Canada adopts Bill S-5

Legislation (S-5) to modernize the Canadian Environmental Protection Act (CEPA) received consent from the Senate and royal assent on 13 June. The provisions of Bill S-5 will come into effect immediately and the Canadian government now has two years to announce the specific requirements of the legislation.  

Bill S-5, known as the Strengthening Environmental Protection for a Healthier Canada Act, marks a significant milestone in safeguarding the well-being of both the environment and the Canadian people. The Canadian Environmental Protection Act, 1999 (CEPA), constitutes a fundamental piece of Canada's environmental legislation, aiming to combat pollution and shield the environment and its inhabitants from the detrimental consequences.   

Bill S-5 is the first significant set of amendments to CEPA in over two decades since it came to force in1999. The aims to: 

1. Enhance protection for vulnerable communities that bear the brunt of pollution's impact. 

2. Advance Indigenous reconciliation by explicitly confirming the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, encompassing the principles of free, prior, and informed consent, as well as recognizing the invaluable role of Indigenous knowledge in environmental and health-related decision-making. Moreover, these amendments introduce new reporting requirements. 

3. Mandate the development of a new Plan of Chemicals Management Priorities, strengthen the assessment of cumulative effects resulting from exposure to multiple chemicals, and establish a Watch List to facilitate the transition toward safer alternatives. 

4. Foster the development and adoption of scientifically supported alternative testing methods and strategies, reducing reliance on animal testing in favor of more humane approaches. 

5. Embed an environmental purpose within the Food and Drugs Act (FDA), facilitating the effective management of environmental risks associated with pharmaceuticals and establishing a modernized regulatory framework for drugs within an environmental context. 

The government now has until June 2025 to develop a comprehensive new plan that prioritizes chemicals for risk assessment and potential risk management. This plan will replace the chemicals management plan (CMP) from 2006, which has largely fulfilled its purpose of evaluating over 4,300 chemicals out of the 23,000 currently present in Canadian commerce. 

As per the new legislation, the government also has a two-year timeframe to establish a framework that outlines how it will incorporate the right to a healthy environment into its implementation of CEPA. This framework will encompass important concepts such as environmental justice and intergenerational equity.