Amendments to CEPA alter toxic substance management and chemical control and provide ‎right to healthy environment

On June 13, 2023, Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act (“Bill S-5” or the “Act”), received Royal Assent becoming law and modernizing the Canadian Environmental Protection Act (“CEPA”).

CEPA regulates pollution and toxic substances in Canada.  Among other changes, the Act will provide Canadians with the right to a healthy environment and will further regulate the management of certain toxic substances and chemicals.

Canadians have right to a healthy environment

The preamble to CEPA now recognizes that every individual in Canada has a right to a heathy environment.

Although the province of Quebec previously recognized a right to a healthy environment,‎ the ‎recognition of this right in CEPA is unprecedented in Canadian federal legislation. ‎

CEPA now requires responsible Ministers to develop an implementation framework and to conduct research, studies and monitoring activities to support the federal government in protecting this right.

Changes to toxic substance management and chemical control

Further changes to CEPA require the federal government to update the framework for assessing and managing toxic substances. This includes an obligation for responsible Minsters to compile a list of substances that they have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic based on assessments of risk posed by the cumulative effects of these substances, with consideration of vulnerable populations.

The amendments to CEPA require the federal government to create a new regime to manage toxic substances based on level of risk. Substances considered to be highest risk will receive priority management. These changes will include obligations to increase transparency and accountability, such as labelling and public consultation.

With the coming into force of Bill S-5, the federal government now has increased regulation-making, information-gathering, and pollution prevention powers. Please contact the writers or any members of our Environmental Law Group if you have questions related to CEPA and how these changes may impact your organization.