Background
In June 2023, the Canadian Environmental Protection Act, 1999 (CEPA) was amended to recognize the Right to a Healthy Environment (Right) and to require the development of an implementation framework outlining how the Right would be applied in administering CEPA.
Following public engagement on the draft implementation framework and accompanying discussion document, Environment and Climate Change Canada (ECCC) and Health Canada (HC) released the final Implementation Framework for the Right to a Healthy Environment Under CEPA in July 2025 (Framework). A What We Heard Report summarizing public and stakeholder feedback was published concurrently with the final framework.
The Framework establishes how CEPA will be administered to fulfill the Government of Canada’s duty to respect, protect and fulfill the Right. Importantly, this Right applies only within the scope of CEPA and does not extend to other federal or provincial statutes.
Overview of the Implementation Framework
The Framework approaches the Right through two key dimensions, referred to as the substantive and procedural elements of the Right.
- Substantive elements affirm every individual’s right to live in an environment protected from harmful substances, pollutants and waste, and that supports clean air and water, a stable climate, and healthy ecosystems and biodiversity.
- Procedural elements address access to information, participation in decision-making and mechanisms for accountability — enabling affected communities, Indigenous peoples and regulated entities to engage meaningfully in CEPA processes.
The Framework also embeds the principles of environmental justice, intergenerational equity and non-regression as guiding obligations for CEPA decision-makers.
The Right is, however, subject to reasonable limits. The Framework outlines five categories of factors — scientific, environmental, health, social and economic — to guide CEPA officials in determining when and how those limits may apply. Not every factor will be relevant to every decision.
Although the Right has yet to be judicially interpreted, it was recently referenced by an intervenor before Alberta’s Environmental Appeals Board in Prestie et al. v Director, Regulatory Assurance Division, South, Alberta Environment and Protected Areas. The Board did not comment substantively on the Right, as it was not a central issue before it. The case underscores, however, that this Right may increasingly appear in regulatory and judicial proceedings as stakeholders test its application.
Potential Impacts and Business Considerations
1. Phased Transition Period for Implementation
The Framework contemplates a phased transition to allow ECCC and HC to integrate the Right into CEPA’s administration. Although no firm timelines are specified, proponents of ongoing or future projects regulated under CEPA should be prepared to demonstrate how their activities consider the Right and the Framework, which may be amended during and following the transition period for implementation.
To provide greater transparency and accountability in implementation of the Framework, a Right to a Healthy Environment Portal (Portal) has been established on the CEPA Registry as a single-access platform for information on CEPA actions, decisions and opportunities for public input. Through the Portal, members of the public can contact and connect with relevant CEPA programs and decision-makers, access information on remedies and enforcement under CEPA, track actions brought under CEPA and how this Right is being considered, and have opportunities to provide feedback and participate in the decision-making process.
2. Increased Scrutiny of Projects and Permitting
As CEPA decisions increasingly incorporate the Right and its guiding principles, proponents can expect greater scrutiny of projects, permits and regulated substances. Decision-makers may require evidence that environmental, health and social factors were assessed and that public input was considered. This shift could expand regulatory evaluation beyond technical compliance toward a broader, principles-based approach.
3. Enhanced Transparency and Indigenous Engagement
Procedural elements of the Framework emphasize public participation and Indigenous engagement. Proponents should ensure early, culturally appropriate consultation with affected Indigenous groups and communities. Detailed documentation of engagement activities and responsiveness to concerns will be critical to demonstrating compliance with the Right. The Portal will also allow the public to review decisions and how the Right was considered, reinforcing the expectation of transparency.
4. Potential for Litigation and Judicial Review
While the Right does not create a new constitutional or standalone legal cause of action, it may be invoked in judicial reviews or regulatory appeals. Litigants may argue that CEPA decisions failed to adequately consider the Right or misapplied the “reasonable limits” assessment. Over time, these challenges may help shape the scope of the Right’s application in Canadian environmental law.
5. Expanded Disclosure Expectations
Proponents may face increased expectations to disclose environmental, health and social metrics in accessible formats to support regulatory transparency. This includes data submitted to CEPA programs and public access through the Portal.
6. Ongoing Monitoring and Updates
ECCC and HC will report annually on progress toward implementing the Right through the CEPA Annual Report. Businesses should monitor updates to the Framework and related guidance to understand how new indicators or reporting tools may affect project approvals, renewals or enforcement actions.
For further information, please contact the authors or any other member of our Environmental or Litigation & Dispute Resolution groups.
