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 priority amendments to Bill S-5, which aims to modernize the Canadian Environmental Protection Act, 1999 (CEPA). The document advocates for strengthening the right to a healthy environment, improving transparency regarding harmful chemicals in consumer products, and establishing strict timelines for chemical assessments and risk management to 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, non-regression, and environmental justice. The authors recommend that these principles be established as duties applying to the entire Act and that the implementation framework specify actions for when ambient air quality standards are exceeded.
• The briefing calls for increased transparency regarding chemicals in consumer products through mandatory product labeling. This is intended to ensure the public's right to know when substances determined to be toxic, or suspected of being capable of becoming toxic, are used in products.
• The document identifies significant gaps in the assessment and control of chemicals, noting a lack of prescribed timelines for completing assessments and a 'vague' mechanism for public requests for assessment. Recommendations include a one-year timeline for finalizing assessments after a draft is published and requiring the Minister to provide a clear decision to grant or deny public requests for assessment.
• The authors argue that the current 'Confidential Business Information' (CBI) exception is loosely controlled, leading to an 'approval by default' process that hinders public access to health and environmental risk data. They propose a presumption of non-confidentiality and mandate the disclosure of names of new chemicals and genetically modified organisms under specific conditions.
• To end the 'toxic treadmill' where one harmful substance is replaced by another equally harmful one, the briefing recommends granting authority for regulations to require the use of more sustainable or safer alternatives.

APA

Canadian Association of Physicians for the Environment (2022). Bill S-5 and the Modernization of the Canadian Environmental Protection Act, 1999 (CEPA). https://cape.ca/wp-content/uploads/2021/08/Briefing-Note_S-5_Priority-Amendments_Final_08.31.2022.docx-1.pdf

Chicago

Canadian Association of Physicians for the Environment. Bill S-5 and the Modernization of the Canadian Environmental Protection Act, 1999 (CEPA). 2022. https://cape.ca/wp-content/uploads/2021/08/Briefing-Note_S-5_Priority-Amendments_Final_08.31.2022.docx-1.pdf.

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) |date=3 October 2022 |url=https://cape.ca/wp-content/uploads/2021/08/Briefing-Note_S-5_Priority-Amendments_Final_08.31.2022.docx-1.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{canadianassociationofphysiciansfortheenvironment2022bill, 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}, year = {2022}, month = oct, url = {https://cape.ca/wp-content/uploads/2021/08/Briefing-Note_S-5_Priority-Amendments_Final_08.31.2022.docx-1.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }