On June 14th, 2023, Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act, received Royal Assent. CAPE joins in celebrating Canada’s first law recognizing the right to a healthy environment and updates to the CEPA framework for toxic substances.

In a news conference held after the bill’s passage into law, Environment Minister Steven Guilbeault and the bill’s sponsor Senator Stan Kutcher acknowledged environmental and health groups support for the strengthened bill.

The CAPE community played an important role in strengthening this bill, from testifying before the Senate and House committees, to sending messages to the Ministers and MPs, to directly meeting with MPs and Senators during CAPE Lobby Day, to writing commentaries for various publications. You shared the message that modernizing the Canadian Environmental Protection Act (CEPA),1999 is critical for the health and well-being of all people in Canada and decision-makers listened.

The Government of Canada posted a backgrounder and summary of amendments to Bill S-5 outlining how they strengthen Canada’s cornerstone environmental law. Among other changes,

• It introduces long-overdue updates for the control of toxic substances and dangerous chemicals, which includes requiring that priority be given to the prohibition of  the most hazardous substances. The bill also updates the framework for assessing and managing toxic substances and improves transparency and accountability.
• The right to a healthy environment will be recognized for the first time under federal law. The legislation establishes a new duty for the government to uphold the principles of environmental justice, intergenerational equity, and non-regression — ensuring environmental protections cannot be rolled back. It also requires the federal government to consider the cumulative impacts of toxics, and their effects on vulnerable populations.

As quoted in the Government of Canada News Release CAPE Board President Dr. Melissa Lem said: “The passage of Bill S-5 today brings long-awaited reforms to the Canadian Environmental Protection Act (CEPA) – and this is good news for environmental and human health, and environmental justice.” This is good news for all people in Canada and welcome news for health professionals whose patients suffer the negative health effects of polluted environments every day.

As we celebrate this good news, we are making plans moving forward. We will need to work with the government and hold them accountable as they get to work on implementing the modernized CEPA. And we will be working on developing and sharing our priorities and recommendations for additional changes to CEPA in a future bill based on our ongoing analysis of the needs.

If you would like more information or want support for your efforts to make CEPA reform a priority, please get in touch with Jane McArthur, Toxics Program Director, at jane@cape.ca.

Additional CAPE Resources on CEPA and Bill S-5:

Government Briefings and Communications:

• Joint Submission: Comments on the Right to a Healthy Environment in CEPA Implementation Framework Discussion Document April 2024
• Briefing Note: BRIEFING NOTE_ CANADIAN ENVIRONMENTAL PROTECTION ACT (CEPA) BILL TO ADDRESS UNFINISHED BUSINESS FROM BILL S-5, February 2024
• Backgrounder: Moving forward on CEPA modernization – key provisions in Bill S-5, May 2023
• Bill S5 Brief to ENVI English, November 2022
• Updated Briefing Note (September 2022): Briefing Note_S-5_Priority Amendments_Final_08.31.2022.docx (1)
• Press Statement June 21, 2022: Environmental and health groups call out big polluters for lobbying the Senate to weaken and delay environmental protection bill
• Press release, June 9, 2022: Long-awaited environmental protection bill one step closer to becoming law
• Joint S-5 Submission to Standing Committee ENEV April 25, 2022
• CAPE a signatory on a letter to Senator Kutcher re: Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act (February 2022)
• Press Release, February 9, 2022, CAPE and other environmental groups react to the introduction of Bill S-5 in the Senate
• Updated Briefing Note, December 2021 “Modernizing the Canadian Environmental Protection Act — Canada’s pollution and toxics law“
• As a member of the newly formed Coalition for Action on Toxics in 2017, CAPE wrote to Parliament and issued a statement on the need for CEPA reform.
• This briefing note, “Modernizing the Canadian Environmental Protection Act — Canada’s pollution and toxics law, ”  provides background and details on CEPA and Bill C-28 (updated August 2021).
• The briefing note, “Women’s health and the Canadian Environmental Protection Act,” outlines disproportionate health impacts of toxics and pollution by women
• In a joint letter, we asked for prioritizing Bill C-28 on the House agenda.
• A follow-up letter with recommended amendments to Bill C-28 was sent.

Media and Public Engagement:

• Bill S-5 backgrounder on revisions to CEPA May 16 2023: S-5 backgrounder on revisions to CEPA May 16 2023
• Press Release: House of Commons must make passing Bill S-5 a priority
• Press Release: Senate passes first major update to Canadian Environmental Protection Act in two decades
• Opinion: Admit it, you don’t know what CEPA reform means
• Opinion: We can’t wait any longer for modern environmental protection
• Opinion: Health Workers must help write a happy ending to CEPA Reform
• OpEd: For a healthier, more equitable present and future, it’s time to bring CEPA into the 21st century  
• OpEd: Think adverse environmental effects affect people equally? Ask these women 
• CAPE joined other health and environmental groups welcoming Bill C-28 to modernize CEPA
• CAPE participated in the Ecojustice Webinar on the Right to a Healthy Environment in CEPA Reform
• CAPE Blog Post: Why the legal right to a healthy environment matters to our day-to-day realities
• Guest column: Everyone should have legal right to healthy environment