Hon. Stan Kutcher: Honourable senators, I rise today to speak to the concurrence of Bill S-5, which modernizes the Canadian Environmental Protection Act, CEPA.

When I last spoke to you regarding this bill, it was during third reading here in the Senate this time last year. The Senate Standing Committee on Energy, the Environment and Natural Resources had just reported it back with significant amendments that strengthened many aspects of the bill and, in some cases, introduced new elements into it. Similarly, our colleagues in the other place critically studied the bill and also strengthened it. The Senate and our colleagues in the other place have worked together to ensure the bill provides for a higher level of environmental and health protection for Canadians, especially those who are most at risk.

I am proud to support this bill and urge all senators to vote to adopt it, in the form passed by the other place, without delay. The government can then begin the important work of implementing it in collaboration with key partners, the public and stakeholders. I would like to address several areas which received significant attention during the Senate’s study of Bill S-5.

While discussion was not limited to these areas, it was evident that senators were concerned with the following: first, ensuring that the right to a healthy environment was meaningful; second, reducing reliance on animal testing; third, increasing openness and transparency; and last, but certainly not least, advancing Indigenous reconciliation.

The Senate also observed that for this bill to be operationally successful, the government needs to invest in building a more robust environmental research capacity in Canada so that the scientific work required to support the goals of the bill would be there to do that.

With regard to the right to a healthy environment, amendments adopted in the Senate replaced language around balancing the right with more familiar language of making the right “subject to any reasonable limits.” The implementation framework for the right must elaborate on these limits, as well as intergenerational equity and on the mechanisms needed to support the protection of that right.

Regarding the implementation framework — which, as you may recall, must be developed within two years of Royal Assent and set out how the right will be considered in the administration of the act — our colleagues in the other place made additional amendments, for example, to define the principle of intergenerational equity as meeting “the needs of the present generation without compromising the ability of future generations to meet their own needs” and to specify that a healthy environment means an environment that is “clean, healthy and sustainable.”

These valuable additions build on the work of senators and provide a clear direction for the implementation framework to expand upon. Amendments in both places will help ensure the right is meaningful to decision making under CEPA and that it will be developed in a way that provides greater certainty.

Another area where the Senate focused its attention was on reducing reliance on animal testing. The Senate Energy Committee added several new provisions aimed at replacing, reducing or refining the use of vertebrate animals in toxicity testing.

Our colleagues in the other place maintained the essence of these valuable amendments and made some minor adjustments to ensure these provisions can be implemented in a manner that reflects and accounts for the broader work under way across government on this important issue. For example, the plan of chemicals management priorities must include a strategy to promote the development and use of methods not involving the use of vertebrate animals. Our colleagues in the other place made amendments to clarify that this strategy may apply more broadly than CEPA and include activities and initiatives under other federal laws, such as the Food and Drugs Act, for example.

Since I last spoke to this, the government reaffirmed its commitment to end cosmetics testing on animals in the 2023 federal budget through amendments to the Food and Drugs Act tabled in Bill C-47, so that is something that could feature in this strategy.

Colleagues, the amendments to the bill on this matter clarify that the government’s priority is to replace vertebrate animal testing altogether as soon as practicable and where scientifically justified alternative methods are available. In cases where the science is not yet advanced enough to fully replace vertebrate animal testing, we would reduce the number of animals being tested as well as refine our testing methods to minimize the pain and suffering of these animals.

I will turn now to the plan of chemicals management priorities, which, as you will recall, is a key amendment in Bill S-5 and aims to modernize Canada’s approach to chemicals management. The Minister of Environment and Climate Change and the Minister of Health must develop this plan in consultation with stakeholders within two years of Royal Assent. It will set out a multi-year integrated plan for chemicals risk assessments, risk management actions, supporting research and information gathering, among other activities and initiatives.

Regarding this plan, amendments were adopted here in this chamber to clarify the advantages of class-based approaches to assessing chemicals, namely as a means of avoiding cases of “regrettable substitutions,” that is, where one chemical is banned, only to be replaced with another chemical — just as harmful or potentially worse. Class-based assessment approaches help mitigate against this, and I understand the government has recently published a draft report and proposed risk management options for a class of over 4,700 per- and polyfluoroalkyl substances, more commonly referred to as PFAS.

Our colleagues in the other place made some additional amendments to the plan, importantly, to require that it include reporting timelines and that it be reviewed every eight years.

Another major theme that has been considered in both chambers relates to increasing openness and transparency in respect of environmental and health protection. I am pleased to see that changes have been adopted here and in the other place to help achieve this under CEPA. Working together, we have created a more open and transparent regime for the treatment of confidential business information under the act. Here in the Senate we removed an exception provided for in the bill that could have been used to stand down the requirement for persons to substantiate their claims for confidentiality under the act.

Additional amendments were tabled, but not ultimately adopted here in the Senate. However, our colleagues in the other place picked up on some of these and adopted amendments of their own. These require that claimants justify their confidentiality requests based on Access to Information Act criteria and that the minister review and validate a statistically representative sample of confidentiality requests submitted under the act and report annually on the results of this work. These are important changes.

Lastly, we heard significant concerns in the Senate regarding the continued hardships Indigenous peoples experience with pollution as well as the need to consider obligations related to the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP, and the government’s commitment to reconciliation. I am proud to say that amendments were adopted here and confirmed in the other place to add references to “free, prior and informed consent” within the context of UNDRIP to confirm the role of Indigenous knowledge in decision making and to require annual reporting on the operation and administration of the Canadian Environmental Protection Act, or CEPA, in relation to Indigenous peoples and governments, which should incent a more holistic understanding of how reconciliation is advancing under all the programs enabled by CEPA.

Now, since I last addressed this chamber, there have been some unfortunate events at the Kearl oil sands mine in Alberta, which underscore the importance of amendments that were adopted by the Standing Senate Committee on Energy, the Environment and Natural Resources but were then undone during the committee stage in the other place. These amendments added explicit references to tailings ponds and hydraulic fracturing to the list of matters and activities in respect of which the Minister of Environment and Climate Change may collect and report information on. These changes would ensure that the minister could compel people to provide information regarding tailings ponds and hydraulic fracturing.

Honourable senators, I am pleased to announce that our colleagues in the other place had a sober second thought of their own on this important matter and voted to reinstate these amendments during report stage. As you will see, the version of the bill before you today will add these new paragraphs under subsection 46(1) of CEPA.

As I mentioned at the outset of my remarks, important work will start once Bill S-5 receives Royal Assent to ensure it is fully implemented. This work will include, among other things, developing the implementation framework for the right to a healthy environment under CEPA and developing a plan of chemicals management priorities in consultation with Canadians. Once this bill receives Royal Assent, the government will be in a position to advise partners, stakeholders and the public on how they can participate in these important processes.

However, more work needs to be done to ensure that Canada has the scientific research capacity needed to support these amendments to CEPA. Specifically, we need to substantially enhance our capacity for biomonitoring and toxicity assessment, including toxicogenomics. We need large, disaggregated and population-based longitudinal studies to determine health impacts of chemicals across the lifespan. We need well-functioning biobanks to be able to determine the cumulative effects of substances over time as well as large data sets and the complex analyses of them to allow for causal inferences to be drawn.

All these necessities for environmental research enhancement must be appropriately cited and managed properly, funded and created in collaboration with our academic and Indigenous communities. This work needs to begin as soon as the bill receives Royal Assent.

The discussions that have taken place throughout the parliamentary process have been instrumental and have resulted in a strengthened bill. I would like to thank senators and our colleagues in the other place for this valuable work. I am proud to support the bill, and urge senators to vote to pass it now so that it may receive Royal Assent without delay.

Thank you, wela’lioq.

(On motion of Senator Martin, debate adjourned.)

On the Order:

Resuming debate on the motion of the Honourable Senator Yussuff, seconded by the Honourable Senator Boehm, for the second reading of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms).