Bill S-5: CEPA and PFOS changes

Summary#

This Canada Gazette notice records that Bill S-5 — An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act received Royal Assent on June 13, 2023. The assent was signified by written declaration and both Houses of Parliament were notified that same day.

What it does#

• Amends the Canadian Environmental Protection Act, 1999 (the federal law that governs control of toxic substances).
• Makes related changes to the Food and Drugs Act.
• Repeals the Perfluorooctane Sulfonate Virtual Elimination Act (the separate law dealing with the chemical known as PFOS).
• Notes that Royal Assent was given by written declaration under the Royal Assent Act, S.C. 2002, c. 15, and that the Senate and the House of Commons were notified on June 13, 2023.

Who's affected#

• People and businesses that are regulated under the Canadian Environmental Protection Act, 1999 or the Food and Drugs Act — for example, manufacturers, importers, and users of chemicals (the notice does not list specific industries).
• Anyone involved with perfluorooctane sulfonate (PFOS), since the separate PFOS virtual elimination law is being repealed.
• The federal departments and offices that implement these laws (the notice does not name specific departments).

Why it matters#

• The change updates how federal law addresses certain chemicals and their risks. That can affect rules for making, importing or using those substances.
• Repealing the PFOS-specific law may change the legal framework for how PFOS is managed in Canada; the practical effects will depend on details in the new or amended rules and any coming-into-force dates.
• The Gazette notice confirms the bill completed the final formal step (Royal Assent) on June 13, 2023, but it does not by itself say when each new rule or amendment will start to apply.