agree with what she said about NGOs like Nature Canada that have worked on the issue of genetically modified organisms, or GMOs. It is unbelievable to think that we now have the opportunity to make changes to part 6 of the bill in order to modernize the Canadian Environmental Protection Act, but that the government is choosing to do nothing. We could protect the public against risks related to GMOs in food. It is outrageous. We really need to try to amend the Canadian Environmental Protection Act with regard to the management of toxic substances in order to protect Canadians from big corporations that are a danger to our environment and human health.

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Ms. Laurel Collins (Victoria, NDP)

May/3/23 4:39:54 p.m.
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Re: Bill S-5

Mr. Speaker, I want to follow up on the amendments the member put forward at report stage, in particular, the work of Nature Canada and the criticisms to the language of interested parties when it comes to public consultation, how important it is that we have public consultation, and how problematic that particular language is.

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Ms. Elizabeth May

May/3/23 4:40:18 p.m.
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Re: Bill S-5

Mr. Speaker, relying on my previous work as a practising lawyer, the words “interested parties” definitely mean the chemical industry would be an interested party. They do not mean Nature Canada would automatically be an interested party.

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Mr. Terry Duguid (Parliamentary Secretary to the Minister of Environment and Climate Change, Lib.)

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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Ms. Heather McPherson (Edmonton Strathcona, NDP)

May/3/23 4:50:25 p.m.
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Re: Bill S-5

Mr. Speaker, this is the Canadian Environmental Protection Act, and I appreciate that there has been some work done on this bill to make it stronger and very much appreciate the work that my colleague from Victoria has done on this bill. However, as I have been sitting on the committee listening to the testimony on the Kearl mine spill in northern Alberta, I have been listening to horrific testimony from indigenous leaders on what this has meant in their communities. I wonder if the member could tell me how on earth he can look those people in the eye and explain to them that tailings ponds would not be protected under the Canadian Environmental Protection Act and that the water and land in their communities, where they fish, hunt and live with their families, are not worthy of being protected under the Canadian Environmental Protection Act. How on earth can Liberal members stand and say that tailings ponds do not deserve any sort of environmental protection through this act? It baffles the mind, and I certainly am not comfortable going back to those people and telling them that the government does not care about the environment they live and breath in.

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Mr. Terry Duguid

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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Mr. Jeremy Patzer (Cypress Hills—Grasslands, CPC)

May/3/23 4:52:43 p.m.
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Re: Bill S-5

Mr. Speaker, there is a certain substance out there called penta. It has a much longer scientific name attached to it. In essence, it is used to treat utility poles. This substance is being phased out, but the government has not approved a substitute for it yet. As I understand it, if it is going to eliminate something, it is supposed to implement something else to be a replacement for it, yet the government has not done that. The problem with that is it becomes a health and safety issue for people who are working on utility poles. I am wondering why the government has not bothered to approve a new substance that could be used in place of penta, even though it has forced these companies to no longer use it?

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Mr. Terry Duguid

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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Ms. Monique Pauzé (Repentigny, BQ)

May/3/23 4:54:12 p.m.
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Re: Bill S-5

Madam Speaker, it is difficult to be brief when talking about an issue like this. We had a wonderful opportunity to demand action on air pollution and the labelling of hazardous substances in consumer products. In his speech, my colleague referred to the European Union. Let us look at the example of GMO labelling. The European Union is light years ahead of Canada. Even the United States is beginning to require and tighten regulations. Why did we not take advantage of the opportunity presented by Bill S‑5 to help Canada catch up with the other countries that are really far ahead of us?

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Mr. Terry Duguid

May/3/23 4:54:56 p.m.
Watch
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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