Bill S-5 (CEPA Modernization) Passes Third Reading in House – Expected to Quickly Pass Through Senate and Become Law Before Summer Recess

Posted Date: 2-June-2023

Bill S-5 (modernization of the Canadian Environmental Protection Act) has finally passed  3rd reading in the House of Commons and has now returned to the Senate for final debate and adoption. Due to the pre-study activity in the Senate, the bill is expected to pass in the next couple of weeks before the summer recess.

As previously reported to members, many of the contentious Senate amendments of interest to our industry were reversed – including the highly problematic Section 67 (1) which called for a statutory review of how domestically manufactured products may be regulated differently from their imported equivalents. CA actively opposed this unnecessary inclusion in the bill including in our formal presentation to the House Committee in December 2022. The Committee also heeded our advice on utilizing the principle of the “best-placed Act” and avoiding unnecessary and duplicative regulatory requirements and process which would violate the provisions of the Cosmetics Annex under CUSMA.

Overall, the version of the bill coming out of the House Committee appears to maintain CEPA’s science- and risk-based approach and supports non-animal test methods in line with our efforts towards a cosmetics animal test ban in Canada (see story here). CA will keep you apprised of developments and the implications of the bill to our members.