Moving forward on CEPA modernization: Key provisions in Bill S-5

Bill S-5 introduces the first federal recognition of the right to a healthy environment in Canada and strengthens the framework for managing toxic substances by prioritizing CMRs and PBiT substances. It introduces accountability mechanisms for substance assessments, such as a 'watch list' and mandatory publication of reasons for delays. However, the document argues that further updates are needed regarding citizen lawsuits, national air quality standards, consumer product labelling, genetically modified animals, ocean dumping, First Nations reserve land protections, and plastic waste exports.

• Bill S-5 establishes the first recognition of the right to a healthy environment in Canadian federal law, incorporating it into the CEPA preamble and creating a government duty to protect this right while upholding principles of non-regression, intergenerational equity, and environmental justice.
• The legislation updates the management of toxic substances by prioritizing the prohibition of substances that are persistent, bioaccumulative and inherently toxic (PBiT) and those that are carcinogenic, mutagenic or toxic to reproduction (CMRs).
• Bill S-5 introduces several accountability and transparency mechanisms for substance assessments, including a 'watch list' for suspected toxics, a requirement to establish assessment priorities and timelines within two years of royal assent, and a mandate to publish reasons for delays exceeding two years in the Environmental Registry.
• The document identifies significant remaining gaps in CEPA, noting that Canada is the only G-8 country lacking enforceable national air quality standards and that current ocean dumping prohibitions fail to address pollution resulting from negligence or accidents.

APA

Canadian Association of Physicians for the Environment (2023). Moving forward on CEPA modernization: Key provisions in Bill S-5. https://cape.ca/wp-content/uploads/2021/08/S-5-backgrounder-on-revisions-to-CEPA-May-16-2023-.pdf

Chicago

Canadian Association of Physicians for the Environment. Moving forward on CEPA modernization: Key provisions in Bill S-5. 2023. https://cape.ca/wp-content/uploads/2021/08/S-5-backgrounder-on-revisions-to-CEPA-May-16-2023-.pdf.

Wikipedia

{{cite report |author=Canadian Association of Physicians for the Environment |title=Moving forward on CEPA modernization: Key provisions in Bill S-5 |date=16 May 2023 |url=https://cape.ca/wp-content/uploads/2021/08/S-5-backgrounder-on-revisions-to-CEPA-May-16-2023-.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{canadianassociationofphysiciansfortheenvironment2023moving, author = {{Canadian Association of Physicians for the Environment}}, title = {{Moving forward on CEPA modernization: Key provisions in Bill S-5}}, institution = {Canadian Association of Physicians for the Environment}, year = {2023}, month = may, url = {https://cape.ca/wp-content/uploads/2021/08/S-5-backgrounder-on-revisions-to-CEPA-May-16-2023-.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }