ENVI Committee Meeting
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Minutes of Proceedings
John Moffet, Laura Farquharson and Greg Carreau answered questions.
The committee resumed its clause-by-clause study of the Bill.
On Clause 7,
Pursuant to the order adopted by the committee on Tuesday, December 14, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved : That Bill S-5, in Clause 7, be amended by replacing line 23 on page 5 with the following:“referred to in paragraph 2(1)(a.2) and in applying the principles set out in that paragraph.”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Laurel Collins, Greg McLean, Monique Pauzé — 3;
NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 8.
Clause 7 carried on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
Clause 8 carried on division.
On Clause 9,
Greg McLean moved, — That Bill S-5, in Clause 9, be amended by deleting lines 10 and 11 on page 6.After debate, the question was put on the amendment of Damien C. Kurek and it was agreed to on the following recorded division:
YEAS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 10;
NAYS: Laurel Collins — 1.
Clause 9, as amended, carried on division.
On Clause 10,
Pursuant to the order adopted by the committee on Tuesday, December 14, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved : That Bill S-5, in Clause 10, be amended by replacing line 12 on page 6 to line 35 on page 7 with the following:“10 Sections 56 to 59 of the Act are replaced by the following:
56 (1) Within three months after the day on which this section comes into force, the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate, a notice requiring any person or class of persons described in the notice to notify the Minister without delay if the person or class of persons manufactures, uses, processes, imports or releases
(a) a substance or group of substances specified on the list of toxic substances in Schedule 1;
(b) a substance or group of substances with respect to which subsection 166(1) or 176(1) applies; or
(c) a product that contains a substance specified on the list of toxic substances in Schedule 1 or that could release such a substance into the environment.
(2) The notice may
(a) require a person or class of persons to indicate the commercial, manufacturing, processing or other activity in which the person engages in relation to the substance or product; and
(b) specify any administrative matter necessary for the purposes of this section.
(3) Subject to subsections (4) to (6), as of the second anniversary of the day on which this section comes into force, it is prohibited for a person or class of persons to manufacture, import, process, use or release a substance set out in any of the following items of Schedule 1, or a product containing such a substance, unless they have made an application for a permit in respect of a pollution prevention plan:
(a) items 1 and 2;
(b) item 13;
(c) items 16 and 17;
(d) item 39;
(e) item 66;
(f) item 69;
(g) item 72;
(h) items 83 and 84;
(i) item 103;
(j) item 113;
(k) item 118;
(l) item 120;
(m) item 125;
(n) item 127;
(o) item 136; and
(p) item 144.
(4) An application referred to in subsection (3) is not complete unless the applicant provides the Minister with a pollution prevention plan that includes an analysis of the alternatives prepared in accordance with this Act and the regulations.
(5) The Minister shall not issue a permit authorizing a person to manufacture, import, process, use or release the substance or product if it
(a) is carcinogenic, mutagenic or toxic for reproduction, in accordance with the regulations;
(b) is persistent, bioaccumulative and toxic, in accordance with the regulations; or
(c) is an endocrine disruptor or has been determined by means of scientific analyses as being likely to have a harmful effect on the environment or human health.
(6) Subsection (5) does not apply if the applicant satisfies the Minister that
(a) the socioeconomic benefits of an activity referred to in subsection (5) in respect of the substance or product outweigh the risk it poses to the environment or human health; and
(b) the analysis of alternatives provided under subsection (4) demonstrates that there are no economically and technically viable alternatives that are safer for the environment or human health.
(7) If the analysis of alternatives provided by the applicant under subsection (4) satisfies the Minister that there are alternatives to the substance or product or alternative technologies that are safer for the environment or human health, the applicant shall, if they have not already done so, provide the Minister with a plan for the development and use of the alternatives.
(8) If the Minister accepts the plan, the Minister may amend it before approving it.
(9) The plan is subject to the requirements under this Act regarding virtual elimination.
(10) Subject to subsections (11) to (13), as of the fifth anniversary of the day on which this section comes into force, it is prohibited for a person or class of persons to manufacture, import, process, use or release a substance or product described in any of paragraphs (1)(a) to (c), other than those referred to in subsection (3), unless the Minister has issued them a permit in respect of a pollution prevention plan.
(11) An application for a permit is not complete unless the applicant provides the Minister with a pollution prevention plan that includes an analysis of the alternatives prepared in accordance with this Act and the regulations.
(12) The Minister shall not issue a permit authorizing a person to manufacture, import, process, use or release the substance or product if it
(a) is carcinogenic, mutagenic or toxic for reproduction, in accordance with the regulations;
(b) is persistent, bioaccumulative and toxic, in accordance with the regulations; or
(c) is an endocrine disruptor or has been determined by means of scientific analyses as being likely to have a harmful effect on the environment or human health.
(13) Subsection (12) does not apply if the applicant satisfies the Minister that
(a) the socioeconomic benefits of an activity referred to in subsection (12) in respect of the substance or product outweigh the risk it poses to the environment or human health; and
(b) the analysis of alternatives provided under subsection (11) demonstrates that there are no economically and technically viable alternatives that are safer for the environment or human health.
(14) If the analysis of alternatives provided by the applicant under subsection (11) satisfies the Minister that there are alternatives to the substance or product or alternative technologies that are safer for the environment or human health, the applicant shall, if they have not already done so, provide the Minister with a plan for the development and use of the alternatives.
(15) The Minister may amend the plan before approving it or may reject it.
(16) The plan is subject to the requirements under this Act regarding virtual elimination.
(17) If a substance or group of substances is added to the list of toxic substances in Schedule 1 after the day on which this section comes into force, subsections (3) to (9) apply.
(18) For the purposes of this section, an endocrine disruptor is a substance or product that is capable of disrupting the endocrine system of an organism or its progeny, including by disrupting the synthesis, secretion, transport or elimination of natural hormones or their receptors, in a manner that affects cellular signalling and gene expression that is responsible for the maintenance of the homeostasis, reproduction, development, immune function, tissue health and behaviour of the organism.”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.
(a) replacing line 26 on page 6 to line 23 on page 7 with the following:
(1.1) The notice may include a requirement that the plan prioritize the identification, development or use of safer or more sustainable alternatives to the substance, group of substances or product.
(b) replacing lines 28 to 35 on page 7 with the following:
(3) Subsection 56(4) of the Act is replaced by the following:
(4) The Minister shall publish in the Environmental Registry and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or the implementation of the plan, and the duration of the period of the extension.
(4) Section 56 of the Act is amended by adding the following after subsection (5):
(6) A notice under subsection (1) may include a requirement that the person to whom the notice is directed file with the Minister, within the periods specified in the notice, written reports on their progress in implementing the plan.
Debate arose thereon.
(a) replacing line 26 on page 6 to line 23 on page 7 with the following:
“(1.1) The notice may include a requirement that the plan prioritize the identification, development or use of safer or more sustainable alternatives to the substance, group of substances or product.”
(b) replacing lines 28 to 35 on page 7 with the following:
“(3) Subsection 56(4) of the Act is replaced by the following:
(4) The Minister shall publish in the Environmental Registry and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or the implementation of the plan, and the duration of the period of the extension.
(4) Section 56 of the Act is amended by adding the following after subsection (5):
(6) A notice under subsection (1) may include a requirement that the person to whom the notice is directed file with the Minister, within the periods specified in the notice, written reports on their progress in implementing the plan.”
Debate arose thereon.
By unanimous consent, Clause 10 was allowed to stand.
On Clause 11,
Pursuant to the order adopted by the committee on Tuesday, December 14, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved : That Bill S-5, in Clause 11, be amended by replacing lines 11 to 21 on page 8 with the following:“11 Section 60 of the Act is replaced by the following:
60 (1) For the purposes of subsections 56(4) and (11), the content of a pollution prevention plan in respect of a substance or a product described or referred to in subsection 56(1) or (3) must include consideration of
(a) the uses and functions of the substance or product;
(b) the uses that result in the highest level of dispersion of or exposure to the substance or product indoors, at the workplace and in the natural environment;
(c) the risks posed by the use of the substance or product to the environment and human health, including the health of vulnerable populations;
(d) whether any of the existing uses of the substance or product are unnecessary;
(e) in the case of a necessary use, the corporate or public policy implications of a reduction in the use;
(f) changes that could be made to production processes or materials that would reduce or eliminate the use or production of the substance or product and reduce the risk of harm to the environment or human health, without increasing the risk for other environmental or human health pathways, including by means of
(i) input substitution,
(ii) product reformulation,
(iii) production unit redesign, modification or modernization,
(iv) improved operation and maintenance of production unit equipment and methods, and
(v) the recycling, reuse or extended use of the substance or product;
(g) the availability of alternatives, including non-chemical alternatives, that could fulfil the uses and functions of the substance or product;
(h) whether any alternatives would be safer than the substance or product or would require further study; and
(i) the economic and technical feasibility, opportunities and costs associated with adopting and implementing any safer alternatives to the substance or product.
(2) The pollution prevention plan must also include
(a) a proposed course of action for the substance or product, including whether any of its uses should continue to be authorized or not;
(b) a signed statement that is binding on the owner of the facility at which the substance or product is manufactured, imported, processed, used or released certifying that
(i) the signatory has read and is familiar with the pollution prevention plan,
(ii) to the best of the signatory's knowledge, the plan is accurate and complete, and
(iii) it is the policy of the facility to meet the objectives of the plan within the timelines specified in the plan;
(c) a statement signed by a scientist or engineering professional that certifies that the plan meets the requirements of this Act, is complete and provides for objectives and timelines in respect of the substance or product, including a consumer product, that are capable of being met; and
(d) any other prescribed matter.
(3) The pollution prevention plan must not provide for or promote
(a) incineration;
(b) the transfer from one medium of release or discharge to another;
(c) off-site waste recycling;
(d) with respect to the management of waste, the end-of-pipe treatment of a substance or product; or
(e) pollution abatement measures for toxic substances.
(4) For the purposes of subsections 56(7) and (14), the content of a plan for the development and use of alternatives to a substance or a product described or referred to in subsection 56(1) or (3) (in this section referred to as a “substitution plan“) must include the following elements if those elements are not addressed in the pollution prevention plan:
(a) the objectives of the substitution plan and the timelines for achieving the substitution of the substance or product; and
(b) a statement of how safer alternatives are to substitute for specified uses of the substance or product, including in relation to consumer products containing the substance.
(5) If the Minister determines that implementation of the substitution plan could take longer than a year, the Minister may require that measures be included in the plan to ensure plain language labelling of products containing the substance that indicates any risks posed by the use of the product to the environment or human health, including the health of vulnerable populations.
(6) The substitution plan must also include
(a) a signed statement that is binding on the owner of the facility at which the substance or product is manufactured, imported, processed, used or released certifying that
(i) the signatory has read and is familiar with the plan,
(ii) to the best of the signatory’s knowledge, the substitution plan is accurate and complete, and
(iii) it is the policy of the facility to meet the objectives of the plan within the timelines specified in the plan; and
(b) a statement signed by a scientist or engineering professional that certifies that the plan meets the requirements of this Act, is complete and provides for objectives and timelines regarding the substance or product, including a consumer product, that are capable of being met; and
(c) any other prescribed matter.
(7) For the purposes of subsection (1), input substitution means the replacement of a toxic substance or hazardous raw material used in a production unit with a non-toxic or less toxic substance or material.
(8) In this section, consumer product has the same meaning as in section 2 of the Canada Consumer Product Safety Act.”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.
Clause 11 carried on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
On Clause 12,
Pursuant to the order adopted by the committee on Tuesday, December 14, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved : That Bill S-5, in Clause 12, be amended by replacing line 33 on page 8 with the following:“12 Sections 65 and 65.1 of the Act are replaced by the following:
65 (1) In this Part, virtual elimination means, in respect of a toxic substance specified on the list of toxic substances in Schedule 1,
(a) if the substance or a class of substances to which it belongs appears in the List referred to in subsection (2), the cessation of the intentional production, use, release, export, distribution or import of the substance; or
(b) if the substance is a by-product in the production or use of another substance, changes to processes or practices, or substitution of material or products, to prevent the substance from being produced.
(2) The Ministers shall compile a list to be known as the Virtual Elimination List.”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.
Clause 12 carried on division.
By unanimous consent, Clauses 10.1 and 11.1 carried on division severally.
Clause 13 carried on division.
On Clause 14,
Terry Duguid moved, — That Bill S-5, in Clause 14, be amended by(a) replacing lines 9 to 15 on page 9 with the following:
“81, add a substance to the Domestic Substances List if
(a) the substance was included on the version of the Revised In Commerce List that was prepared by the Minister of Health after the end, on November 3, 2019, of acceptance of substance nominations to that List and that is referred to in the Canada Gazette, Part I, Volume 152, Number 44, as the static list;
(b) the substance is not referred to in Annex I to the notice entitled “Removal of substances with no commercial activity from the Revised In Commerce List” published in the Canada Gazette, Part I, Volume 156, Number 8; and
(c) no conditions specified under paragraph 84(1)(a) in respect of the substance are in effect.”
(b) replacing lines 18 to 27 on page 9 with the following:
“(2) The Minister may, by order, designate any person or class of persons to exercise the powers set out in subsection (1).”
After debate, the question was put on the amendment of Terry Duguid and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
Clause 14, as amended, carried on division.
On Clause 15,
Terry Duguid moved, — That Bill S-5, in Clause 15, be amended by replacing line 23 on page 10 with the following:“conditions, test procedures and laboratory practices to be followed for replacing, reducing or re-”
After debate, the question was put on the amendment of Terry Duguid and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
“classification of a substance as a substance that poses the highest risk.”
Debate arose thereon.
Laurel Collins moved, — That the amendment be amended by adding after the words “substance that” the following: “is carcinogenic, mutagenic, toxic to reproduction or”.
After debate, the question was put on the subamendment of Laurel Collins and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.
The question was put on the amendment of Terry Duguid and it was agreed to on the following recorded division:
YEAS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9;
NAYS: Laurel Collins, Monique Pauzé — 2.
Clause 15, as amended, carried on division.
Clause 16 carried on division.
On Clause 16.1,
Leah Taylor Roy moved, — That Bill S-5, in Clause 16.1, be amended by replacing lines 3 to 21 on page 12 with the following:“Restriction — vertebrate animals
68.1 (1) The Ministers shall, to the extent practicable, use scientifically justified alternative methods and strategies to replace, reduce or refine the use of vertebrate animals in the generation of data and the conduct of investigations under paragraph 68(a).”
Debate arose thereon.
On motion of Terry Duguid, it was agreed, — That the committee do now adjourn.
At 12:54 p.m., the committee adjourned to the call of the Chair.