432-00882 (Environment)

On April 13, 2021, the Minister of Environment and Climate Change introduced Bill C-28, the Strengthening Environmental Protection for a Healthier Canada Act. The Bill proposes that the Government recognize in the preamble of the Canadian Environmental Protection Act (CEPA) that every individual in Canada has a right to a healthy environment as provided under that Act. This would be the first time that such a right is recognized in a federal statute in Canada.

Amendments related to this proposal include a duty on the Government to protect that right when administering the Act, which may be balanced with relevant factors. The amendments also require that the Government develop an implementation framework to set out how that right will be considered in the administration of the Act. The implementation framework will, among other things, elaborate on:

• the principles to be considered in the administration of the Act, such as environmental justice (e.g., avoiding disproportionate impacts on vulnerable populations) and non-regression (e.g., continuous improvement in environmental protection);
• research, studies, or monitoring activities to support the protection of a right to a healthy environment; and,
• the balancing of that right with relevant factors, including social, health, economic, and scientific considerations.

The implementation framework would be developed with input from Canadians, including Indigenous groups, civil society organizations, and industry, within two years of the amendments coming into force. This framework is expected to provide guidance on how a right to a healthy environment as provided under CEPA would be considered in decision-making processes under the Act, and would also set out a path for progressive, continuous improvement in environmental protection.

In addition to the amendments related to a right to a healthy environment under CEPA as proposed in Bill C-28, the Government currently takes action under the Chemicals Management Plan to help protect Canadians from environmental contaminants. This includes Indigenous peoples and vulnerable populations, who may be disproportionately exposed to and/or negatively impacted by harmful substances due to factors such as age, behaviour, health status, geography, culture, socio-economics, and the environment.

The Government also conducts research and biomonitoring studies to generate critical data to increase its ability to understand, assess, and manage risks associated with exposure to harmful chemicals. For instance, since 2008, the longitudinal Maternal-Infant Research on Environmental Chemicals study has studied the same families from early pregnancy through delivery and childhood to obtain national-level biomonitoring data on maternal, fetal, infant, and child exposure to certain chemicals. In addition, the Government supports biomonitoring of contaminants of concern in the North through the Northern Contaminants Program.

The Government of Canada is also committed to taking action to protect Canadians from the health impacts of climate change. This includes investments to help protect the health of Canadians from the impacts of climate change and increase the resilience of our health systems. These funds, $125 million over 11 years starting in 2016, support needed activities such as research, education, and capacity building so that Canadians are more resilient to the challenges presented by climate change.

On April 13, 2021, the Government of Canada delivered on the September 2020 Speech from the Throne commitment to modernize the Canadian Environmental Protection Act, 1999 (CEPA). Bill C-28, Strengthening Environmental Protection for a Healthier Canada Act, proposes that, for the first time in a federal law, the Government recognize, in the preamble of CEPA, that every individual in Canada has a right to a healthy environment as provided under that Act.

Amendments related to the proposal to recognize, in the preamble, a right to a healthy environment under CEPA also include a duty on the Government to protect that right when administering the Act, which right may be balanced with relevant factors. The amendments also include a requirement on the Minister of Environment and Climate Change and the Minister of Health to conduct research, studies or monitoring activities to support the Government in protecting that right, along with a requirement to develop an implementation framework to set out how that right will be considered in the administration of the Act. The implementation framework will, among other things, elaborate on:

• the principles to be considered in the administration of the Act such as environmental justice (e.g., avoiding disproportionate impacts on vulnerable populations) and non-regression (e.g., continuous improvement in environmental protection);
• research, studies or monitoring activities to support the protection of a right to a healthy environment;
• the balancing of that right with relevant factors including social, health, economic and scientific factors. 

As a right to a healthy environment as provided under CEPA is a new concept in federal law and policy, the implementation framework will be developed with input from Canadians, including Indigenous groups, civil society organizations and industry, within two years of the amendments coming into force. 

The Minister of Environment and Climate Change will be required to publish the framework and annually report on its implementation. 

The implementation framework is expected to not only provide guidance on how a right to a healthy environment as provided under CEPA will be considered in decision-making processes under the Act, but also to set out a path for progressive, continuous improvement in environmental protection. 

The recognition of a right to a healthy environment under CEPA is complemented by other amendments such as:

• recognizing, in the preamble, the importance of considering vulnerable populations in risk assessments and of minimizing the risks posed by exposure to toxic substances and the cumulative effects of toxic substances;
• defining a “vulnerable population” in a manner that captures biological susceptibility and potential exposure;
• explicitly recognizing that the Government’s duty to exercise its powers in a manner that protects the environment and human health includes the health of vulnerable populations;
• requiring the Minister of Health to conduct biomonitoring surveys as part of the obligation to conduct research and studies in relation to the health effects of substances, which may include vulnerable populations.

Furthermore, Canadians are already feeling the impacts of climate change and extreme weather such as the changing intensity and frequency of flooding, storms, wildfires, coastal erosion, extreme heat events, thawing permafrost, and sea level rise. These impacts pose significant risks to the safety, security, health, and well­being of all Canadians, our communities, the economy, and the natural environment. 

Following adoption of the Paris Agreement in December 2015, the United Nations Framework Convention on Climate Change (UNFCCC) invited the Intergovernmental Panel on Climate Change (IPCC) to prepare a Special Report on the impacts of global warming of 1.5 degrees and related global greenhouse gas emission pathways. Released in October 2018, the report found that globally net anthropogenic carbon dioxide emissions need to reach 'net zero' by around 2050 to meet this goal. 

To contribute to the achievement of the Paris Agreement, and in pursuit of efforts to limit the temperature increase to 1.5°C above pre-industrial levels, the Government of Canada is committed to a new 2030 emissions reduction goal of reducing greenhouse gas (GHG) emissions by 40-45% below 2005 levels, and working to achieve net-zero emissions by 2050. The goal of achieving net-zero emissions by 2050 also responds to the IPCC's latest scientific assessment. 

Canada's climate plan, the Pan-Canadian Framework on Clean Growth and Climate Change (PCF), adopted on December 9, 2016, is a comprehensive plan which includes both individual and joint federal, provincial, and territorial climate actions to reduce emissions, accelerate clean economic growth, and build resilience to the impacts of climate change. This plan was developed in collaboration with provinces and territories, and with input from Indigenous peoples, businesses, civil society, and Canadians across the country. 

The PCF outlines over 50 concrete measures to reduce carbon pollution, help us adapt and become more resilient to the impacts of a changing climate, foster clean technology solutions, and create good jobs that contribute to a stronger economy. Key measures include:

• regulating methane emissions in the oil and gas sector, which will reduce carbon pollution by about 16.5 million tonnes in 2030;
• accelerating the phase-out of coal-fired electricity generation by 2030 as part of our efforts to have 90% of electricity from non-emitting sources, and supporting workers and communities transition to a low-carbon economy;
• developing “net-zero energy ready” building codes to be adopted by 2030 for new buildings;
• establishing mandatory labeling of building energy use to provide businesses and consumers with information on energy performance, and setting new standards to improve the energy efficiency of appliances and equipment;
• increasing the stringency of emissions standards for light- and heavy-duty vehicles, and taking steps to improve efficiency and support fuel switching in the rail, aviation, marine, and off-road sectors;
• adopting a Climate Lens to ensure that future climate impacts are considered and addressed in all federally funded infrastructure projects; and
• establishing a new Canadian Centre for Climate Services giving Canadians better access to climate science and information. 

Canada’s climate plan is working. Canada’s 2019 GHG emissions projections estimated that Canada’s GHG emissions in 2030 will be 227 million tonnes lower than projected prior to the Pan-Canadian Framework. This improvement, equivalent to approximately a third of Canada’s emissions in 2005, is widespread across all economic sectors reflecting the breadth and depth of the Pan-Canadian Framework. 

The Government continues to work with partners and stakeholders to fully implement the Pan-Canadian Framework on Clean Growth and Climate Change. However, the Government of Canada recognizes that more action is needed. This is why, on December 11, 2020, the Government of Canada announced A Healthy Environment and a Healthy Economy – Canada’s strengthened climate plan. The plan includes ambitious federal policies and programs to accelerate the fight against climate change, create new, well-paying jobs, make life more affordable for households, and build a better future, including steps to:

• make the places Canadians live and gather more affordable by cutting energy waste;
• make clean, affordable transportation and power available in every Canadian community;
• continue to ensure that pollution isn’t free and that households get more money back;
• build Canada’s clean industrial advantage; and
• embrace the power of nature to support healthier families and more resilient communities. 

This plan builds on the Pan-Canadian Framework and key climate action measures announced in the 2020 Fall Economic Statement (November 30, 2020), including investments in home energy retrofits, zero emission vehicle infrastructure, nature-based climate solutions (e.g. planting 2 billion trees, climate smart ecosystems, support for commercial tree planting), and strategic interties. 

Since the adoption of the Pan-Canadian Framework in 2016, the Government of Canada has invested roughly $60 billion toward climate action and clean growth. With the release of the strengthened climate plan, the Government of Canada committed to over 60 measures, including an additional investment of $15 billion, to advance our ambitious climate goals and strengthen our clean economy. The Government has since expanded on these investments and committed an additional $15 billion for public transit and active transportation projects, and $17.6 billion in new, green recovery measures announced under Budget 2021. Additional investments in Canada’s Net-Zero Accelerator, new support for world-leading clean technologies, and investments to help more than 200,000 Canadians make their homes greener and more affordable, will help build a clean economy, reduce pollution, and help Canada reach net-zero emissions by 2050. 

The Government also acknowledges the disproportionate effects of climate change for Indigenous peoples, and that existing challenges and health stressors for Indigenous peoples are exacerbated by the impacts of natural disasters and environmental degradation including wildfires, permafrost thaw, changing wildlife patterns, diminishing access to traditional food sources, and flooding. To help support Indigenous peoples advance their climate priorities and adapt to the changing climate, the Government of Canada is committed to renewed nation-to-nation, Inuit-to-Crown and government-to-government relationships with First Nations, Inuit, and Métis peoples based on the recognition of rights, respect, cooperation, and partnership. The Government of Canada also supports without qualification the United Nations Declaration on the Rights of Indigenous Peoples, including free, prior, and informed consent. Supporting self-determined climate action is critical to advancing Canada’s reconciliation with Indigenous peoples. 

To support these commitments, Canada’s strengthened climate plan, A Healthy Environment and a Healthy Economy, builds on the foundational principles of Indigenous climate leadership including: 

• recognizing the unique realities, needs, and priorities of Indigenous peoples across and within distinctions;
• respecting and promoting self-determination;
• advancing early and meaningful engagement;
• incorporating inclusiveness-by-design principles in all of its climate actions;
• advancing co-development and other collaborative approaches to find solutions;
• creating a space for Indigenous voices across and within distinctions;
• positioning Indigenous peoples to have a say at governance tables; and
• supporting Indigenous approaches and ways of doing by acknowledging traditional, local, and Indigenous Knowledge systems as an equal part in policy development, programs, and decision-making. 

In addition to taking historic climate action at home, we recognize that climate change is a global threat and countries around the world need to do more, on a faster timeline. That is why Canada and the United States (U.S.) forged a renewed bilateral relationship on February 23, 2021, through the release of the Roadmap for a Renewed U.S.-Canada Partnership, and the launch of the U.S.-Canada High Level Ministerial Dialogue on Climate Ambition, www.canada.ca/en/environment-climate-change/news/2021/02/canada-us-high-level-climate-ministerial.html. 

We committed to working together to increase ambition under the Paris Agreement, as exemplified by the announcement of Canada’s new 2030 emission reductions target at the Leaders Summit on Climate in April 2021, and to achieving net-zero emissions by 2050. We will also explore taking a continental approach to addressing methane emissions reductions in the oil and gas sectors, standards for light-duty and heavy-duty vehicles, and setting a 100% zero-emissions vehicles sales target. 

The investments made in Budget 2021, along with other action including strengthened alignment with the United States to further cut pollution from transportation and methane emissions, mean that Canada is now positioned to reduce emissions by about 36% below 2005 levels by 2030. The Government of Canada is committed to working with provinces and territories to advance shared priorities that will further lower emissions including on a regional and bilateral basis. Additional federal, provincial, and territorial measures will build on the progress that proposed federal measures will achieve leading to further emission reductions. The Government of Canada will also continue to partner with First Nations, Inuit, and the Métis Nation to advance Indigenous climate leadership and ensure that federal policies and programs are designed to address Indigenous peoples’ climate priorities. 

In addition, on November 19, 2020, the Government of Canada tabled the Canadian Net-Zero Emissions Accountability Act, which delivers on the Government’s commitment to legislate Canada’s target of net-zero greenhouse gas emissions by 2050. Once the bill becomes law, it will establish a legally binding process for the Government of Canada to set five-year emissions reduction targets based on the advice of experts and Canadians to ensure transparency and accountability as Canada charts a path to reaching net-zero emissions by 2050. The Act also requires emissions reduction plans for each target and the publication of interim and final reports on implementation of the plans and the emissions reductions they achieve, as well as periodic examination and reporting by the Commissioner of the Environment and Sustainable Development on the implementation of these mitigation measures. The Act will also establish a Net-Zero Advisory Body to provide independent advice to the Government of Canada on the best pathways to reach its targets, and also enshrine greater accountability and public transparency into Canada’s plan for meeting net-zero emissions by 2050. 

On February 25, 2021, the Minister of Environment and Climate Change announced the launch of the Net-Zero Advisory Body. This independent group of experts will provide advice on how Canada can reach its target of net-zero emissions by 2050. Reaching net-zero emissions will require support from all parts of society and there is no one way to achieve this goal. That is why the Advisory Body will follow a transparent and inclusive process to engage with and hear from provinces, territories, municipalities, Indigenous peoples, youth, businesses, environmental groups, and interested Canadians. Its ongoing role will be to ensure its advice remains aligned with and adapts to the best available analysis, research, technological changes, scientific developments, and public perspectives. The Advisory Body’s independent public reports and recommendations will inform the development of the emission-reduction milestone plans required by the Canadian Net-Zero Emissions Accountability Act. 

The Government of Canada understands that in these extraordinary times it must take the lessons learned from 2020 and invest in efforts that will address the country’s immediate challenges of jobs, economic growth, and inequality. These actions will help set the foundation for longer-term economic and environmental sustainability. Taking climate action now means seizing an opportunity that will help create new jobs in Canada, make the economy stronger and more competitive in the emerging clean global marketplace, and prepare Canada for the climate change risks ahead.