Canada Gathers Feedback on Right to a Healthy Environment under Modernized CEPA: Key Insights from Public Consultation

The Government of Canada has been actively engaging with stakeholders across the country to shape the implementation framework for the right to a healthy environment under the Canadian Environmental Protection Act, 1999 (CEPA). In early October, it released a report that provides an overview of the feedback gathered during consultations in early 2024 and summarizes diverse perspectives that will inform the development of the draft implementation framework by June 2025.

Background: A New Era for Environmental Protection in Canada

The passage of Bill S-5 in June 2023 marked a historic moment for environmental protection in Canada, recognizing every individual’s right to a healthy environment under CEPA. The government is now tasked with creating an implementation framework to guide how this right will be considered in decision-making by the Ministers of Environment and Climate Change and Health.

The amendments to CEPA also align with the United Nations Declaration on the Rights of Indigenous Peoples, ensuring that Indigenous knowledge and perspectives are incorporated into environmental protection strategies.

Engaging Canadians for a Healthier Future

Between February and April 2024, Environment and Climate Change Canada (ECCC) and Health Canada (HC) conducted public consultations on the Discussion Document for implementing the right to a healthy environment under CEPA. Engagement activities included workshops, an online platform, and written submissions from various groups, including Indigenous communities, non-governmental organizations (NGOs), industry, and the general public.

Indigenous-led engagement played a crucial role in this process, with submissions from First Nations, Métis and other Indigenous groups participating in distinctions-based workshops within their communities. Although Inuit perspectives were not received at this stage, the government is committed to including their voices in the ongoing development of the framework.

Public Engagement: Key Themes and Priorities

The public consultations revealed several key themes and priorities that stakeholders believe should shape the framework:

• Balance Flexibility and Predictability: Participants emphasized the need for the framework to strike a balance between being adaptable to emerging challenges while offering clear guidelines to ensure consistent implementation.

• Interconnectedness: Many comments highlighted the need to consider multiple factors that may contribute to environmental risks, especially for populations disproportionately affected by pollution.

• Transparency and Accessibility: There was a strong call for CEPA information and decisions to be communicated in plain language, making the framework accessible to all Canadians.

• Indigenous Reconciliation: Stakeholders emphasized the importance of incorporating Indigenous knowledge alongside Western science and ensuring that Indigenous communities have meaningful participation in decision-making.

• Representation and Inclusion: Participants advocated for a focus on subpopulations that are more vulnerable to pollution, ensuring that marginalized communities are included in environmental protection efforts.

• Accountability: There was widespread agreement that the government must communicate how the right to a healthy environment is being protected and hold violators accountable.

Strengthening Enforcement and Compliance

Many submissions expressed concern about the lack of mechanisms to enforce the right to a healthy environment under CEPA. Respondents called for measurable criteria to assess whether this right has been breached and for stronger enforcement of CEPA provisions. Additionally, several participants recommended increasing penalties for violations to ensure compliance with environmental protection laws.

The draft framework will address these concerns by proposing new initiatives for research, compliance, and enforcement. These include developing guidance for the public on how to request an enforcement investigation under CEPA Section 17 and considering the right to a healthy environment when setting compliance promotion priorities each year.

Incorporating Indigenous Perspectives

Indigenous participation was a key aspect of the consultation process, with various Indigenous groups sharing their perspectives on environmental protection. The draft framework seeks to respect and incorporate Indigenous knowledge to ensure that environmental justice efforts are culturally appropriate and grounded in reconciliation.

The government acknowledges that further efforts are needed to engage with Inuit communities, whose input will be sought in future stages of the consultation process.

Next Steps: Developing the Draft Implementation Framework

The feedback collected during these consultations will shape the draft implementation framework for the right to a healthy environment under CEPA. This draft will be developed over the coming months, with public input remaining central to the process. The final framework will be published by June 2025, setting the stage for stronger environmental protection across Canada.

Canadians are encouraged to stay informed and participate in the ongoing consultations through the CEPA Registry and engagement platforms. The Government remains committed to ensuring that everyone in Canada has access to a healthy environment, and that this right is upheld in all future decisions under CEPA.