Does CEPA Adequately Protect Canadians and Communities from the Threats Posed by Emerging Biotechnologies and GMOs? Will Bill C-28 Address the Need for Changes?

Summary: In this article, David McRobert and Angela Dittrich examine whether Part 6 of the Canadian Environmental Protection Act (CEPA) adequately regulates the animate products of biotechnology.[1] Canadian environmental groups have advocated reforms to Part 6 since the early 2000s. Part 6 of CEPA has been neglected by government officials and ENGOs relative to other sections of CEPA, but biotechnology poses some of the most unpredictable, long-term risks to the environment, vulnerable populations and community health. The process for considering new genetically modified (GM) organisms needs to be more transparent, and the approvals timeline should be lengthened allowing for substantial public involvement, a full assessment of risks, and seeking the necessary consent of Indigenous peoples while upholding Indigenous rights.

Parts of this analysis were undertaken prior to the tabling of Bill C-28, Strengthening Environmental Protection for a Healthier Canada Act on April 13, 2021 (First Reading). Links to Bill C-28 and background materials are provided in the endnotes.[2] In concluding sections of this article the authors briefly examine the extent to which Bill C-28, as proposed, could address some of the challenges set out in the analysis below.

By David McRobert[3] and Angela Dittrich[4]

Introduction

Part 6 of CEPA regulates the animate products (i.e. from animals and animal byproducts) of biotechnology. Over the last two decades, there have been significant advances in both genetic engineering (e.g., CRISPR) and knowledge surrounding the environmental impacts of the new genetically modified (GM) organisms. Thus, significant amendments are needed to bring CEPA up to date with current scientific knowledge and best practices, followed by frequent reviews in the future. These were highlighted in a webinar sponsored by the Canadian Environmental Law Association in early 2021[5] as part of a four-part series held in the autumn and winter of 2020-2021.

There are several genetically modified foods and grains currently on the Canadian market, including corn, soy, canola, sugar beet, alfalfa, papaya, squash, and apples.[6] Unlike GM crops and plants, Health Canada and Environment and Climate Change Canada (ECCC) regulate animals and animal products using provisions in CEPA.[7] In 2013, Health Canada and ECCC approved the first GM animal product, AquaBounty’s AquAdvantage Atlantic salmon, and these GM salmon has been sold in Canadian markets since 2017.[8] The Ecology Action Centre, based in Halifax, challenged this approval in Federal Court, and though the applicants were unsuccessful, several limitations and issues with Parts 5 and 6 of CEPA were revealed during the litigation process, particularly the lack of public consultation and the waivers of information requirements.[9]

Prior to AquaBounty’s Atlantic salmon, a genetically modified pig (Enviropig) was slated to become the first GM food animal on the market, but the University of Guelph ended its Enviropig research in 2012.[10] A memorandum of understanding between Health Canada, the Department of Fisheries and Oceans (DFO), and Environment and Climate Change Canada (ECCC) outlines the implementation of the New Substances Notification Regulations (Organisms) under CEPA whereby DFO will conduct risk assessments of the use of biotechnology in fish aquaculture and provide advice to Health Canada and ECCC.[11] This MOU outlines a process that seems to be more transparent and collaborative than what would have been in place for Enviropig, but several concerns regarding GM salmon and future GM animals remain.