44th Parl. 1st Sess.
May 29, 2023 11:00AM
- May/29/23 12:03:56 p.m.
- Watch
- Re: Bill S-5
Mr. Speaker, I am pleased to rise in the House today to speak to Bill S-5, strengthening environmental protection for a healthier Canada act.
Due to the vital work of parliamentarians, Bill S-5 has progressed steadily and it is now a stronger bill because of the parliamentary process and remarkable collaboration among partners, stakeholders and the public.
The government supports this bill and urges members in both chambers to pass it. The bill has reached a critical juncture. We must now turn our attention to ensuring the bill, as amended, receives royal assent without delay so that the government can get on with the very important work of implementing it in co-operation with partners, stakeholders and the public.
With this goal in mind, we wish to address some concerns raised during debates over the last couple of weeks. In particular, I refer to comments regarding the scope of information-gathering powers under CEPA, as well as the framework for assessing new living organisms under part 6 of the act.
The hon. member for Victoria spoke at length about tailings ponds and moved an amendment at report stage to restore amendments adopted in the other place that added explicit references to hydraulic fracturing and tailings ponds to the non-exhaustive list of information that the Minister of Environment and Climate Change can compel.
The ENVI committee reversed this amendment, removing the explicit references to hydraulic fracturing and tailings ponds, and the government was supportive. I will briefly explain the rationale behind the government's initial position on that change and then explain why the government ultimately decided to support the hon. member for Victoria's motion to reinstate the language regarding hydraulic fracturing and tailings ponds.
Section 46 of CEPA, the provision in question, gives the minister broad authority to compel others to provide information about substances and activities for various purposes, such as conducting research, creating an inventory of data, issuing guidelines, and assessing and reporting on the state of the environment. This is a very broad information-gathering authority and it provides the basis for the department's national pollutant release inventory, NPRI.
The NPRI tracks over 320 pollutants from over 7,000 facilities across Canada, specifically in relation to tailings and waste rock. Facilities must report the quantity and concentration of NPRI substances disposed of in tailings or waste rock management areas on site, or sent to another facility for disposal in such areas.
Section 46 is already being used to compel persons to report information regarding the use of tailings ponds, and Environment and Climate Change Canada then publicly reports this information through the NPRI.
With respect to hydraulic fracturing, the NPRI also captures underground releases from certain in situ oil sands operations and the department provides guidance to facilities on how to report substances that are injected underground.
As introduced, Bill S-5 proposed to broaden the information-gathering power in section 46 by adding a new paragraph directed at activities that may contribute to pollution. Without question, such activities would include hydraulic fracturing and the use of tailings ponds, so adding additional explicit references to tailings ponds and hydraulic fracturing under section 46 of CEPA was not necessary for the minister to compel, collect and report information on these activities. I realize this is really getting in the weeds.
That said, recent events in Alberta underscore the importance of understanding the risks to the environment and human health from tailings ponds. Although adding specific references to hydraulic fracturing and tailings ponds to the bill would not, in and of itself, address the potential environmental and health risks associated with these activities, this change would make explicit that the government has the authority to compel, and does collect and report information related to tailings ponds. That is why this government supported the hon. member for Victoria's motion.
What else is this government doing to effectively reduce these risks?
Since the federal government was made aware of the seepage incident at the Kearl oil sands mine, we have been working to get to the bottom of it, support indigenous communities and collaborate on improving the reporting system for these kinds of incidents. We hear loud and clear the concerns being expressed by indigenous communities regarding the management of the tailings and the potential impacts on the local environment and communities. We have been in continuous contact with these folks.
In April, the minister sent letters to indigenous leaders about a new notification and monitoring working group, which would include the federal and provincial governments, indigenous communities and the Government of Northwest Territories, which is downstream. Northern indigenous communities will also be kept well informed and engaged. We are proposing a governance structure that includes co-chairs, with representation from the federal and provincial governments and indigenous communities. From the federal perspective, an enhanced communication protocol must be developed to improve notification at all steps in the notification process in cases of future environmental emergencies.
Environment and Climate Change Canada enforcement officials have also been very active on the ground. Just the other week, the department's enforcement branch opened up an investigation into a suspected contravention of subsection 36(3) of the Fisheries Act at Imperial Oil Limited's Kearl oil sands site. Subsection 36(3) of the Fisheries Act prohibits the deposit of a deleterious substance into water frequented by fish or in any place where the deleterious substance may enter such water.
Environment and Climate Change Canada enforcement officers and environmental emergencies officers have carried out inspections at the site since they became aware of the incident on February 7, 2023. In addition to the investigation, officers will continue to monitor the mitigation measures taken by Imperial Oil Limited to prevent impacts to fish-bearing water, as required by the Fisheries Act direction issued by Environment and Climate Change Canada enforcement on March 10, 2023.
This brings me to a very important point: Tailings ponds and, indeed, many other activities that pose risks to environmental or human health are not necessarily issues that can be exclusively addressed under CEPA. While CEPA is a large act that deals with many topics, it is not always the most appropriate act for addressing every issue or risk. In certain cases, it would be more efficient and effective to manage risks under another federal act that is best placed or specifically tailored for addressing those risks. It is for this reason that Bill S-5 proposes amendments that provide the flexibility to meet risk-management obligations under CEPA using other federal acts, including those for which another minister is responsible, like the Fisheries Act.
I wish to address concerns expressed by the hon. member for Saanich—Gulf Islands regarding the amendments to part 6 of the act and clarify a couple of things regarding the new proposed approach to public participation under this part.
Part 6 of the act deals with products of biotechnology, also known as living organisms, and provides for a robust framework for the assessment and management of risks associated with new living organisms. As introduced, Bill S-5 did not propose any amendments to this framework. However, thanks to the important contributions of stakeholders such as Nature Canada and others throughout the parliamentary process, amendments were adopted to part 6 that, if passed, would require that the Minister of Environment and Climate Change and my colleague the Minister of Health consult with interested persons when assessing new living organisms that are vertebrate animals, such as AquaBounty and AquAdvantage salmon, as well as other organisms that may be prescribed by regulation.
During the report stage debates, the hon. member for Saanich—Gulf Islands suggested that the term “interested persons” had a specific meaning, namely that it would preclude the participation of indigenous peoples, scientists and the public in the assessment process. That is not at all the case. Quite to the contrary, this amendment is intentionally broad to ensure that everyone can participate. In fact, “interested persons” is the exact same language in the provision of this bill that requires the Minister of Health and I to consult on the implementation framework for the right to a healthy environment.
Coming back to the amendments to part 6 adopted by the ENVI committee, there is also a requirement to publish a notice of consultation before undertaking the consultations themselves. This notice would be publicly accessible and would serve the purpose of allowing interested persons, including indigenous peoples, scientists and members of the public, to identify themselves so they can participate accordingly. This requirement to publish a notice of consultation was absent from the proposal moved by the hon. member for Saanich—Gulf Islands. For that and other reasons, the government could not support it.
Lastly, on the topic of part 6, it is important to note that much of the act is implemented through regulations, specifically the new substances notification regulations for organisms, or NSNRO, a particular aspect of the regulations. These regulations set out the details of how new living organisms are assessed and managed.
In October of last year, the government published a discussion paper and launched consultations on the modernization of these regulations. The discussion paper highlighted themes of increasing openness and transparency, and responding to advances in science and technology. These are key components of this regulatory review exercise, and the new statutory requirement to consult under CEPA will be an important complement to this work.
I encourage stakeholders interested in the framework for assessing new living organisms under part 6 of CEPA to participate in the regulatory review process for the new substances notification regulations. After considering comments received, the government will make recommendations for amending the regulations and will invite additional feedback.
I would like to reiterate that the government appreciates the work of the members of the Senate ENEV and House ENVI committees to strengthen this bill and ensure that it will make a difference in the lives of Canadians. The government urges our colleagues in the other place to accept the amendments made by the elected officials in this chamber and send this bill to receive royal assent without delay. Only then can the government get to work putting these important changes into practice.
Once this bill comes into force, we will begin a range of regulatory and implementation initiatives. The two main initiatives will involve developing both the implementation framework for a right to a healthy environment and the plan of chemicals management priorities.
Within two years of coming into force, the Minister of Environment and Climate Change will develop an implementation framework with the Minister of Health to set out how the right to a healthy environment will be considered in the administration of CEPA. There will be opportunities for the public to participate in the development of the implementation framework, and progress on the framework's implementation will be documented annually in the CEPA annual report. We also need to develop and implement the plan of chemicals management priorities, also within two years of royal assent. Stakeholders and partners will be consulted as part of the plan's development.
Animal testing was a major theme throughout the parliamentary process. The government remains committed to taking steps toward replacing and reducing reliance on vertebrate animal testing. The government will continue to work with industry, academia and our international partners to develop and evaluate non-animal methods. Through Bill S-5, the plan of chemicals management priorities will include a strategy to promote the development and use of methods not involving the use of vertebrate animals.
Beyond these two key implementation deliverables, additional regulatory and implementation activities will be needed to operationalize remaining amendments, which will modernize Canada's approach to chemicals management. For example, regulations will need to be developed to define the properties and characteristics of the new subset of toxic substances that pose the highest risk. There will be opportunities for stakeholder input throughout the regulatory process.
The government will also work on developing policies and guidance for publishing and maintaining the watch-list and for facilitating a more open and transparent confidential business information regime. Similarly, policies and guidance will be developed to flesh out the process for the public to request the assessment of a substance. Finally, the government will continue to work on developing a broad labelling and supply chain transparency strategy, expected to be published later this year.
In closing, I urge all members of this House and the other place to vote for strengthened environmental protection and for a healthier Canada for all Canadians by supporting Bill S-5.
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