Bill C-28, Strengthening Environmental Protection for a Healthier Canada Act

Appearance before the Standing Committee on Environment and Sustainable Development – May 12, 2021

Issue

• On April 13, 2021, the Government introduced Bill C-28, Strengthening Protection for a Healthier Canada Act, which amends the Canadian Environmental Protection Act, 1999 (CEPA).

Points to register

• Bill C-28 fulfills the Government’s commitment to modernize CEPA.
• CEPA is a large and complex law. Bill C-28 focuses on two important sets of amendments: recognizing a right to a healthy environment, and strengthening Canada’s chemicals management regime.
• The amendments in Bill C-28 were informed by the recommendations of previous parliamentary reviews, including the 2017 report of the House of Commons Standing Committee on Environment and Sustainable Development.
• The changes in Bill C-28 will strengthen protections for Canadians and the environment by:
  • Recognizing a right to a healthy environment for every individual in Canada as provided for under CEPA. This is a first in a federal statute in Canada, and will support the development of strong environmental and health standards now and in the future.
  • Assessing real life exposure based on the cumulative effects of a substance in combination with exposure to other substances, and better protecting populations most at risk due to greater susceptibility or potential exposure to harmful substances.
  • Implementing a new regime for toxic substances that pose the highest risk. The new regime will prioritize the prohibition of uses and releases of substances that are found to be toxic under CEPA using a risk based assessment, and that also meet criteria that will be set out in regulations to be considered of the highest risk.
  • Supporting the shift to less harmful chemicalsthrough the establishment of a Watch List of substances that may be of concern if, for example, there should be an increase in exposure.
  • Creating a new Plan of Chemicals Management Priorities, with public input, which will set out an integrated plan for the assessment and management of substances as well as supporting activities.
  • Amending the Food and Drugs Act (FDA) to provide the ability to develop a regulatory framework under the FDA to assess and manage the environmental risks of new drugs. This would remove the requirement to notify and assess under both FDA and CEPA providing a more efficient and effective approach to managing the risks of drugs.

Background/current status

• Bill C-28 was introduced in the House on April 13, 2021.
• Depending on when Second Reading starts, it may be referred to Committee this spring.