The Right To A Healthy Environment Recognized In Federal Canadian Law

Last week, amendments to the Canadian Environmental Protection Act, 1999 ("CEPA" or the "Act") were passed by the House of Commons which, amongst other things, update the Act to recognize the right to a healthy environment.

In April 2021, Minister Jonathan Wilkinson (then the Federal Minister of Environment and Climate Change) tabled Bill C-28 which would amend CEPA and recognize this right, however, this bill was terminated when Parliament was dissolved before the 2021 federal election. The text of Bill C-28 was reintroduced as Bill S-5 in the Senate in February 2022, and on May 30, 2023, Bill S-5 was passed by the House of Commons and was sent to the Senate to grant royal assent. Upon royal assent, the new amendments will enter into force.