A/HRC/45/12/Add.1
rests with the State. 4 However, businesses too have critical responsibilities to prevent
exposure.
B.
Canadian businesses and human rights
6.
All business enterprises in Canada have responsibilities to respect human rights. In
fulfilling these responsibilities, business enterprises should carry out robust due diligence in
their supply chains and business relationships in order to identify and assess the impacts of
toxic exposure and ensure prompt and accurate public reporting.5
7.
During his mission, the Special Rapporteur focused on the extractive industries, in
particular those involved in mining metals and oil sands and in constructing oil and gas
pipelines, and on the chemical industries, including those using pesticides in agriculture.
Over 50 per cent of multinational mining companies are based in Canada. 6 In 2015,
agriculture and agribusiness, including food processing, contributed to approximately 2.6 per
cent of the gross domestic product of Canada.
C.
Cooperation, collaboration and shared jurisdiction
8.
Canada has taken positive steps to increase collaboration between relevant authorities
to protect the human rights of those exposed to toxics. Federal and provincial jurisdictions
overlap in important areas, namely health, the environment and agriculture. Health Canada
and Environment and Climate Change Canada share responsibilities for many toxic
chemicals under the Canadian Environmental Protection Act, 1999. This is a good practice
that other States may wish to emulate. Other examples of cooperation include the Chemicals
Management Plan,7 which brings existing federal chemical programmes together under a
single strategy. Strengthened collaboration between various government bodies can be
leveraged to address intersectional inequalities in accessing rights in relation to toxic
exposure.
9.
In some respects, discussed below, the flexibility given to provinces and territories to
set standards more stringent than the federal requirements has reduced actual and potential
exposure to toxic substances. For example, the legally binding and more stringent air
pollution limits in certain provinces illustrate the potential positive role of provincial
autonomy.
10.
The fact that jurisdiction is shared by the federal, provincial and territorial authorities
has also created challenges, however. One example is the jurisdictional quagmire faced by
indigenous peoples, whose reserves often fall between the cracks of federal and provincial
jurisdiction, posing a risk of unregulated toxic exposure. For example, throughout Canada,
the provincial drinking water quality standards are not applicable on reserves and the federal
standards, which have yet to be set, are not legally binding. Jurisdictional separation is not
an excuse for shortcomings by the Government in taking prompt action to address toxic
exposure.
11.
The active participation of Canada in international forums on toxics is welcome.
Canada has ratified all international treaties on chemicals and wastes and co-chairs the
intersessional process initiated by the International Conference on Chemicals Management
to prepare recommendations for the implementation beyond 2020 of the Strategic Approach
to International Chemicals Management, a non-binding global policy framework on toxic
chemicals and wastes.
4
5
6
7
Ibid.
Ibid.
Submission by the Assembly of First Nations (2019).
www.canada.ca/en/health-canada/corporate/about-health-canada/accountability-performancefinancial-reporting/evaluation-reports/evaluation-phase-chemicals-management-plan-2011-20122015-2016.html#exsum.
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents