Strengthening Environmental Protection for a Healthier Canada Act (S.C. 2023, c. 12)
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Assented to 2023-06-13
Strengthening Environmental Protection for a Healthier Canada Act
S.C. 2023, c. 12
Assented to 2023-06-13
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
SUMMARY
This enactment amends the Canadian Environmental Protection Act, 1999 to, among other things,
(a) recognize that every individual in Canada has a right to a healthy environment as provided under that Act;
(b) provide that the Government of Canada must protect that right as provided under that Act, and, in doing so, may balance that right with relevant factors;
(c) require the development of an implementation framework that sets out how that right will be considered in the administration of that Act, and require that research, studies or monitoring activities be conducted to support the Government of Canada in protecting that right;
(d) authorize the Minister of the Environment to add to the Domestic Substances List certain substances that were in commerce in Canada and subject to the Food and Drugs Act between January 1, 1987 and September 13, 2001, and provide that any substance may be deleted from the List when it is no longer in commerce in Canada;
(e) require that the Minister of the Environment and the Minister of Health develop a plan that specifies the substances to which those Ministers are satisfied priority should be given in assessing whether they are toxic or capable of becoming toxic;
(f) provide that any person may request that those Ministers assess a substance;
(g) require the Minister of the Environment to compile a list of substances that that Minister and the Minister of Health have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic;
(h) require that, when those Ministers conduct or interpret the results of certain assessments — or conduct or interpret the results of a review of decisions of certain governments — in order to determine whether a substance is toxic or capable of becoming toxic, they consider available information on whether there is a vulnerable population in relation to the substance and on the cumulative effects that may result from exposure to the substance in combination with exposure to other substances;
(i) provide that certain substances be classified as substances that pose the highest risk based on, among other things, their properties or characteristics;
(j) require that those Ministers give priority to the total, partial or conditional prohibition of activities in relation to toxic substances that are specified in Part 1 of Schedule 1 of the Canadian Environmental Protection Act, 1999, or to the total, partial or conditional prohibition of releases of those substances into the environment, when regulations or instruments respecting preventive or control actions in relation to those substances are developed;
(k) expand certain regulation-making, information-gathering and pollution prevention powers under that Act, including by adding a reference to products that may release substances into the environment;
(l) allow the risks associated with certain toxic substances to be managed by preventive or control actions taken under any other Act of Parliament, and the obligations under sections 91 and 92 of the Canadian Environmental Protection Act, 1999 to be the responsibility of whoever of the Minister of the Environment or the Minister of Health is best placed to fulfil them;
(m) expand the powers of the Minister of the Environment to vary either the contents of a significant new activity notice with respect to a substance not on the Domestic Substances List or the contents of the List itself with respect to a substance on the List that is subject to the significant new activities provisions of that Act;
(n) extend the requirement, to notify persons of the obligation to comply with the significant new activity provisions of that Act when a substance that is subject to those provisions is transferred to them, so that it applies with respect to substances on the Domestic Substances List, and authorize that Minister to limit by class the persons who are required to be notified of the obligation when a substance that is subject to those provisions is transferred to them; and
(o) require that confidentiality requests made under section 313 of the Act be accompanied by reasons, and to allow the Minister of the Environment to disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism in certain circumstances.
The enactment also makes related amendments to the Food and Drugs Act to enable the assessment and management of risks to the environment associated with foods, drugs, cosmetics and devices by, among other things,
(a) prohibiting persons from conducting certain activities in respect of a drug unless the Minister of Health has conducted an assessment of the risks to the environment presented by certain substances contained in that drug;
(b) enabling the Minister of Health to take measures in respect of the risks to the environment that a drug may present throughout its life cycle; and
(c) providing the Governor in Council with supporting regulation-making authorities.
Finally, the enactment repeals the Perfluorooctane Sulfonate Virtual Elimination Act.
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Strengthening Environmental Protection for a Healthier Canada Act.
1999, c. 33Canadian Environmental Protection Act, 1999
Amendments to the Act
2 (1) The preamble to the Canadian Environmental Protection Act, 1999 is amended by adding the following after the first paragraph:
Whereas the Government of Canada recognizes that every individual in Canada has a right to a healthy environment as provided under this Act;
(2) The third paragraph of the preamble to the Act is replaced by the following:
Whereas the Government of Canada acknowledges the need to control and manage pollutants and wastes if their release into the environment cannot be prevented;
(2.1) The sixth paragraph of the preamble to the French version of the Act is replaced by the following:
qu’il s’engage à adopter le principe de précaution, si bien qu’en cas de risques de dommages graves ou irréversibles, l’absence de certitude scientifique absolue ne doit pas servir de prétexte pour remettre à plus tard l’adoption de mesures effectives visant à prévenir la dégradation de l’environnement;
(3) The preamble to the Act is amended by adding the following after the eighth paragraph:
Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples, including free, prior and informed consent;
(4) The preamble to the Act is amended by adding the following after the ninth paragraph:
Whereas the Government of Canada recognizes the importance of considering vulnerable populations in assessing whether substances are toxic or capable of becoming toxic;
Whereas the Government of Canada recognizes the importance of minimizing the risks posed by exposure to toxic substances and the cumulative effects of toxic substances;
(5) The preamble to the Act is amended by adding the following after the 10th paragraph:
Whereas the Government of Canada recognizes the role of science and Indigenous knowledge in the process of making decisions related to the protection of the environment and human health, as well as the importance of promoting the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to replace, reduce or refine the use of vertebrate animals;
(6) The 13th paragraph of the preamble to the Act is replaced by the following:
Whereas the Government of Canada will endeavour to remove threats to biological diversity through pollution prevention as well as the control and management of the risk of any adverse effects of the use and release of toxic substances, pollutants and wastes;
Whereas the Government of Canada recognizes the importance of encouraging the progressive substitution of substances, processes and technologies with alternatives that are safer for the environment or human health, when they are economically and technically viable;
Whereas the Government of Canada is committed to openness, transparency and accountability in respect of the protection of the environment and human health;
Whereas the Government of Canada recognizes the importance of Canadians having information, including by means of the packaging and labelling of products, regarding the risks posed by toxic substances to the environment or to human health;
Whereas the Government of Canada is committed to implementing a risk-based approach to the assessment and management of chemical substances;
3 (1) Paragraph 2(1)(a) of the Act is replaced by the following:
(a) exercise its powers in a manner that
(i) protects the environment and human health, including the health of vulnerable populations,
(ii) applies the precautionary principle, which provides that the lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation if there are threats of serious or irreversible damage, and
(iii) promotes and reinforces enforceable pollution prevention approaches;
(2) Subsection 2(1) of the Act is amended by adding the following after paragraph (a.1):
(a.2) protect the right of every individual in Canada to a healthy environment as provided under this Act, subject to any reasonable limits;
(a.3) in relation to paragraph (a.2), uphold principles such as principles of environmental justice — including the avoidance of adverse effects that disproportionately affect vulnerable populations — the principle of non-regression and the principle of intergenerational equity;
(3) Subsection 2(1) of the Act is amended by adding the following after paragraph (k):
(k.1) encourage the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to replace, reduce or refine the use of vertebrate animals;
4 (1) The portion of the definition substance in subsection 3(1) of the Act after paragraph (d) and before paragraph (e) is replaced by the following:
and, except for the purposes of sections 66 to 66.2, 80 to 89 and 104 to 115, includes
(2) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:
- healthy environment
healthy environment means an environment that is clean, healthy and sustainable. (environnement sain)
- precautionary principle
precautionary principle means Principle 15 of the 1992 Rio Declaration on Environment and Development, which provides that the lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation if there are threats of serious or irreversible damage. (principe de précaution)
- vulnerable population
vulnerable population means a group of individuals within the Canadian population who, due to greater susceptibility or greater exposure, may be at an increased risk of experiencing adverse health effects from exposure to substances. (population vulnérable)
5 The Act is amended by adding the following after the heading of Part 1:
Implementation of Right to a Healthy Environment
Marginal note:Implementation framework
5.1 (1) For the purposes of paragraph 2(1)(a.2), the Ministers shall, within two years after the day on which this section comes into force, develop an implementation framework to set out how the right to a healthy environment will be considered in the administration of this Act.
Marginal note:Right to a healthy environment
(1.1) Without limiting the generality of subsection (1), the implementation framework shall set out
(a) the process under subsection 76.1(1) in respect of the protection of the right to a healthy environment.
Marginal note:Content
(2) The implementation framework, in a manner consistent with the purposes of this Act, shall, among other things, elaborate on
(a) the principles to be considered in the administration of this Act, such as principles of environmental justice — including the avoidance of adverse effects that disproportionately affect vulnerable populations — the principle of non-regression and the principle of intergenerational equity, according to which it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs;
(b) research, studies or monitoring activities to support the protection of the right to a healthy environment referred to in paragraph 2(1)(a.2);
(c) the relevant factors to be taken into account in interpreting and applying that right and in determining the reasonable limits to which it is subject, including social, health, scientific and economic factors; and
(d) mechanisms to support the protection of that right.
Marginal note:Consultation
(3) In developing the implementation framework, the Ministers shall consult any interested persons.
Marginal note:Publication
(4) The Minister shall publish the implementation framework in the manner that the Minister considers appropriate.
Marginal note:Report
(5) The Minister shall include in the annual report required by section 342 a report on the implementation of the framework.
5.1 (1) The portion of subsection 13(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Contents of Environmental Registry
13 (1) The Environmental Registry shall contain notices and other documents published or made publicly available by the Ministers or either Minister under this Act, and shall also include, subject to the Access to Information Act and the Privacy Act,
(2) Subsection 13(2) of the Act is replaced by the following:
Marginal note:Form and manner of Environmental Registry
(2) The Minister may determine the form of the Environmental Registry and how it is to be kept, so long as the registry is publicly accessible and searchable and is in electronic form.
6 Section 15 of the Act is replaced by the following:
Marginal note:Additional rights
15 The rights conferred by this Part are in addition to the right to request, under section 76, that a substance be assessed, the right to file a notice of objection under Parts 1, 7 and 11 and the right to request under Parts 7 and 11 that a board of review be established under section 333.
7 Section 44 of the Act is amended by adding the following after subsection (3):
Marginal note:Protection of right to healthy environment
(3.1) The Ministers shall conduct research, studies or monitoring activities to support the Government of Canada in protecting the right to a healthy environment referred to in paragraph 2(1)(a.2).
8 (1) Paragraph 45(a) of the Act is replaced by the following:
(a) conduct research and studies, including biomonitoring surveys, relating to the role of substances in illnesses or in health problems;
(2) Section 45 of the Act is renumbered as subsection 45(1) and is amended by adding the following:
Marginal note:Vulnerable populations
(2) For greater certainty, the research and studies referred to in paragraph (1)(a) may relate to vulnerable populations.
9 (1) Paragraph 46(1)(a) of the Act is replaced by the following:
(a) substances specified in the plan developed under section 73;
(2) Subsection 46(1) of the Act is amended by adding the following after paragraph (e):
(e.1) products that contain a substance that is toxic under section 64 or that may become toxic, or products that may release such a substance into the environment;
(3) Subsection 46(1) of the Act is amended by adding the following after paragraph (k):
(k.1) activities that may contribute to pollution;
(k.2) hydraulic fracturing;
(k.3) tailings ponds;
10 (1) Subsection 56(1) of the Act is replaced by the following:
Marginal note:Requirement for pollution prevention plans
56 (1) The Minister may, at any time, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice to prepare and implement a pollution prevention plan in respect of
(a) a substance or group of substances specified on the list of toxic substances in Schedule 1;
(b) a substance or group of substances with respect to which subsection 166(1) or 176(1) applies; or
(c) a product that contains a substance specified on the list of toxic substances in Schedule 1 or that may release such a substance into the environment.
Marginal note:Alternatives
(1.1) The notice may include a requirement that the plan prioritize the identification, development or use of safer or more sustainable alternatives to the substance, group of substances or product.
(2) Paragraph 56(2)(a) of the Act is replaced by the following:
(a) the substance, group of substances or product in relation to which the plan is to be prepared;
(3) Subsection 56(4) of the Act is replaced by the following:
Marginal note:Publication of notice of extension
(4) The Minister shall publish in the Environmental Registry and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or the implementation of the plan, and the duration of the period of the extension.
(4) Section 56 of the Act is amended by adding the following after subsection (5):
Marginal note:Progress reports
(6) A notice under subsection (1) may include a requirement that the person to whom the notice is directed file with the Minister, within the periods specified in the notice, written reports on their progress in implementing the plan.
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