Elements of the draft implementation framework
The draft framework provides examples of key decision-making points under CEPA where ECCC and HC can consider the right, and examples of mechanisms that support the protection of the right.
The draft framework elaborates on:
The Substantive and Procedural elements of the right, including access to information, participation in decision-making and access to effective remedies in the case of environmental harm.
Indigenous rights, including contributing to the Government’s commitment to upholding the United Nations Declaration on the Rights of Indigenous People, and bridging, braiding, and weaving Indigenous knowledge into CEPA decision-making.
Principles of environmental justice, non-regression, intergenerational equity. Additional principles already included in CEPA are also noted as relevant in the protection of the right.
Relevant factors, including scientific, environmental, health, social and economic factors, to consider in CEPA decision-making, as appropriate and on a case-by-case basis.
Mechanisms to support protection of the right and guiding considerations for CEPA decision-makers.
Research, studies and monitoring activities conducted by ECCC and HC that support protection of the right under CEPA.
To help individuals in Canada understand how the Government of Canada is protecting the right under CEPA and to improve accountability, the draft framework proposes to establish:
A new CEPA right to a healthy environment portal that would provide information on the right; and
A dedicated email address for the public to submit questions and feedback related to the protection of the right.
Reporting on the implementation of the framework (for example, summarizing how mechanisms and actions have protected the right) as well as measures taken to advance reconciliation with Indigenous peoples, will be done through the CEPA Annual Report, which is submitted to Parliament and posted online.
