On June 13, 2023, Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act became law. The Bill made important changes to the Canadian Environmental Protection Act 1999 (CEPA) for the first time in over 20 years. With this Bill, the Government of Canada recognizes that every individual in Canada has a right to a healthy environment ("the Right”) as provided under CEPA. The Government of Canada also has a duty to protect the Right when making decisions under CEPA.
The amendments confirm the Government’s duty to the United Nations Declaration on the Rights of Indigenous Peoples, which will be implemented in consultation and cooperation with Indigenous Peoples.
Next steps: In Winter 2024, Environment and Climate Change Canada will be publishing a discussion document that will provide an overview of key concepts and elements that will help the department to develop a draft implementation framework. Stakeholders will be invited to provide their feedback on the document during a 60-day public comment period.
An implementation framework will be developed by June 2025 through robust engagement, with opportunities to continuously improve the framework over time as experience and views evolve. Engagement opportunities will be available to all interested people in Canada, with a particular focus on communities that may face disproportionate environmental and health risks.
Canadian Water and Wastewater Association