Bill S-5 and the Modernization of the Canadian Environmental Protection Act, 1999 (CEPA)

The document outlines recommendations from environmental and health groups to enhance Bill S-5 and the Canadian Environmental Protection Act, 1999 (CEPA). Key proposals include reinforcing the right to a healthy environment, improving public disclosure of chemical ingredients in products, establishing strict timelines for chemical assessments, and limiting the use of Confidential Business Information (CBI) claims to increase transparency regarding health and environmental risks.

• Bill S-5 introduces the right to a healthy environment into federal legislation for the first time, incorporating principles of intergenerational equity and non-regression. The authors recommend that the implementation framework for this right include specific actions for when ambient air quality standards are exceeded and a process for considering this right during the assessment of toxic substances.
• The document identifies a lack of transparency regarding chemical ingredients in consumer products, noting that this particularly burdens women who manage family product choices and avoid toxins during pregnancy. It recommends requiring public disclosure of substances determined or suspected to be toxic through product labeling.
• Current chemical assessment processes under CEPA lack prescribed timelines, leading to multi-year delays for very toxic substances. The authors propose a one-year timeline for finalizing chemical assessments, with extensions granted only for necessary additional data collection or studies.
• The authors argue that the 'toxic treadmill' occurs when one toxic substance is replaced by another in the same chemical class that is equally harmful. They recommend prioritizing pollution prevention and the use of safer or more sustainable alternatives when developing regulations to control chemical substances.
• The use of Confidential Business Information (CBI) exceptions is criticized for prioritizing business interests over public health by preventing access to scientific studies and ingredient lists. The document recommends reversing the onus of proof so that the requesting party must demonstrate an essential business need for confidentiality.

APA

Canadian Association of Physicians for the Environment (n.d.). Bill S-5 and the Modernization of the Canadian Environmental Protection Act, 1999 (CEPA). https://cape.ca/wp-content/uploads/2022/09/Bill-S5-Briefing-Note-September-2022-English.pdf#new_tab

Chicago

Canadian Association of Physicians for the Environment. Bill S-5 and the Modernization of the Canadian Environmental Protection Act, 1999 (CEPA). n.d. https://cape.ca/wp-content/uploads/2022/09/Bill-S5-Briefing-Note-September-2022-English.pdf#new_tab.

Wikipedia

{{cite report |author=Canadian Association of Physicians for the Environment |title=Bill S-5 and the Modernization of the Canadian Environmental Protection Act, 1999 (CEPA) |url=https://cape.ca/wp-content/uploads/2022/09/Bill-S5-Briefing-Note-September-2022-English.pdf#new_tab |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{canadianassociationofphysiciansfortheenvironmentndbill, author = {{Canadian Association of Physicians for the Environment}}, title = {{Bill S-5 and the Modernization of the Canadian Environmental Protection Act, 1999 (CEPA)}}, institution = {Canadian Association of Physicians for the Environment}, url = {https://cape.ca/wp-content/uploads/2022/09/Bill-S5-Briefing-Note-September-2022-English.pdf#new_tab}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }