A Right to a Healthy Environment under the Canadian Environmental Protection Act, 1999
In the preamble of the Canadian Environmental Protection Act, 1999 (CEPA), the Government of Canada recognizes that every individual in Canada has the right to a healthy environment (“the right”), as provided for in CEPA. CEPA was amended in 2023 to include this recognition and the requirement to develop an implementation framework to set out how this right will be considered in the administration of the Act. The implementation framework (“the framework”) sets out how the Government of Canada, and in particular Environment and Climate Change Canada (ECCC) and Health Canada (HC), will consider the right in administering CEPA to fulfill the Government’s duty to protect the right to a healthy environment, which is subject to reasonable limits. The framework provides guidance for ECCC and HC to consider in their decision-making under CEPA to support protection of the right.
The Implementation Framework
The Government published the framework on July 19, 2025, with input and perspectives provided through public engagement on a Draft Implementation Framework, as well as a Discussion Document. In each case, a ‘What We Heard Report’ was published to summarize input and perspectives heard from these engagement periods.
Figure 1: Timeline for the Implementation Framework for the Right to a Healthy Environment under the Canadian Environmental Protection Act, 1999
Figure 1: Long description
The figure presents a visual timeline outlining the development of the Implementation Framework for the Right to a Healthy Environment, as mandated by the Canadian Environmental Protection Act, 1999.
The central element of the figure is a horizontal blue timeline bar running along the bottom, with key milestones marked in chronological order from left to right. On the far left, the first marker reads: “June 2023 - CEPA amended to recognize the Right to a Healthy Environment and requires the development of an Implementation Framework.” Moving rightward, the next marker states: “February 8, 2024 - Discussion Document on the Implementation Framework for the Right to a Healthy Environment.” Further along the timeline, a third marker notes: “October 4, 2024 - Draft Implementation Framework for the Right to a Healthy Environment and ‘What We Heard Report’ published.” The final marker, located on the far right and highlighted with a yellow star, reads: “July 2025 - Implementation Framework for the Right to a Healthy Environment and ‘What We Heard Report’ published.”
This figure visually communicates the key phases and dates in the development of the Framework, emphasizing the progression from legislative amendment to final publication.
The framework may be updated in future years as the Government gains experience during implementation. Interested people will be consulted to inform these updates. ECCC and HC will report on progress with implementation of the framework annually through the CEPA Annual Report.
Meaning of the Right to a Healthy Environment as provided for in CEPA
The right to a healthy environment as provided for in CEPA can be understood in terms of substantive elements and procedural elements within the CEPA context.
Substantive Elements
The framework sets out the substantive meaning of the right as including the right of every individual in Canada to live in an environment that is protected from harmful substances, pollutants, and waste, and where actions taken under CEPA contribute to:
- clean and healthy air and water
- a sustainable climate
- healthy ecosystems and biodiversity
Procedural Elements
Procedural elements of access to information and participation in decision-making are already included in CEPA and support the protection of the right.
- Access to information means supporting people in Canada in their ability to make informed decisions about their and their communities’ health and environment, understanding how government decisions are made, and holding governments accountable for those decisions
- Participation in decision-making means providing interested parties, including Indigenous peoples, with the opportunity to influence the decisions under CEPA that may impact them
Protecting the Right under CEPA
The framework provides guiding considerations as a flexible tool to support decision-makers at ECCC and HC in fulfilling the duty to protect the right and uphold the principles. It also highlights many mechanisms (e.g., tools and policy approaches) under CEPA that provide a strong foundation for the consideration of the right.
In addition to elaborating on the meaning of the right, the framework elaborates on a number of elements which are also reflected in the guiding considerations, including:
Principles
The framework describes the principles of environmental justice, intergenerational equity and non-regression in the context of CEPA. It explains how they will be considered in the administration of CEPA to fulfill the duty to uphold these principles.
- Environmental justice seeks to advance the fair and equitable protection of all people in Canada from disproportionate environmental or health risks and to advance their equitable access to meaningful participation in decision-making under the Act
- Intergenerational equity emphasizes that it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs
- Non-regression means to prevent reduced levels of environmental and human health protection and, where feasible, to continuously improve these levels of protection
Indigenous Rights and Knowledge
The framework states that decision-making under CEPA that takes into consideration protecting the right to a healthy environment as provided for in CEPA should be informed by respect for rights under section 35 of the Constitution Act, 1982, including the inherent right of self-government, and for the Government of Canada’s legislative and policy commitments to First Nations, Inuit, and Métis.
The framework also indicates that bridging, braiding and weaving Indigenous knowledge with western science will provide robust information for CEPA decision-making, which supports the protection of the right.
A new mechanism was included in the framework to develop Guidance with respect to Indigenous knowledge for the administration of CEPA. Developed through engagement, it will provide ECCC and HC with guidance on how to approach bridging, braiding, and weaving Indigenous knowledge with western science in their work.
Relevant Factors
The framework outlines some relevant factors that ECCC and HC may consider when making decisions under CEPA, to interpret and apply the right and to determine the reasonable limits to which the right is subject. These factors are often interrelated. However, they may not all be relevant to every decision made under CEPA.
Scientific
Using the best data, evidence, methods and practices available to make decisions under CEPA, including cumulative effects where information is available, considering multiple lines of evidence, including Indigenous knowledge when shared, and applying precaution to transparently reflect uncertainty
Environmental
Considering the improvement of ecosystems and their biological diversity, climate change, and air and water quality
Health
Examining the potential adverse impacts and benefits of actions under CEPA on human health, with particular attention to effects on populations who may be disproportionately impacted by pollution
Social
Considering, for example, impacts of a decision on different populations based on differences in income, social status, gender, education and other socio-economic characteristics, as well as impacts on community well-being, cultural practices, traditions and heritage
Economic
Considering, for example, financial and economic costs and benefits to affected businesses, governments and individuals; the availability of technological solutions; if there are any costs or benefits that may be disproportionately distributed amongst different populations; and factoring in the social cost of greenhouse gases of actions under CEPA
In making decisions under CEPA, the Government of Canada will aim to fulfill its duty of protecting the right as it relates to the substantive elements, through consideration of the procedural elements, CEPA principles, and relevant factors described above, recognizing the right is subject to reasonable limits.
The Right to a Healthy Environment Portal
A new Right to a Healthy Environment Portal has been established on the CEPA Registry to strengthen accountability and transparency on CEPA decisions and opportunities to participate in decision-making. It also contains information on how to contact CEPA programs and the implementation framework team, and how to access existing resources, remedies and enforcement under CEPA, and relevant published data and reports.
Useful Information
Guide to Understanding the Canadian Environmental Protection Act
Past Consultations
Contact us
We would love to hear from you!
Right to a Healthy Environment Implementation Framework Team
Legislative and Regulatory Affairs Directorate
Place Vincent Massey
351 Boulevard Saint-Joseph
Gatineau, QC
K1A 0H3
Email: healthyenv-envsain@ec.gc.ca
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