On October 2, 2024, Steven Guilbeault, Ministry of Environment and Climate Change Canada (ECCC) and Mark Holland, Minister of Health Canada (HC) announced a framework to “protect the right to a healthy environment through the modernization and administration of the Canadian Environmental Protection Act” (CEPA).
In the announcement, they state that the public will have an opportunity to comment on several initiatives including the following:
- A Draft Implementation Framework on the Right to a Healthy Environment under the Canadian Environmental Protection Act, 1999
- A proposed Watch List Approach for substances of concern that have hazardous properties but are not currently defined as toxic
- A proposed Plan of Priorities describing how the government will address chemical substances in Canada
- A Draft Strategy to Replace, Reduce, or Refine Vertebrate Animal Testing
Steven Guilbeault said, “For decades, certain communities have been disproportionately affected by toxic pollution, waste, landfills, and dumps. We are publishing these initiatives because Canadians want ambitious and strong environmental action. Protecting the right to a healthy environment requires integrating Indigenous knowledge and upholding the principle of environmental justice when guiding decisions under the Canadian Environmental Protection Act, 1999.”
Right to a Healthy Environment
The draft implementation framework sets out how the Government of Canada will fulfill its duty to consider the right of every individual in Canada to a healthy environment in the administration of CEPA and “guides decision-making by outlining substantive and procedural elements of the right to a healthy environment under CEPA.”
Source: “Draft Implementation Framework for the Right to a Healthy Environment in the Canadian Environmental Protection Act, 1999.”
Reflecting Mr. Guilbeault’s statement, the Right to a Healthy Environment initiative has a strong environmental justice focus. For example, ECCC states that the “Principles to be considered in the administration of CEPA, such as the principles of environmental justice, non-regression and intergenerational equity…”
We discussed environmental justice becoming law in our July 25, 2024, blog.
The Federal Government Announces Framework to “Modernize” CEPA (image by Łukasz Winiarski from Pixabay).
Proposed Watch List Approach
This proposed Watch List Approach outlines how ECCC and HC will meet the “legislated requirement of compiling and amending the Watch List.”
The Watch List will include a list of substances that have been assessed as not currently meeting the criteria for toxic substances under Section 64 of CEPA and may be of potential concern if exposure or hazardous characteristics were to change in the future. “The Watch List will not impose new or additional requirements or restrictions on a substance, and would not supersede or modify any Act, regulation or legal obligation.”
(Source: “Implementing the modernized Canadian Environmental Protection Act: proposed Watch List Approach”).
To read more, see, “Strengthening protections from pollution and the right to a healthy environment.”
There is a 60-day comment period, which began on October 5, 2024.
If you need assistance with an environmental permit, contact Christopher Paré, P.Geo., Q.P., at 519-948-7300, Ext. 114.
Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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