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Canadian Environmental Protection Act (CEPA) Reform: Addressing Unfinished Business Following Bill S-5

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This briefing note from the Canadian Association of Physicians for the Environment calls for a second reform bill to the Canadian Environmental Protection Act (CEPA) to address gaps left by Bill S-5, specifically regarding air quality standards, citizen enforcement, and protections for First Nations reserve lands.

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  • While Bill S-5, which received Royal Assent on June 14th, 2023, added the right to a healthy environment and updated the toxic substances framework, a second reform bill is required to address outdated sections of the Act.
  • Air pollution in Canada is linked to 15,300 premature deaths annually, and the economic cost of respiratory diseases related to all air pollution was $120 billion in 2016, representing 6% of Canada's real gross domestic product for that year.
  • Canada is the only G-8 country that lacks enforceable national air quality standards, despite having established Canadian Ambient Air Quality Standards for certain pollutants under CEPA.
  • The existing citizen enforcement mechanism in CEPA (section 22) is described as unworkable and has never been used due to cost barriers and legal limitations.
  • First Nations reserve lands lack the same level of environmental protection as other Canadian communities due to capacity and regulatory gaps, necessitating a comprehensive approach to protection and management co-developed with First Nations and consistent with UNDRIP.

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APA
Canadian Association of Physicians for the Environment (2024). Canadian Environmental Protection Act (CEPA) Reform: Addressing Unfinished Business Following Bill S-5. https://cape.ca/wp-content/uploads/2021/08/BRIEFING-NOTE_-CANADIAN-ENVIRONMENTAL-PROTECTION-ACT-CEPA-BILL-TO-ADDRESS-UNFINISHED-BUSINESS-FROM-BILL-S-5.pdf
Chicago
Canadian Association of Physicians for the Environment. Canadian Environmental Protection Act (CEPA) Reform: Addressing Unfinished Business Following Bill S-5. 2024. https://cape.ca/wp-content/uploads/2021/08/BRIEFING-NOTE_-CANADIAN-ENVIRONMENTAL-PROTECTION-ACT-CEPA-BILL-TO-ADDRESS-UNFINISHED-BUSINESS-FROM-BILL-S-5.pdf.
Wikipedia
{{cite report |author=Canadian Association of Physicians for the Environment |title=Canadian Environmental Protection Act (CEPA) Reform: Addressing Unfinished Business Following Bill S-5 |date=February 2024 |url=https://cape.ca/wp-content/uploads/2021/08/BRIEFING-NOTE_-CANADIAN-ENVIRONMENTAL-PROTECTION-ACT-CEPA-BILL-TO-ADDRESS-UNFINISHED-BUSINESS-FROM-BILL-S-5.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{canadianassociationofphysiciansfortheenvironment2024canadian, author = {{Canadian Association of Physicians for the Environment}}, title = {{Canadian Environmental Protection Act (CEPA) Reform: Addressing Unfinished Business Following Bill S-5}}, institution = {Canadian Association of Physicians for the Environment}, year = {2024}, month = feb, url = {https://cape.ca/wp-content/uploads/2021/08/BRIEFING-NOTE_-CANADIAN-ENVIRONMENTAL-PROTECTION-ACT-CEPA-BILL-TO-ADDRESS-UNFINISHED-BUSINESS-FROM-BILL-S-5.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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