Comments on the Right to a Healthy Environment in CEPA Implementation Framework Discussion Document

A joint statement by six environmental and health organizations providing recommendations to Environment and Climate Change Canada (ECCC) and Health Canada on the implementation framework for the right to a healthy environment (R2HE) under the Canadian Environmental Protection Act (CEPA).

• The authors argue that the government must adopt a human-rights-based approach to define the R2HE, drawing on the Canadian Charter of Rights and Freedoms and UN definitions. They assert that substantive elements should include clean air, a safe climate, safe water, non-toxic environments, and healthy biodiversity, while procedural elements must include access to information, decision-making participation, and access to justice.
• The organizations oppose the use of economic factors to justify limiting the R2HE, stating that such a practice would conflict with CEPA's pollution-prevention purpose. They suggest economic factors should instead be used to identify and protect "vulnerable populations" who may be more susceptible to pollution threats.
• To ensure transparency and accountability, the authors recommend that the minister or Governor in Council publish a "Statement of Consideration" whenever a decision engages the R2HE. This document should detail how the decision upholds the right, how relevant factors were weighed, and provide justification if the right is limited.
• The statement calls for the implementation framework to lower legal and financial barriers for residents seeking Environmental Protection Actions (EPAs) under CEPA sections 22 to 38. Specifically, they suggest that the R2HE should make it easier to demonstrate "significant harm" or "unreasonable delay" and recommend a policy to protect residents from adverse court costs.
• The authors emphasize the need for an intersectional approach to environmental justice to identify "vulnerable populations" based on race, class, geography, gender, sex, and disability. They also advocate for a class-based approach to chemicals management to prevent "regrettable substitution," where a banned toxic substance is replaced by one with similar properties.
• The document recommends "quick-start actions" to reduce cumulative pollution in specific hot spots, including Sarnia, Hamilton, and Windsor in Ontario; the oilsands area and downstream communities in Alberta; and Rouyn-Noranda in Quebec. Priority should also be given to managing PFAS "forever chemicals," toxic flame retardants, phthalates, and bisphenols.
• The authors identify a major omission in the discussion paper regarding subsection 76.1(1) of CEPA, which requires the application of a weight-of-evidence approach and the precautionary principle. They argue that the implementation framework must explicitly set out how the R2HE informs these processes.

APA

Canadian Association of Physicians for the Environment (2024). Comments on the Right to a Healthy Environment in CEPA Implementation Framework Discussion Document. https://cape.ca/wp-content/uploads/2021/08/Comments-on-the-Right-to-a-Healthy-Environment-in-CEPA-Implementation-Framework-Discussion-Document-April-2024.pdf

Chicago

Canadian Association of Physicians for the Environment. Comments on the Right to a Healthy Environment in CEPA Implementation Framework Discussion Document. 2024. https://cape.ca/wp-content/uploads/2021/08/Comments-on-the-Right-to-a-Healthy-Environment-in-CEPA-Implementation-Framework-Discussion-Document-April-2024.pdf.

Wikipedia

{{cite press release |author=Canadian Association of Physicians for the Environment |title=Comments on the Right to a Healthy Environment in CEPA Implementation Framework Discussion Document |date=8 April 2024 |url=https://cape.ca/wp-content/uploads/2021/08/Comments-on-the-Right-to-a-Healthy-Environment-in-CEPA-Implementation-Framework-Discussion-Document-April-2024.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{canadianassociationofphysiciansfortheenvironment2024comments, author = {{Canadian Association of Physicians for the Environment}}, title = {{Comments on the Right to a Healthy Environment in CEPA Implementation Framework Discussion Document}}, publisher = {Canadian Association of Physicians for the Environment}, year = {2024}, month = apr, url = {https://cape.ca/wp-content/uploads/2021/08/Comments-on-the-Right-to-a-Healthy-Environment-in-CEPA-Implementation-Framework-Discussion-Document-April-2024.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }