A/HRC/45/12/Add.1 facilities, including Sarnia and Hamilton, well above the national average. 26 Canadians continue to be exposed to pesticides that are banned in other countries for health and environmental reasons but that are still in use in Canada. 25. The environmental health laws of Canada do not adequately protect health. Canada does not have national legally binding ambient air pollution standards and some provincial laws offer considerable flexibility for industries to develop their own standards, for example in Sarnia, Ontario. This flexibility impedes the enforcement of health-based standards and accountability for violations. For example, between 2010 and 2014 the oil sands industry contributed to some substances being in the air in concentrations exceeding provincial health thresholds, elevating the likelihood of adverse health impacts.27 Notable ongoing efforts by the Government include supporting indigenous community-led initiatives and contributing to data generation through air quality and odour investigations. 26. While the situation is not particular to Canada alone, there is increasingly a need to formulate binding caps on ambient pollution. An opportunity for taking corrective action has been presented through the review of the Canadian Environmental Protection Act, which could mandate ministers to establish binding caps on ambient air pollution and enact regulations to safeguard water quality.28 This would contribute towards addressing acute air pollution in hotspots. Failing to consider this, a province may remain within the provincial air quality levels yet communities in hotspots suffer inordinately higher levels of pollution than the general population, posing heightened risks to their life and health. 27. The Canadian Environmental Protection Act unfortunately requires exposure to be factored into assessments to designate substances as “toxic”, which manipulates classification of hazardous substances and denies the public its right to know. 29 Where substances are determined to be toxic at an international level, such as by the European Union or the Organization for Economic Cooperation and Development (OECD), the Government should implement interim measures, such as preliminary bans, to expedite exposure reduction. 28. Contamination from the extractive industries, including the massive tailings ponds in Alberta, which could seep into local water supplies, is of concern. Local communities reported limitations in accessing traditional foods or water sources, citing sickened animals, contaminated meat and mutations in fish. Despite apparent adherence to regulations, evidence confirms the claims of local communities, including regarding access to food and water. For example, despite compliance with the Fisheries Act, 76 per cent of metal mines have confirmed effects on fish, fish habitat or both. Of these mines, 92 per cent confirmed at least one effect of a magnitude that may be indicative of a higher risk to the environment.30 29. Finally, Canadians experience numerous health problems, including cancers, reproductive health issues and behavioural and developmental challenges linked to childhood exposure to toxics.31 For example, children ingest “acceptable” traces of harmful pesticides in food. 32 Children are also exposed to air pollution such as particulate matter – from phthalates in fragrances, volatile organic compounds in cleaning products and other consumer products – at home, at school and outdoors. 33 It is widely acknowledged that 26 27 28 29 30 31 32 33 6 Feras M. Ghazawi and others, “Analysis of acute myeloid leukemia incidence and geographic distribution in Canada from 1992 to 2010 reveals disease clusters in Sarnia and other industrial US border cities in Ontario”, Cancer, vol. 125, No. 11 (June 2019), pp. 1886–1897. www.aer.ca/documents/reports/FortMcKay_FINAL.pdf. https://cela.ca/wp-content/uploads/2019/07/CEPA-CCSPA-Cosmetics-Regs-Briefing-Note.pdf. www.canada.ca/en/health-canada/services/chemical-substances/canada-approach-chemicals/riskassessment.html. http://publications.gc.ca/collections/collection_2016/eccc/En14-64-2016-eng.pdf. Michael Tyshenko and others, “Regulatory and nonregulatory strategies for improving children’s environmental health in Canada”, Journal of Toxicology and Environmental Health, vol. 10, Nos. 1–2 (December 2007), pp. 143–156; Nicole De Long and Alison Holloway, “Early-life chemical exposures and risk of metabolic syndrome”, Diabetes, Metabolic Syndrome and Obesity: Targets and Therapy, vol. 2017, No. 10 (March 2017), pp. 101–109. https://d36rd3gki5z3d3.cloudfront.net/wp-content/uploads/2018/09/Whats-In-Your-LunchGlyphosate-Report-Sept-2018.pdf?x19835. https://environmentaldefence.ca/2018/04/23/asthma-rates-children-toxics/.