Submission on Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act

The document argues that while Bill S-5 is a positive step toward modernizing CEPA, it requires further amendments to ensure the right to a healthy environment is robustly implemented and that toxic substance assessments and risk management are transparent and timely. Key recommendations include establishing mandatory labelling for hazardous consumer products, setting strict timelines for substance assessments, and shifting the burden of proof for confidentiality claims to the requesting party.

• The authors support the recognition of the human right to a healthy environment in Canadian federal law, noting it aligns with a 2022 UN General Assembly vote. They recommend that the principles of environmental justice, non-regression, and intergenerational equity be incorporated as administrative duties in Section 2 of the Act to give them "greater force and create consistency and continuity of purpose throughout the Act."
• The briefing highlights the need to protect vulnerable populations from toxic substances, citing that endocrine-disrupting chemicals (EDCs) increase breast cancer risks for women and girls during specific biological windows. It notes that intersectional discrimination can lead Black and other racialized women to use beauty products containing harmful EDCs to "comply with white beauty norms."
• The coalition recommends introducing mandatory labelling for hazardous substances in consumer products to uphold the "consumers' right to know" and facilitate the choice of healthier alternatives, arguing that current lack of transparency is an "environmental justice issue."
• The document identifies significant delays in the current CEPA process, noting that some draft screening assessments, such as for hydrogen sulfide (published September 2017) and naphthenic acids (published August 2018), remain unfinalized. To remedy this, they propose a one-year time limit to finalize assessments after a proposed assessment is published.
• The authors argue for a shift from a reactive to a proactive chemicals management model by integrating "safer substitution." They suggest amending clause 29 to recognize that risk-management actions should lead to the use of "safer or more sustainable alternatives" to avoid "regrettable substitution," where one toxic substance is replaced by another hazardous one.
• The briefing calls for a higher bar for confidentiality claims regarding environmental and health risks. It recommends a "presumption of non-confidentiality" where the onus is on the party requesting confidentiality to demonstrate its necessity, similar to processes in the European Union and the U.S.
• The authors recommend restricting the use of "masked names" for substances on the Domestic Substances List (DSL), noting that over 3,000 substances currently use them. They argue that the names of substances subject to permits, prohibitions, or notices should be disclosed when it is in the public interest.

APA

Canadian Association of Physicians for the Environment (2022). Submission on Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act. https://cape.ca/wp-content/uploads/2021/08/Bill-S5-Brief-to-ENVI-English.pdf

Chicago

Canadian Association of Physicians for the Environment. Submission on Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act. 2022. https://cape.ca/wp-content/uploads/2021/08/Bill-S5-Brief-to-ENVI-English.pdf.

Wikipedia

{{cite report |author=Canadian Association of Physicians for the Environment |title=Submission on Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act |date=14 November 2022 |url=https://cape.ca/wp-content/uploads/2021/08/Bill-S5-Brief-to-ENVI-English.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{canadianassociationofphysiciansfortheenvironment2022submission, author = {{Canadian Association of Physicians for the Environment}}, title = {{Submission on Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act}}, institution = {Canadian Association of Physicians for the Environment}, year = {2022}, month = nov, url = {https://cape.ca/wp-content/uploads/2021/08/Bill-S5-Brief-to-ENVI-English.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }