ENVI Committee Report

Clause 2

That Bill S-5, in Clause 2, be amended by adding after line 16 on page 1 the following:

“(2.1) The sixth paragraph of the preamble to the French version of the Act is replaced by the following:

qu’il s’engage à adopter le principe de précaution, si bien qu’en cas de risques de dommages graves ou irréversibles, l’absence de certitude scientifique absolue ne doit pas servir de prétexte pour remettre à plus tard l’adoption de mesures effectives visant à prévenir la dégradation de l’environnement.”

That Bill S-5, in Clause 2, be amended by adding after line 36 on page 2 the following:

“Whereas the Government of Canada is committed to openness, transparency and accountability in respect of the protection of the environment and human health;”

That Bill S-5, in Clause 2, be amended by adding after line 41 on page 2 the following:

“Whereas the Government of Canada is committed to implementing a risk-based approach to the assessment and management of chemical substances;”

“not be used as a reason for postponing cost-effective”

“(a.3) in relation to paragraph (a.2), uphold principles such as principles of environmental justice — including the avoidance of adverse effects that disproportionately affect vulnerable populations — the principle of non-regression and the principle of intergenerational equity;”

“healthy environment means an environment that is clean, healthy and sustainable. (environnement sain)”

“precautionary principle means Principle 15 of the 1992 Rio Declaration on Environment and Development, which provides that the lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation if there are threats of serious or irreversible damage. (principe de précaution)”

Clause 5

That Bill S-5, in Clause 5, be amended

(a) by adding after line 42 on page 3 the following:

“(1.1) Without limiting the generality of subsection (1), the implementation framework shall set out

(b) the process under subsection 76.1(1) in respect of the protection of the right to a healthy environment.”

(b) by replacing lines 13 and 14 on page 4 with the following:

“(c) the relevant factors to be taken into account in interpreting and applying that right and in determining the reasonable limits to which it is subject,”

That Bill S-5, in Clause 5, be amended by replacing line 9 on page 4 with the following:

“intergenerational equity, according to which it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs;”

(a) replacing line 27 on page 4 to line 3 on page 5 with the following:

“5.1 (1) The portion of subsection 13(1) of the Act before paragraph (a) is replaced by the following:

Contents of Environmental Registry

13 (1) The Environmental Registry shall contain notices and other documents published or made publicly available by the Ministers or either Minister under this Act, and shall also include, subject to the Access to Information Act and the Privacy Act,”

“registry is publicly accessible and searchable and is in electronic form.”

Clause 9

That Bill S-5, in Clause 9, be amended by deleting lines 10 and 11 on page 6.

Clause 10

That Bill S-5, in Clause 10, be amended by

(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.”

Clause 10.1

Clause 10.1 is deleted.

Clause 11.1

Clause 11.1 is deleted.

Clause 14

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).”

Clause 15

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-”

That Bill S-5, in Clause 15, be amended by replacing lines 26 to 28 on page 10 with the following:

“classification of a substance as a substance that poses the highest risk.”

Clause 16.1

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 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).

(2) For the purposes of subsection (1), methods and strategies to refine the use of vertebrate animals include minimizing pain and distress caused to vertebrate animals used in the generation of data and the conduct of investigations under s 68(a).”

Clause 19

That Bill S-5, in Clause 19, be amended by replacing line 25 on page 15 with the following:

“and publish a plan with timelines”

That Bill S-5, in Clause 19, be amended

(a) by deleting, on line 29 on page 15, the word “may”

(b) by replacing, on line 29 on page 15, the word “specify” with the word “specifies”

That Bill S-5, in Clause 19, be amended by replacing lines 37 to 41 on page 15 with the following:

“the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to replace, reduce or refine the use of vertebrate animals.”

That Bill S-5, in Clause 19, be amended

(a) by deleting lines 1 and 2 on page 16.

(b) by adding after line 30 on page 16 the following:

“(7.1) The Ministers shall review the plan within eight years after it is published and every eight years after that.”

(c) by renumbering subsections of section 73 and amending all references accordingly.

That Bill S-5, in Clause 19, be amended by replacing line 16 on page 16 with the following:

“paragraph 68(a), including the manner in which the public may be provided with information regarding substances or products including, in the case of products, by labelling them.”

Clause 20

That Bill S-5, in Clause 20, be amended

(a) by replacing line 21 on page 17 with the following:

“(3) The Minister shall delete a substance from the List,”

(b) by replacing lines 23 to 25 on page 17 with the following:

“specified on the List, if

(a) an order is made under subsection 90(1) adding the substance to the list of toxic substances in Schedule 1; or

(b) the Ministers no longer have reason to suspect that the substance is capable of becoming toxic.”

That Bill S-5, in Clause 20, be amended by replacing lines 1 to 4 on page 18 with the following:

“(2) The Ministers shall consider the request and decide whether to add the substance to the plan developed under section 73 or deny the request.

(2.1) Within 90 days after the day on which the request is filed, the Minister shall inform the person who filed the request of the decision, how the Ministers intend to deal with it and the reasons”

Clause 21

That Bill S-5, in Clause 21, be amended by adding after line 34 on page 20 the following:

“(8) If more than two years have elapsed after the publication of a statement under paragraph (1)(a) without the Ministers having published a statement under paragraph (6)(b), the Minister shall publish in the Environmental Registry a statement made jointly by the Ministers indicating the reasons for the delay and an estimated time frame within which the statement under paragraph (6)(b) is to be published.”

Clause 22

That Bill S-5, in Clause 22, be amended by replacing line 26 on page 21 with the following:

“amended and the reasons for the amendment in the Environmental Registry and in any other”

That Bill S-5, in Clause 22, be amended by adding after line 27 on page 21 the following:

“(3) The Minister shall include in the annual report required by section 342 a report on the progress made in developing any subsequent proposed regulations or instruments.”

That Bill S-5, in Clause 22, be amended by adding after line 27 on page 21 the following:

“Update on estimated timelines

(4) The report on progress referred to in subsection (3) shall include an update on estimated timelines and reasons for any delay.”

Clause 29

That Bill S-5, in Clause 29, be amended by replacing line 37 on page 24 with the following:

“respecting preventive or control actions, including actions that lead to the use of safer or more sustainable alternatives for the environment or human health, in relation to a”

Clause 39

That Bill S-5, in Clause 39, be amended by

(a) replacing lines 2 to 17 on page 31 with the following:

“106, add a living organism to the Domestic Substances List if

(a) the living organism 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; and

(b) no conditions specified under paragraph 109(1)(a) in respect of the living organism are in effect.

(2) The Minister may, by order, designate any person or class of persons to exercise the power set out in subsection (1).”

(b) replacing lines 20 to 23 on page 31 with the following:

“tion 105(1), 105.1(1) or 112(1) is not being manufactured in Canada or imported into Canada the Minister may delete the living”

New Clause 39.01

That Bill S-5 be amended by adding after line 34 on page 31 the following new clause:

“39.01 Subsection 106(9) of the Act is replaced by the following:

(9) The Minister shall, as soon as possible in the circumstances, publish in the Canada Gazette a notice stating the name of any person to whom a waiver is granted and the type of information to which it relates.”

Clause 39.1

That Bill S-5, in Clause 39.1, be amended by replacing line 35 on page 31 to line 15 on page 32 with the following:

“39.1 The Act is amended by adding the following after section 108:

Consultations

108.1 (1) If the information that the Ministers assess under subsection 108(1) or (2) is in respect of a vertebrate animal or a prescribed living organism or group of living organisms, the Ministers shall consult any interested persons before the expiry of the period for assessing that information.

Notice

(2) Before undertaking consultations, the Minister shall publish a notice of consultation in any manner that the Minister considers appropriate.”

Clause 44.1

That Bill S-5, in Clause 44.1, be amended by replacing lines 21 to 25 on page 35 with the following:

“(g.1) prescribing a living organism or group of living organisms for the purpose of subsection 108.1(1);”

Clause 50

That Bill S-5, in Clause 50, be amended by replacing lines 14 to 16 on page 39 with the following:

“(2) A request for confidentiality shall be submitted, with reasons taking into account the criteria set out in paragraphs 20(1)(a) to (d) of the Access to Information Act, in writing and contain any supplementary information that may be prescribed.”

That Bill S-5, in Clause 50, be amended by adding after line 16 on page 39 the following:

“(3) The Minister shall review a statistically valid representative sample of requests granted under subsection (1) and determine whether, in respect of each of those requests, the person who made the request demonstrated that it concerned any of the following:

(a) trade secrets of any person;

(b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person;

(c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, any person; or

(d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person.

(4) If the Minister determines that the person who made the request did not demonstrate that the request, in whole or in part, concerned information described in any of paragraphs (3)(a) to (d), then, for the purpose of any part of the request that does not concern such information, the request is deemed not to have been made.

(5) The Minister shall include in the annual report required under section 342 the number of requests made under subsection (1), the number of requests reviewed, the number of requests that, in whole or in part, were deemed not to have been made and a summary of the information disclosed under sections 315 to 317.2.

(6) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in this section.”

Clause 53

That Bill S-5, in Clause 53, be amended

(a) by replacing line 1 on page 40 with the following:

“317.1 (1) The Minister may disclose the explicit chemi-”

(b) by replacing line 14 on page 40 with the following:

“(2) The Minister may disclose the explicit biological”

(c) by replacing line 27 on page 40 with the following:

“(3) The Minister shall disclose the explicit chemical or bi-”

That Bill S-5, in Clause 53, be amended by adding after line 29 on page 41 the following:

“317.3 The Minister shall include in the annual report required by section 342 a report respecting the explicit chemical or biological names of substances and the explicit biological names of living organisms disclosed under section 317.1 or 317.2.”

Clause 55

That Bill S-5, in Clause 55, be amended by

(a) replacing line 32 on page 41 with the following:

55 Subsections 332(1) and (2) of the Act are

(b) deleting lines 15 to 35 on page 42.

Clause 57

That Bill S-5, in Clause 57, be amended by replacing line 14 on page 43 to line 4 on page 44 with the following:

“Report — aboriginal peoples

342.1 The Minister shall include in the annual report required by section 342 information related to

(a) consultations with aboriginal peoples and aboriginal governments, including a summary of the key issues raised, in relation to matters under this Act,

(b) the administration of this Act in respect of aboriginal peoples and aboriginal governments, including the measures taken to advance reconciliation as reflected in section 35 of the Constitution Act, 1982 and in the United Nations Declaration on the Rights of Indigenous Peoples Act, and

(c) the key findings or recommendations of any report made under an Act of Parliament in respect of the administration of this Act and aboriginal peoples and aboriginal governments.”

Clause 67.1

Clause 67.1 is deleted.

Schedule 1

That Bill S-5, in Schedule 1, be amended by deleting the reference to “section 68.1”, in the references after the heading “SCHEDULE 1”, on page 53.