In our July 7, 2023, blog we discussed Bill S-5, Strengthening Environmental Protection Act for a Healthier Canada Act (The Act). On February 8, 2024, the Government of Canada announced a consultation regarding how to determine the right to a healthy environment will be implemented.
As we discussed last year, the approach to the protection of human health and the environment under environmental justice (a focus in The Act) is a stark departure from numeric limits on discharges or remediation. This Act includes consideration of “vulnerable populations, vulnerable environments and the risk posed by the cumulative effects of substances and consider class-based assessment approaches” (Norton Rose Fulbright).
Environmental Justice
According to a blog by MLT Aikins, “Key concepts explored include environmental justice, non-regression and intergenerational equity. In addition, the document addresses procedural duties relevant to protecting this right, as well as social, health, scientific and economic factors that may influence reasonable limits.”
Definitions of terms used in The Act include the following:
- Environmental justice: includes the avoidance of adverse effects that disproportionately affect certain populations
- Non-regression: includes maintaining current levels of protection and may also include continuous improvement in environmental and health protection
- Intergenerational equity: includes the importance of meeting the needs of the present generation without compromising the ability of future generations to meet their own needs
How will Bill S-5 affect future environmental permits in urban areas or where environmental justice may be a concern (Image by Jeremy Zhu from Pixabay)?
Initiatives in The Act
The February 8, 2024, announcement includes, “These initiatives under this Act will explore various aspects of environmental equity, including:
- A study to examine the links between race, socio-economic status, and environmental risks
- Identifying measures that can be taken to advance environmental justice and assess, prevent, and address environmental racism
- The importance of meeting the needs of the present generation without compromising those of future ones”
Qualitative Measures
Protection of human health and the environment is integral to developed economies/societies. Environmental protection under the umbrella of environmental justice is more qualitative than quantitative (e.g., numeric limits on discharges/remediation). As a result, environmental permit decisions can be subjective as was the case for a large plastics plant in the United States in 2022. In this case, a judge citing environmental justice blocked a $9.4 billion plant though they had received all of their environmental permits (14 in all).
Reasonable Limit
Last summer, the law firm Norton Rose Fulbright wrote of Bill S 5, “With the implementation framework having not yet been established, the question remains as to whether the amendments will provide the public with any additional means to hold the government accountable to protect this right when administering CEPA. It is also unclear what will constitute a ‘reasonable limit’ on the right to a healthy environment and how the right will be weighed against other ‘social, health, scientific and economic factors.’”
With this said, stakeholders may want to review the Discussion Document issued in February 2024. The comment period is open until April 8, 2024.
If you need assistance with an environmental issue, contact Christopher Pare’, 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 holds 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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