Bill S-5: Healthier Canada Environmental Protection Act

On 25th August 2023, Environment and Climate Change Canada and Health Canada introduced Bill S-5, known as the Strengthening Environmental Protection for a Healthier Canada Act. This legislation marks a significant milestone in modernizing the Canadian Environmental Protection Act, 1999 (CEPA 1999), with the goal of promoting a healthier environment and safeguarding the well-being of Canadians.

The journey towards this transformative legislation began on 9th February 2022, when the Government of Canada announced its intent to overhaul CEPA 1999. After a comprehensive legislative process, Bill S-5 received Royal Assent on 13th June 2023, setting in motion a two-year timeline for the Canadian government to implement its amendments, ushering in a new era of environmental protection in Canada.

One of the central objectives of the Strengthening Environmental Protection for a Healthier Canada Act is to incentivize businesses to adopt environmentally and human health-friendly practices. This is achieved through the development of a new chemical management plan by Environment and Climate Change Canada (ECCC). This plan replaces the previous categorization provisions and Priority Substances List and establishes timelines for evaluating substances currently in use in Canada. Moreover, it emphasizes activities like data collection, risk management, risk communication, research, and monitoring, as well as the adoption of scientifically justified alternatives to animal testing.

The bill introduces crucial changes to CEPA, notably renaming "Schedule 1, List of Toxic Substances" to "Schedule 1." Schedule 1 is now divided into two parts: Part 1 identifies substances of concern based on their persistence, bioaccumulation, inherent toxicity, carcinogenicity, mutagenicity, and reproductive toxicity, while Part 2 lists other substances of concern to prevent pollution.

A novel addition to CEPA is the creation of the "Watch List," a publicly accessible inventory of substances of concern that could pose risks due to changes in their usage or increased environmental exposure. This list will help importers, manufacturers, and consumers make informed choices, promoting the adoption of safer alternatives and avoiding detrimental substitutions.

Moreover, CEPA 2023 recognizes the right to a healthy environment and protection for vulnerable populations. Over the next two years, the government will formulate an implementation framework for administering this right, identifying susceptible groups and working towards more protective environmental and health standards. This commitment aligns with the United Nations Declaration on the Rights of Indigenous Peoples.

The Strengthening Environmental Protection for a Healthier Canada Act also introduces a mechanism for citizens to request the assessment of specific substances, addressing concerns about their toxicity or potential harm. The Minister has 90 days to decide whether to add the substance to the Chemicals Management Priorities list, fostering transparency and public engagement.

The bill reinforces the importance of transparency in business practices. Those submitting information must provide justifications for claiming business information confidentiality, with ministers reviewing and validating such requests. Additionally, the legislation permits disclosure of previously confidential substance names under certain conditions.

CEPA 2023 empowers ministers to rely on existing federal measures to assess toxic substances when applicable, streamlining the regulatory process and ensuring effective risk management.

The amendments to the Domestic Substances List grant the Minister the authority to remove substances that are no longer in the Canadian marketplace, subject to a transparent process with a 60-day comment period.

Furthermore, the legislation addresses environmental risk assessment and risk management for drugs, eliminating the need for duplicate notifications and creating a more efficient regulatory framework.

Animal testing is another area where CEPA 2023 shows its commitment to humane practices by promoting alternatives to vertebrate animal testing.

Finally, the bill extends its reach to biotechnology, ensuring a comprehensive review of regulations regarding organisms and microorganisms.

The introduction of Bill S-5 signifies a significant step forward in Canada's environmental protection efforts. With the promise of enhanced transparency, public engagement, and a focus on health and the environment, CEPA 2023 aims to create a healthier and safer Canada for all its residents. It encourages citizens and industry stakeholders to actively participate in consultations and shape the future of environmental protection in the country.