(Response to question raised by the Honourable Brian Francis on April 5, 2022)

The Government of Canada has supported the sector through the $28 million Surplus Potato Management Response plan. Business risk management programs such as AgriInsurance, AgriStability, and AgriInvest also remain available to potato producers to manage business risks. A producer with an AgriInvest account may also draw upon funds to support a transition to other crops.

As an additional tool to enhance compliance restrictions and reduce the risk of spreading potato wart, Prince Edward Island producers who are required to dispose of their seed potatoes may be eligible for compensation under the Potato Wart Compensation Regulations if they meet the eligibility criteria provided in the regulations. A grower can submit their compensation application once disposal of potatoes is verified.

Details on the compensation application process for seed potato growers were shared at a meeting held by the Government of Canada on April 22, 2022. The Government of Canada is scheduled to meet with P.E.I. growers on June 16, 2022, to further discuss this topic.

(Response to question raised by the Honourable Stan Kutcher on April 26, 2022)

The federal health portfolio, in collaboration with various partners, is addressing the issue of post-COVID-19 conditions through investments in research and surveillance, sharing of the latest scientific evidence and the development of information and guidelines to support affected health professionals and Canadians.

The Public Health Agency of Canada (PHAC) is collaborating with paediatricians across Canada and with the Canadian Paediatric Society (CPS), who works closely with various countries through the International Network of Paediatric Surveillance Units on a surveillance study of post-COVID-19 conditions. PHAC is also collaborating with the United Kingdom National Institute for Health and Care Excellence to share evidence and preferred practices, and with impacted Canadians to inform the development of evidence-based guidelines and tools. Through Budget 2022, PHAC committed approximately $17 million in the development of these tools for health professionals and citizens. The Canadian Institutes of Health Research (CIHR) has invested over $410 million to fund targeted short- and long-term research studies on post-COVID-19 conditions that span biomedical, clinical, health systems and services and population health topics.

Additionally, the federal government will be part of discussions regarding international cooperation in addressing this issue at the G7 Science Ministers meeting in June 2022.

(Response to question raised by the Honourable Mary Coyle on May 10, 2022)

Infrastructure Canada (INFC) is committed to continuous improvement of all of its infrastructure programs and tools, including the Climate Lens.

INFC is developing a detailed action plan for implementation of its responses to the recommendations in the commissioner’s report. INFC is continuing to improve the Climate Lens by integrating climate considerations directly into project applications, enhancing its review process of climate outcomes, and developing user-friendly guidance for applicants, including sector-specific guidance.

These actions will start as soon as this summer, with the publication of sector-specific guidance and documentation of the internal review process in more detail.

As new programs are developed, INFC will continue to integrate clear requirements to provide information on greenhouse gas (GHG) emissions and resilience outcomes in the program application process.

The commissioner’s report highlighted some very positive progress that has been made under the Green and Inclusive Community Buildings (GICB) Program. This includes the integration of clear requirements to provide information on GHG emissions and resilience outcomes, and the requirement to use a standardized tool to estimate energy savings and GHG emissions reductions.

The Hon. the Speaker: All those senators in the chamber who are opposed to the motion will please say, “nay.”

The Hon. the Speaker: I’m sorry, Senator Galvez, it is now six o’clock. I apologize, but I have to interrupt you.

Pursuant to rule 3-3(1), I’m required to leave the chair and suspend until eight o’clock unless it’s agreed that we not suspend. If you wish the sitting to be suspended, please say “suspend.”

The Hon. the Speaker: Senator Kutcher, will you take a question?

Senator Kutcher: Absolutely.

The Hon. the Speaker: I see two senators rising. Do we have agreement on a bell?

The Hon. the Speaker: In my opinion, the “nays” have it.

And two honourable senators having risen:

Hon. Peter M. Boehm: I do have a question, Your Honour.

Senator Lankin: Thank you for all your work on this. I applaud anyone who takes on sponsoring the budget implementation act. I do share the opinion that was just offered about omnibus legislation, but I am also aware that in a minority Parliament time is always at a premium.

I want to come back to the question about clean drinking water in First Nations. I’m sure it was the way I heard this, and I was concerned when I heard you say that the government was working to help First Nations to, for example, learn about the environment and the connection with clean water — I know you agree with me that government has much to learn from First Nations on that point — but when you went on and talked about a few other things, I see that as capacity building. For some communities that is a requirement, and the resources to do that have to be there. For ongoing sustainability of the systems — maintenance upgrades, new technology et cetera — the resources have to be there.

Would you just deconstruct for me the budget provisions themselves and how they will enable these last 30-odd more difficult cases to be resolved in short order?

Senator Moncion: Thank you for the question. It’s a good question. By repealing the Safe Drinking Water for First Nations Act, it gives more powers to the First Nations to take ownership and to have more freedom to work within their communities to resolve the water problems. I think it is more in that aspect, and the government keeps working with the communities to find solutions.

Being from the North, I will give you the example of the reserve in Kashechewan, which is in northern Ontario, and which has been a difficult situation to resolve because of the yearly debacle of the river and the water system that is not viable because of the location. When you are in Ottawa, you don’t necessarily know all about what is going on in a community and when the government is working with the First Nation.

I understand when you talk about capacity building, and I think the water solution is a larger one than just putting in a system and hoping that the system is going to work. It is capacity and community building. It is working with First Nations, giving them the freedom to work and find solutions and working with government.

I want to apologize to my First Nations colleagues because I might not be answering this question in the best way, but I’m doing my best to try.

Hon. Frances Lankin: Senator Moncion, would you accept another question?

Senator Moncion: With pleasure.

The Hon. the Speaker: Honourable senators, today we pay tribute to three more of our dedicated Senate pages who will be leaving us this summer.

Nonso Morah is honoured to have had the opportunity to represent the province of Alberta within the Senate Page Program this year. She is looking forward to starting her second year at the University of Ottawa, studying Conflict Studies and Human Rights in both official languages, with a minor in Creative Writing. Nonso looks forward to pursuing new challenges and working in the service of her community. She says she will forever cherish her time as a page and is grateful to all who contributed to making it such an incredible experience.

On behalf of all senators, thank you, Nonso, for your dedication.

Senator Housakos: Senator Gold, the RCMP has been very clear in their claims in this investigation. The only people refuting them are the government talking points that you are spewing here today.

If your government really wants us to believe that you are putting the interests of Canadians — in particular, the families of victims in Nova Scotia — ahead of the Trudeau government’s political interests, you would have already agreed to the emergency debate on the accusations revealed yesterday regarding the RCMP commissioner. Instead, your government has moved to have Parliament remain at half efficiency for yet another year as a response.

Senator Gold, I know you came to this place in the spirit of independence. I know you have an open mind, and somehow now you have found yourself as a member of Privy Council representing a government that has proven to be hyperpartisan.

Don’t you think the people of Nova Scotia deserve better? Don’t you think the victims’ families deserve answers to these important questions?

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, my next question again is for the government leader. Leader, La Presse reported yesterday that Minister Sajjan, the Minister of International Development and Minister responsible for the Pacific Economic Development Agency of Canada, sought an exemption from having to go through security in our airports. This exemption, leader, is reserved for the Prime Minister of Canada and his immediate family, the Governor General of Canada and the Chief Justice of the Supreme Court of Canada.

Leader, after Transport Canada initially refused Minister Sajjan’s request, he tried again and was successful. Your government has apparently given him a partial exemption from airport security measures that countless other Canadians — you and I — have to go through.

Could you tell us why? How many other Trudeau cabinet ministers are now going to ask for the same exemption?

Hon. Sabi Marwah: Honourable senators, it is not often that a Canadian institution is ranked as best in the world, yet that just happened when Newsweek magazine named the Hospital for Sick Children, or SickKids, as it is commonly referred to, as the top pediatric health centre globally.

The Hospital for Sick Children is Canada’s most research-intensive hospital and the largest centre dedicated to improving children’s health in this country. It is also a hospital of firsts — first in discoveries, first-of-its-kind treatments and first in innovations.

About 18 months ago, SickKids performed another first. A young girl named Ellie with a rare genetic condition had persistent self-injurious behaviour that was causing her significant harm. Her doctors at SickKids used deep brain stimulation to almost eliminate those behaviours, and today, Ellie is thriving.

The past two years of COVID have tested the hospital in new and profound ways. SickKids played a key role in COVID child vaccination efforts in Ontario. It supported adult-care hospital partners by accepting adult patients for the first time in its history. It implemented PCR school-testing programs, advised governments and assisted community on COVID matters and accelerated its virtual care offerings to ensure its children continued to receive the care they needed.

Despite COVID, SickKids continued its pioneering work on precision child health, which will shift it from a one-size-fits-all approach to medicine to health care that is individualized to each patient’s unique needs.

A mental health strategy was developed that will help SickKids achieve unprecedented outcomes in children and youth mental health through collaborations, innovations and partnerships. It could not have come at a better time, given the mental health impacts on children and youth. An organization-wide equity, diversity and inclusion strategy, or EDI strategy, was launched that provides a path of critical inclusion of diverse people and communities across SickKids care, research and education initiatives so that everyone can feel acknowledged, valued and respected.

Colleagues, the Newsweek ranking is a testament to the extraordinary nurses, doctors, researchers and staff of SickKids who have shown continual resilience, innovation, commitment and a willingness to go above and beyond to carry out their mission while keeping patients, families and staff safe.

I know this first-hand because I had the privilege to serve on their board of trustees for a decade.

Congratulations to SickKids on being named the top children’s hospital in the world, and thank you for all you do for children and families across Canada and around the world. Thank you.

Hon. Senators: Hear, hear!

[Translation]

Hon. Tony Loffreda: Honourable senators, my question is for the Government Representative in the Senate.

Once again, Senator Gold, my question is on minority rights. They are so important, not only in Quebec, but across Canada. Today, I want to address Bill 21 which infringes on the civil liberties of Quebecers. Many religious and ethnic communities in Quebec continue to feel their rights have been eroded. As you know, the law is currently being challenged before the provincial courts.

Last December, in an answer to a question from Senator Omidvar, you said:

. . . The Government of Canada remains committed to following the litigation closely and will take whatever decisions are deemed appropriate at the appropriate time.

Senator Gold, some might argue the appropriate time was a long time ago. When will the government take a strong stand on this bill and start defending the rights of minorities in our province? What is your definition of the appropriate time?

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, as we approach Canada Day and the end of the parliamentary session, I want to take the opportunity to say a few words about our great country.

As Canadians, we are blessed to live in one of the freest and safest nations on Earth. We have much to be proud of and grateful for. As a beacon of hope, democracy, opportunity and liberty, Canada has attracted millions of people from around the world, who came here to make this country their home. Every year, hundreds of thousands of newcomers are welcome with open arms to join our growing Canadian family and way of life.

This Canadian way of life is one that is rooted in a distinct set of values: prosperity, security, hard work, opportunity, free enterprise, human rights, community and compassion, to just name a few. But the most foundational principle of this great country is, without a doubt, freedom, for without freedom, none of the other things I just mentioned would be possible.

The last few years have been difficult for everyone. Faced with challenging times brought on by a pandemic, Canadians have been divided, isolated and often pushed to the limit. Governments have repeatedly tried to restrict our freedom, yet I believe the adversity we have faced will only strengthen our resilience and make us an even better country. In spite of governments’ best efforts to divide us and turn us against each other, I believe Canadians will emerge more united than ever — with one another, their families, their friends and fellow Canadians.

Our governments have also tried to use the pandemic as a means of getting rid of proper accountability and diminishing the role of parliamentary oversight. That needs to end. The hybrid Parliament needs to end. Canadians expect us to ensure proper parliamentary oversight, which is our role and our duty to them.

As Canadians, we must never forget that the freedoms we enjoy every day cannot be taken for granted nor are they free; our freedoms came at a very costly price, paid for by men and women far braver than any of us, who sacrificed themselves in the fight against tyranny so that future generations could be free. It now falls upon us to guard that freedom and protect it for those who will follow us.

Canada is a great country worth celebrating, and it is my hope that we will do just that, not just this upcoming Canada Day but every day. Thank you.

Senator Gold: Thank you. I’m flattered and honoured to be in this position despite what some of my colleagues have said about the government that I represent.

But I’m neither the sponsor of the bill nor an expert, nor indeed even a member of the committee, even though I participated ex officio.

Senator Galvez, respectfully, I think that the question was asked — or should have been asked, if it wasn’t — to the officials in the course of the protracted and extensive study on the bill. I’m afraid I’m not in a position to answer that question in this setting.

Hon. Jane Cordy: Senator Gold, on May 20, after nearly a year of study, former Supreme Court Justice Louise Arbour released her report on the external review into sexual harassment and misconduct in the Canadian military. Her report consisted of 48 recommendations.

As you mentioned in this chamber to a question from Senator Coyle, Minister Anand committed to implementing 17 of those recommendations immediately.

My question concerns recommendation number 5 — which is not one of those 17 — which states that Criminal Code sexual offences should be removed from the jurisdiction of the Canadian Armed Forces and they should be prosecuted exclusively in civilian criminal courts in all cases. Senator Gold, could you let us know what is the hesitation to committing to this recommendation?

A similar recommendation came out of a previous 2015 study of sexual harassment and misconduct in the Canadian military. I’m just wondering what are the barriers for the transfer of the cases to civilian investigation and prosecution?

Hon. Stan Kutcher moved third reading of Bill S-5, 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, as amended.

He said: Honourable senators, I rise today to speak at third reading of Bill S-5, the “Strengthening Environmental Protection for a Healthier Canada Act,” which modernizes the Canadian Environmental Protection Act, or CEPA.

I would first like to acknowledge the work done by the members in this chamber of the Standing Senate Committee on Energy, Environment and Natural Resources as we studied this bill. A huge thank you is also owed to our staff: the clerk, analysts of the committee and all those whose support has brought us to this point.

I would also like to especially thank Senator Arnot, who kindly gave up his space on the Energy Committee for me, as sponsor of the bill, to participate. I congratulate him on having his first amendment to a piece of federal legislation accepted by the committee. It will not be his last, I’m sure.

When Minister Guilbeault, in his opening remarks at committee, invited the Senate to study and seek ways to improve this bill, senators took this to heart. You all heard about the number of amendments that were proposed to this bill from Senator Massicotte. We all discovered that modernizing an act as complex as CEPA is not an easy task.

As Senator Massicotte noted yesterday, the committee made a number of amendments to the bill. It also refused some amendments after vigorous debate and thoughtful deliberation. In my opinion, in these decisions around which amendments to accept and which to refuse, the committee exercised its due diligence — moving ahead on those areas it had comfort with and not moving ahead on areas that gave it discomfort.

Over the past two months, the committee heard from numerous witnesses representing many and diverse perspectives. I acknowledge the interest and valuable input of all those who took the time to testify, to provide briefs and to reach out to discuss the many issues that arose during our committee work. The engagement of civil society and industry in our study of this bill illustrates the importance and value of our democratic process.

I am proud to support this bill as it has been amended, and I urge all senators to vote to adopt it and send it to the other place for their consideration.

CEPA is one of Canada’s core environmental laws. It protects the health of our people and our environment, largely by enabling federal action on a wide range of pollution sources.

Much has changed since its last significant update in 1999. The proposed amendments to CEPA, if passed, will strengthen the protection of Canadians and our environment, and will provide Canadians with an environmental protection law that confronts 21st-century issues with 21st-century science.

This bill proposes a number of changes to achieve this goal, which can be summarized in two major themes. First, Bill S-5 recognizes that every individual in Canada has a right to a healthy environment, as provided under the act.

To ensure that the right to a healthy environment is meaningful in the context of CEPA, this recognition is paired with a duty of the government to monitor and protect that right. How that will be operationalized will be elucidated in an implementation framework to be developed in collaboration with Canadians within two years of Royal Assent of this bill. That will explain how the right will be considered in the administration of the act.

With amendments that were made in committee, that implementation framework will, among other things, elaborate on principles such as environmental justice, which includes avoiding adverse effects that disproportionately affect vulnerable populations; intergenerational equity, which means meeting the needs of the present generation without compromising the ability of future generations to meet their needs; and non-regression, which means not rolling back environmental protection and continuously improving the health of the environment and of all Canadians. It was clear from the thoughtful discussions in committee that senators were keen to ensure that this right would be meaningful and the guidance on developing the implementation framework clear.

I think the bill reflects those considerations.

Second, this bill proposes to modernize Canada’s approach to chemicals management. It requires a new plan of chemicals-management priorities to give Canadians a predictable, multi‑year, integrated plan for the assessment of substances, as well as the activities and initiatives that support substances management. That includes, but is not limited to, information gathering, risk management, risk communications, research and monitoring. It also adds a mechanism for the public to request the assessment of a substance.

The bill sets out a workable regime for substances of the highest risk, which include persistent and bio-accumulative substances, as well as certain carcinogens, mutagens and substances that are toxic to reproduction. The bill requires that, when considering how to manage such substances, priority be given to prohibiting them.

The bill also reorients the act to additional considerations based on emerging concerns of Canadians and the growth of a robust and yet-developing scientific understanding of the impacts of cumulative effects of substances. It also extends its acknowledgement of the necessity to identify and protect vulnerable populations, and, as a result of the committee’s discussion, vulnerable environments.

The bill also now includes several provisions to avoid regrettable substitution. That means taking a substance which could be quite toxic to human health and putting it into commerce. The most important of these remains the watch list, which will give an early warning to industry of substances that, for example, are hazardous and may be determined to be CEPA‑toxic if exposure to them or their uses change.

The bill further eliminates duplication between acts and departments, and, if passed and if appropriate regulations are adopted, would remove the requirement to notify, assess and manage new drugs under two separate acts as is currently the case. For example, the Food and Drugs Act for the safety, efficacy and quality of a drug; and, concurrently, CEPA for the environmental risks of the drug’s ingredients. This would provide a more efficient and effective approach to assessing and managing the risks of drugs in Canada.

Finally, the bill increases transparency with changes to the confidential business information regime and now includes substantive requirements to accelerate efforts to replace, reduce and refine animal testing.

As someone who is familiar with the issues regarding the use of animals in health-related research, I am particularly pleased that the Senate amendments to this bill have moved the yardsticks toward the goal of eliminating animal testing of substances as soon as is scientifically possible.

As I mentioned previously, there was vigorous and thoughtful input from civil society and from industry during the committee’s study of this bill. We heard from over 35 witnesses and received numerous written submissions covering a wide swath of issues, items of concern and suggestions for changes. The committee heard from Indigenous organizations, industry organizations, non-governmental organizations, academic experts and individual Canadians, all of whom shared their opinions on the bill and CEPA reform in general.

We heard commentary on a variety of topics, including animal welfare, increasing transparency, public access to information and the assessment and management of toxic substances, among others.

We heard pleas for increased transparency and easier access to information provided under CEPA, confidential business information and modifications to the online CEPA Registry to make it more user-friendly.

We had calls for increased specificity in the risk assessment and risk management processes. We heard about some of the many long-standing hardships faced by Indigenous peoples in relation to pollution and the need take to heart the UN Declaration on the Rights of Indigenous Peoples as well as our constitutional duties and to ensure that the implementation of CEPA would be guided by these.

We heard about the need to “put the health of people and the environment first” and to ensure that vulnerable people and vulnerable environments would be top of mind, not bottom of the pile.

The committee adopted several amendments related to these topics. I will highlight three recurring themes in our discussions and address some of the adopted amendments that address those.

To begin, several amendments were made to better incorporate Indigenous rights and perspectives. Indigenous knowledge was explicitly recognized alongside current and emerging science.

The committee also addressed consultation and reporting requirements. New requirements were added to provide greater notice of actions and decisions under the act, and emphasis was added on the need for a searchable, electronic registry.

The committee added additional protections for vertebrate animals by including substantive provisions to the bill that go beyond the aspirational statement in its preamble and that reordered the three Rs — reduce, replace and refine — to reflect that the first priority is to replace entirely the use of vertebrate animals in toxicity testing. If that is yet not possible, then their use should be reduced and refined. That means attending to their welfare when used for testing.

Among other changes along this theme, the committee also adopted an amendment to require that the plan of chemicals management priorities include specific activities or initiatives to promote the development and implementation of alternative testing methods that do not involve the use of vertebrate animals. This will encourage the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances and is consistent with actions being taken by international partners such as the United States and the EU.

The committee also made a number of observations that I personally hope will drive the government to improve its ability to deliver on what this bill now demands.

Bill S-5 amendments have noted, for example, in section 44 that:

The Ministers shall conduct research, studies or monitoring activities to support the Government of Canada in protecting the right to a healthy environment. . . .

Another amendment replaces paragraph 45(a) with a new passage that requires the Minister of Health to “conduct research and studies, including biomonitoring surveys, relating to the role of substances in illnesses or in health problems.”

Unfortunately, honourable senators, as we heard from witness testimony, the government is not at this time able to provide the essential, robust and comprehensive biomonitoring, biobanking, ongoing longitudinal cohort studies and toxicogenomic analyses that are necessary to support what this bill promotes. Additionally, the committee learned that existing biomonitoring activities do not currently include an appropriate representation of Indigenous peoples. Both of these issues will need to be resolved, as without a robust and fulsome scientific capability in all the areas that I have mentioned, the promises that this bill makes for improved health for people and the environment will not be met.

Many Canadians will be watching to see how rapidly this need for enhancing our capacity to do this essential scientific work will develop and what funding and expectations for the development of this scientific capacity the other place can put into the bill to further promote this necessity.

I am proud to support this bill and urge all senators to vote to adopt it and to send it to the other place for consideration. This modernization of CEPA will be an important step for the Government of Canada toward the continued protection of people’s health and the environment, and I trust it will not be the last.

Many parts of CEPA were not modified as they were not within the scope of this bill, but we hope that in the not-too-distant future, as alluded to by Minister Guilbeault’s testimony before our committee, we will soon have a chance to address other parts of the act and continue to improve CEPA.

I look forward to following the debates on Bill S-5 in the other place, and I hope the revised and improved version of Bill S-5 which is before the Senate today will be adopted here and moved forward as expeditiously as possible.

Thank you, wela’lioq.