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

This briefing note from the Canadian Association of Physicians for the Environment outlines recommendations to strengthen Bill S-5, which aims to modernize the Canadian Environmental Protection Act, 1999 (CEPA). The document advocates for reinforcing the right to a healthy environment and implementing stricter chemical management regulations to better protect public health and the environment.

• 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 significant gaps in chemical management, noting that the public has almost no access to information regarding chemicals in products. It recommends requiring public disclosure through product labeling for substances determined to be toxic or suspected of being capable of becoming toxic.
• There is a lack of accountability regarding the timing of chemical assessments, with some assessments for very toxic substances taking years. The briefing proposes a mandatory one-year timeline for finalizing chemical assessments, with extensions granted only for necessary additional data collection or studies.
• The authors argue that the 'Confidential Business Information' (CBI) exception is overused by businesses to hide chemical ingredients and scientific studies from the public. They recommend reversing the onus of proof so that the requesting party must demonstrate an essential business need for confidentiality, asserting that health and environmental risk information should never be confidential.
• To avoid a 'toxic treadmill' where one harmful substance is replaced by another equally harmful one in the same chemical class, the document recommends prioritizing safer or more sustainable alternatives and pollution prevention measures in regulations.

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} }