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

This briefing by the Canadian Association of Physicians for the Environment outlines the key provisions of Bill S-5, which modernizes the Canadian Environmental Protection Act, 1999 (CEPA). The bill introduces the right to a healthy environment into federal law and strengthens the framework for assessing and managing toxic substances, while the authors identify several remaining gaps in environmental protection and enforcement.

• Bill S-5 introduces the first recognition of the right to a healthy environment in Canadian federal law via the CEPA preamble. It establishes a government duty to protect this right and uphold principles of environmental justice, intergenerational equity, and non-regression, defining a healthy environment as one that is "clean, healthy and sustainable."
• The legislation strengthens the management of toxic substances by prioritizing the prohibition of substances that are persistent, bioaccumulative and inherently toxic (PBiT), as well as those that are carcinogenic, mutagenic or toxic to reproduction (CMRs). It also introduces a "watch list" for substances suspected of becoming toxic to prevent "regrettable substitution."
• Bill S-5 implements new accountability and transparency mechanisms for substance assessments. The government must establish priorities and timelines for assessments within two years of royal assent, with updates every eight years. Additionally, the Minister must publish reasons for any delay in finalizing a substance assessment that exceeds two years.
• The briefing identifies several areas where CEPA remains insufficient, including the lack of enforceable national air quality standards—making Canada the only G-8 country without them—and the existence of a loophole in ocean dumping prohibitions that only addresses intentional dumping rather than accidents or negligence.
• The document highlights ongoing gaps in environmental protection for First Nations reserve lands, noting that regulatory and capacity gaps have negatively impacted Inherent and Treaty rights. It calls for a comprehensive approach to protection and management co-developed with First Nations.

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} }