To view this presentation as a webinar with sound visit Your Legal Rights www.yourlegalrights.on.ca/training Your Legal Ri...
Presentation to:  CLEOnet Webinar Series November 10, 2011   Theresa McClenaghan, Executive Director Kathleen Cooper, Seni...
The content of this webinar is based on law that was current on the date the webinar was recorded. Your Legal Rights webin...
Your Legal Rights is a project of CLEO and funded by the Law Foundation o f  Ontario. About our presenters… Kathleen Coope...
Your Legal Rights is a project of CLEO and funded by the Law Foundation o f  Ontario. About our presenters… Theresa is Exe...
Outline <ul><li>Introduction </li></ul><ul><li>Key concepts:  </li></ul><ul><ul><li>greater vulnerability of children;  </...
Environmental Standard Setting and  Children's Health May 25, 2000 CELA’s Initial Work on Children’s Env’l Health   <ul><l...
Who is CPCHE? <ul><li>The Canadian Partnership for Children’s Health and Environment: </li></ul><ul><li>… an affiliation o...
CPCHE Partners <ul><li>Canadian Association of Physicians  </li></ul><ul><li>for the Environment (CAPE) </li></ul><ul><li>...
CPCHE Resources Evidence reviews Raising public awareness, empowering personal action Building capacity among service prov...
Fetal and Child Health Risks from Environmental Exposures <ul><li>Early environmental exposures are linked to increased ri...
Early environmental exposures and links to later life chronic disease <ul><li>Increasing evidence of associations between ...
Low income children at highest risk <ul><li>Poverty – health risk itself </li></ul><ul><li>Substandard housing: </li></ul>...
First Nations children at higher risk than most children <ul><li>High levels of poverty </li></ul><ul><li>Genetic differen...
Biomonitoring Results:  Population-wide Exposures; SES Effect is Apparent  <ul><li>Population-wide exposure to multiple co...
Common Environmental Health Issues in Low Income Circumstances: Mould  <ul><li>Causes </li></ul><ul><li>Rain/water leaks d...
Mould, continued
Common Environmental Health Issues in Low Income Circumstances: Pests  <ul><li>Ants: more common if are moisture problems ...
Re-cap: Potential for Greatest Exposure   <ul><li>Air  (indoors and outdoors)  </li></ul><ul><ul><li>->   indoor dust </li...
Context Matters <ul><li>The number of chemicals and pollutants  is overwhelming, with an obvious conclusion: context matte...
Part 2: What is needed? Drawing by Seaña Brennan, age 6 <ul><li>Awareness </li></ul><ul><li>Advocacy </li></ul><ul><li>Res...
CPCHE/CELA Healthy Retrofits Project <ul><li>Need : Experience with CELA clients, evidence in literature,  results of outr...
Phases 2 and 3: Outreach Materials in Development and Promoting Uptake <ul><li>Despite possible health risks, with greater...
Getting help with mould problems <ul><li>Minor problems can be corrected by residents (see e.g., Health Canada resource fo...
Dealing with Pests: roles, rights and integrated remedies <ul><li>Landlords are responsible for: </li></ul><ul><li>Mainten...
Dealing with Pests: Least toxic methods,  addressing underlying causes  <ul><li>Ants  </li></ul><ul><li>Reading labels: an...
Legal Tools –  Division of Powers in Canada <ul><li>Federal government has some responsibilities pertaining to environment...
Jurisdictional opportunities  <ul><li>These varying jurisdictions give rise to matching opportunities for engagement and i...
Local to global – an example <ul><li>Most environmental health and equity concerns have key elements which need attention ...
Multi-scale environmental health issues <ul><li>We could give similar examples in other areas of environmental health incl...
Overview of Statutes <ul><li>Canada Labour Code </li></ul><ul><li>Canadian Environmental Protection Act </li></ul><ul><li>...
Canada Labour Code <ul><li>Purpose of part II is to prevent accidents and injury to health arising out of, linked with or ...
Canada Labour Code <ul><li>Every employer also has duty to ensure that concentrations of hazardous substances in the workp...
Opportunities for Engagement – Canada Labour Code <ul><li>Review Material Safety Data Sheets at the workplace; ensure curr...
Canadian Environmental Law Association
Canadian Environmental Protection Act <ul><li>Human health is to be protected from risk of adverse effects of toxic substa...
CEPA PROVISIONS <ul><li>An Environmental Registry is established </li></ul><ul><li>Whistle blower protection for employees...
CEPA Opportunities for Engagement <ul><li>Review registry notices  </li></ul><ul><li>Review research conducted  </li></ul>...
Hazardous Products Act - Medical professionals and confidentiality <ul><li>Regulations may specify that medical profession...
Canadian Consumer Products Safety Act (CCPSA) <ul><li>Just passed by House of Commons and has received first reading in th...
CCPSA cont’d <ul><li>A new definition of “danger to human health or safety”  </li></ul><ul><ul><li>“ unreasonable  hazard ...
CCPCA cont’d <ul><li>Applies to products both manufactured within Canada and imported </li></ul><ul><li>Provides for prohi...
CCPCA cont’d <ul><li>New general prohibition on manufacturing, selling etc products that are a danger to human health or s...
Canadian Environmental Law Association
Pest Control Products Act <ul><li>This legislation allows the Minister to register a pesticide in Canada if it is shown to...
Pesticide regulation but the federal government: not a safety guarantee <ul><li>Reforms in last ten years have improved an...
Pest Control Products Register <ul><li>The register contains information about products, applications, registrations, re-e...
Canadian Environmental Law Association
Pesticide Products Formulants and Contaminants of Health or Environmental Concern <ul><li>Three lists are maintained by th...
Food and Drug Act <ul><li>Defines cosmetic – for complexion, hair, skin, teeth, including deodorants and perfumes </li></u...
Food and Drug Act cont’d <ul><li>Standards for food may be prescribed and there is a prohibition on importing or inter-pro...
Cosmetics <ul><li>General prohibition on sale of any cosmetic that may injure health  </li></ul><ul><li>Standards may be p...
Canadian Environmental Law Association
Ontario Occupational Health and Safety Act <ul><li>Part IV deals with Toxic Substances </li></ul><ul><ul><li>Where a biolo...
Occupational Health and Safety <ul><li>Toxic substances orders are to be posted; and must identify the agents of concern a...
Occupational Health and Safety <ul><li>New biological or chemical agents are not to be used in a workplace without submitt...
Occupational Health and Safety <ul><li>Regulations may require employers to assess all agents in the workplace to determin...
Occupational Health and Safety <ul><li>Act has 34 regulations dealing with array of specific contexts, including  </li></u...
Opportunities for Engagement – Ontario Workplace health and safety <ul><li>Input regarding the workplace exposure limits t...
Canadian Environmental Law Association
The Toxics Reduction Act (Ontario) <ul><li>Legislation passed in Ontario 2009 </li></ul><ul><li>Intent is to reduce use of...
Opportunities for engagement – Toxics Reduction Act <ul><li>Get involved in preparation of employers toxic reduction audit...
Canadian Environmental Law Association
Municipal Act (Ontario) <ul><li>Municipalities have extensive powers regarding health, safety and nuisance, and regarding ...
Municipal Act - Opportunities for Engagement <ul><li>At local level find out if any actions or by-laws have been taken und...
Canadian Environmental Law Association
Clean Water Act (Ontario) <ul><li>Clean Water Act passed in 2006 to protect sources of drinking water </li></ul><ul><li>So...
Canadian Environmental Law Association
Safe Drinking Water Act (Ontario) <ul><li>Safe Drinking Water Act passed in 2002 </li></ul><ul><li>It imposes drinking wat...
Opportunities for engagement – Safe Drinking Water Act <ul><li>Look up water testing reports </li></ul><ul><li>Ask questio...
Canadian Environmental Law Association
Health Protection and Promotion Act (Ontario) <ul><li>Mandatory public health programs include community sanitation, safe ...
Health Protection and Promotion Act (Ontario) <ul><li>Medical Officers of Health have a positive statutory duty to keep th...
Health Protection and Promotion Act (Ontario) <ul><li>HPPA provides the Medical Officer of Health responsibility to determ...
Opportunities for engagement – Health Protection and Promotion Act <ul><li>Ask health unit about the small water systems i...
Canadian Environmental Law Association
Canadian Environmental Law Association
Contact information <ul><ul><li>Canadian Environmental Law Association </li></ul></ul><ul><ul><li>130 Spadina Ave., Ste. 3...
Acknowledgements <ul><li>CELA and CPCHE Colleagues </li></ul><ul><li>Legal Aid Ontario </li></ul><ul><li>Ontario Trillium ...
This webinar was brought to you by  Your Legal Rights: A website of legal information for people in Ontario For more infor...
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Childrens' Environmental Health Rights: An Introduction

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This webinar, for service providers, is presented by Kathleen Cooper and Theresa McClenaghan of the Canadian Environmental Law Association (CELA). It explains why a child is vulnerable to toxic substances arising from environmental pollution or use of consumer products. Strategies for public education and outreach are described. The webinar also reviews statutes, rights, remedies and legal tools available for public involvement and for assisting clients.

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Childrens' Environmental Health Rights: An Introduction

  1. 1. To view this presentation as a webinar with sound visit Your Legal Rights www.yourlegalrights.on.ca/training Your Legal Rights is a web site of legal information for people in Ontario. It contains free, easy to understand legal information produced by hundreds of organizations across Ontario .
  2. 2. Presentation to: CLEOnet Webinar Series November 10, 2011 Theresa McClenaghan, Executive Director Kathleen Cooper, Senior Researcher Canadian Environmental Law Association
  3. 3. The content of this webinar is based on law that was current on the date the webinar was recorded. Your Legal Rights webinars contain general legal information. They are not intended to be used as legal advice for a specific legal problem. For more information on how to find a lawyer or to contact your local community legal clinic visit: www.yourlegalrights.on.ca/find-services Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario. Please Note:
  4. 4. Your Legal Rights is a project of CLEO and funded by the Law Foundation o f Ontario. About our presenters… Kathleen Cooper is Senior Researcher with the Canadian Environmental Law Association (CELA). She has directed law reform campaigns on the subjects of toxic substances, pesticides, land use planning and hazards in consumer products and also provides casework support on environmental litigation files. She has conducted extensive research into the effects of environmental contaminants on fetal and child health and has also written extensively on the subject of environmental policy and children’s health.
  5. 5. Your Legal Rights is a project of CLEO and funded by the Law Foundation o f Ontario. About our presenters… Theresa is Executive Director of the Canadian Environmental Law Association (CELA). She has practised public interest environmental law, in private practice since 1985 and at CELA since 1998. Theresa’s expertise in environmental law includes environmental health, water law and policy, energy law and constitutional law. Theresa sits on the advisory board of the McMaster Institute for Environmental Health, the board of directors of the Environmental Health Institute of Canada as well as on the board of FreshWater Future .
  6. 6. Outline <ul><li>Introduction </li></ul><ul><li>Key concepts: </li></ul><ul><ul><li>greater vulnerability of children; </li></ul></ul><ul><ul><li>evidence-based priorities for health effects and exposures of concern </li></ul></ul><ul><li>Statutes, rights, remedies and legal tools for public involvement and clients. </li></ul><ul><li>Outreach and collaboration. </li></ul>
  7. 7. Environmental Standard Setting and Children's Health May 25, 2000 CELA’s Initial Work on Children’s Env’l Health <ul><li>CELA-OCFP Collaboration: Review of scientific evidence of greater vulnerability of children, focus on lead and pesticides </li></ul><ul><li>Overall conclusion – law is not protective of children </li></ul><ul><li>Large policy reform agenda </li></ul><ul><li>Helped change federal pesticide law and bylaw efforts </li></ul><ul><li>Limited effect on chemicals regulation ( overwhelming to public audience ) ⇒ Need for education & outreach </li></ul>
  8. 8. Who is CPCHE? <ul><li>The Canadian Partnership for Children’s Health and Environment: </li></ul><ul><li>… an affiliation of eleven organizations working together since 2001 to protect children from toxic chemicals and pollutants. </li></ul>www. healthy environment forkids .ca
  9. 9. CPCHE Partners <ul><li>Canadian Association of Physicians </li></ul><ul><li>for the Environment (CAPE) </li></ul><ul><li>Canadian Child Care Federation (CCCF) </li></ul><ul><li>Canadian Environmental Law Association (CELA) </li></ul><ul><li>Environmental Health Clinic – Women’s College Hospital </li></ul><ul><li>Environmental Health Institute of Canada </li></ul><ul><li>Learning Disabilities Association of Canada (LDAC) </li></ul><ul><li>Ontario College of Family Physicians (OCFP) </li></ul><ul><li>Ontario Public Health Association (OPHA) </li></ul><ul><li>Pollution Probe </li></ul><ul><li>South Riverdale Community Health Centre </li></ul><ul><li>Toronto Public Health (TPH) </li></ul>www. healthy environment forkids .ca
  10. 10. CPCHE Resources Evidence reviews Raising public awareness, empowering personal action Building capacity among service providers. Strategies, checklists, and related fact sheets. Add to well-known concept of “childproofing.” Fostering dialogue Advocating for research and policy improvements www. healthy environment forkids .ca
  11. 11. Fetal and Child Health Risks from Environmental Exposures <ul><li>Early environmental exposures are linked to increased risks of…. </li></ul><ul><li>Asthma and Respiratory Problems </li></ul><ul><li>Impacts on Brain Development and Brain Functioning </li></ul><ul><li>Cancer </li></ul><ul><li>Impacts on Reproduction, Fetal and Child Development </li></ul><ul><li>Impacts on the Endocrine System and Immune System </li></ul><ul><li>Fetus and child are more vulnerable for multiple reasons: </li></ul><ul><li>Differences in proportion, physiology, behaviour and developmental vulnerabilities with lifelong implications </li></ul>
  12. 12. Early environmental exposures and links to later life chronic disease <ul><li>Increasing evidence of associations between early environmental exposures and multiple chronic diseases or chronic disease risk factors including: </li></ul><ul><li>Obesity and metabolic syndrome </li></ul><ul><li>Type 2 Diabetes </li></ul><ul><li>Cardio-vascular disease </li></ul><ul><li>Several cancers </li></ul><ul><li>Alzheimer’s disease and Parkinson’s disease </li></ul>
  13. 13. Low income children at highest risk <ul><li>Poverty – health risk itself </li></ul><ul><li>Substandard housing: </li></ul><ul><ul><li>Mould, Lead, (Radon), Pesticides, Combustion gases </li></ul></ul><ul><li>Older/reused products:: </li></ul><ul><ul><li>phthalates, PBDEs, BPA, PFOs, SCCPs, etc. </li></ul></ul><ul><li>Indoor air and dust – key exposure pathways for env’l exposures </li></ul><ul><li>Renovation activity can greatly increase some of these exposures </li></ul>
  14. 14. First Nations children at higher risk than most children <ul><li>High levels of poverty </li></ul><ul><li>Genetic differences (e.g., risk of obesity) ⇒ i ncreases vulnerability to “obesogenic” substances (Bisphenol A, organotins, others?) </li></ul><ul><li>Cultural importance of fish consumption (higher mercury and POPs exposure) </li></ul><ul><li>Locations near industry. E.g., Aamjiwnaang FN and suspected impact of chemical exposures </li></ul>
  15. 15. Biomonitoring Results: Population-wide Exposures; SES Effect is Apparent <ul><li>Population-wide exposure to multiple contaminants (lead, mercury, bisphenol A (BPA), pesticides, phthalates, PCBs, brominated flame retardants, perfluorinated compounds, etc.) </li></ul><ul><li>Consistently find higher levels in children (e.g., BPA in fetus 5x higher; methylmercury ~ 2x higher) </li></ul><ul><li>Lead levels higher in children at lower SES and living in older housing. </li></ul><ul><li>Correlations between low SocioEconomic Status and higher PBDE levels in children’s blood. </li></ul>
  16. 16. Common Environmental Health Issues in Low Income Circumstances: Mould <ul><li>Causes </li></ul><ul><li>Rain/water leaks due to faulty/poorly maintained roof drainage or basement leaks; plumbing leaks </li></ul><ul><li>Humidity and condensation due to: </li></ul><ul><ul><li>Damp basements (with no dehumidifier) </li></ul></ul><ul><ul><li>Inadequate/missing bath or kitchen ventilation </li></ul></ul><ul><ul><li>Overcrowding of people </li></ul></ul><ul><ul><li>Inadequate insulation </li></ul></ul><ul><ul><li>Low indoor temperature in cold weather </li></ul></ul><ul><li>Grows on wood, drywall, paper, damp materials or furniture </li></ul>
  17. 17. Mould, continued
  18. 18. Common Environmental Health Issues in Low Income Circumstances: Pests <ul><li>Ants: more common if are moisture problems </li></ul><ul><li>Rodents and cockroaches: food sources, multi-unit dwellings and sub-standard housing </li></ul><ul><li>Bed bugs: multi-unit dwellings, reused furnishings, hoarding </li></ul><ul><li>Response strategies need both of: </li></ul><ul><ul><li>Integrated measures to address underlying causes </li></ul></ul><ul><ul><li>Low-toxicity or non-toxic pest control </li></ul></ul>
  19. 19. Re-cap: Potential for Greatest Exposure <ul><li>Air (indoors and outdoors) </li></ul><ul><ul><li>-> indoor dust </li></ul></ul><ul><li>Food </li></ul><ul><li>Consumer products (largely indoors) </li></ul><ul><ul><li>-> indoor air and DUST </li></ul></ul><ul><li>+ Location-specific Issues </li></ul>
  20. 20. Context Matters <ul><li>The number of chemicals and pollutants is overwhelming, with an obvious conclusion: context matters </li></ul><ul><li>In the context of multiple exposures , potential for multiple effects , vast complexity , uncertainty and high stakes risks : we should exercise precaution and reduce exposures whenever possible </li></ul><ul><li>Calls for a more precautionary approach in environmental policy come most frequently when findings point to environmental risks to prenatal or child health. </li></ul>          
  21. 21. Part 2: What is needed? Drawing by Seaña Brennan, age 6 <ul><li>Awareness </li></ul><ul><li>Advocacy </li></ul><ul><li>Research </li></ul><ul><li>Prevention </li></ul><ul><li>Precautionary policies </li></ul><ul><li>Application of legal rights and remedies </li></ul>
  22. 22. CPCHE/CELA Healthy Retrofits Project <ul><li>Need : Experience with CELA clients, evidence in literature, results of outreach work -> hazardous exposures during renovations can result from lack of awareness. </li></ul><ul><li>Opportunity: To improve on already valuable work to address climate change and improve energy affordability by adding emphasis on making buildings safer and healthier. </li></ul><ul><li>Age of housing - linear correlation. Canada-wide, as Socio-Economic Status drops, age of housing rises. </li></ul>
  23. 23. Phases 2 and 3: Outreach Materials in Development and Promoting Uptake <ul><li>Despite possible health risks, with greater awareness, are easy and low-cost measures can prevent exposure (with some exceptions). </li></ul><ul><li>Very positive outcomes: The “win-win” of renovations/retrofits that make homes more energy and cost efficient and healthier for children and their families. </li></ul><ul><li>Brochure – near final draft </li></ul><ul><li>Supported by on-line content esp. for tenants </li></ul><ul><li>Negotiations ongoing with outreach partners including utilities and municipal programs, and hopefully large retailers </li></ul><ul><li>Want information included in province-wide efforts directed at low income residents </li></ul>
  24. 24. Getting help with mould problems <ul><li>Minor problems can be corrected by residents (see e.g., Health Canada resource for First Nations: Mould and Your Health ) </li></ul><ul><li>Major problems need professional help </li></ul><ul><li>Need to work with landlords, tenant/housing advocates, etc. </li></ul><ul><li>Some government grant programs, e.g., RRAP </li></ul><ul><li>Needs to be integrated into province-wide weatherization program </li></ul>
  25. 25. Dealing with Pests: roles, rights and integrated remedies <ul><li>Landlords are responsible for: </li></ul><ul><li>Maintenance, including pest control. Thus, tenant may not have a say in pest control options. </li></ul><ul><li>Pest control can include helping tenant to address problem – allows tenant to influence choice of controls </li></ul><ul><li>Tenants are responsible for: </li></ul><ul><li>Maintaining clean unit to prevent pests </li></ul><ul><li>Both need to recognize: </li></ul><ul><li>Pest control most effective with integrated approach including removing pest habitat, food sources, entryways, alongside control options such as pesticides. </li></ul><ul><li>Non-toxic or lower toxicity options are often available including gels, baits or traps instead of sprays and physical methods like steam or combination of physical and chemical methods (to lower overall toxic exposures) </li></ul>
  26. 26. Dealing with Pests: Least toxic methods, addressing underlying causes <ul><li>Ants </li></ul><ul><li>Reading labels: ant traps using borax and peanut butter (benign choice so long as no peanut allergy) </li></ul><ul><li>Are likely to be underlying moisture problems </li></ul><ul><li>Rodents and cockroaches </li></ul><ul><li>Non-toxic techniques, bait traps vs sprays/open dishes of poison </li></ul><ul><li>Control the food source and the entryways (maintenance issues) </li></ul><ul><li>Bedbugs </li></ul><ul><li>Chemicals often ineffective; steam/high heat very effective </li></ul><ul><li>Maintenance issues </li></ul><ul><li>Problem of hoarding (mental health support system) </li></ul>
  27. 27. Legal Tools – Division of Powers in Canada <ul><li>Federal government has some responsibilities pertaining to environmental health </li></ul><ul><li>Provinces and territories have others </li></ul><ul><li>Many powers operate in related areas </li></ul><ul><li>Aboriginal governments also have powers and responsibilities; some of the federal statutes explicitly recognize these powers </li></ul><ul><li>Within provinces and territories, municipalities and local governments also have powers and responsibilities (delegated) </li></ul><ul><li>Actions are appropriate and necessary at each scale </li></ul>Canadian Environmental Law Association
  28. 28. Jurisdictional opportunities <ul><li>These varying jurisdictions give rise to matching opportunities for engagement and input in environmental health law and regulation: </li></ul><ul><ul><li>Local – regional or municipal input on matters such as local programming or municipal by-laws </li></ul></ul><ul><ul><li>Provincial – input as individuals, groups, associations, professionals on specific agenda items such as provincial occupational health law or toxics regulation </li></ul></ul><ul><ul><li>Federal – recommendations for new substances, evaluation of efficacy of existing laws, testing of participation provisions </li></ul></ul>Canadian Environmental Law Association
  29. 29. Local to global – an example <ul><li>Most environmental health and equity concerns have key elements which need attention by each of the jurisdictions </li></ul><ul><li>For example, in the case of reducing exposure to toxic substances, </li></ul><ul><ul><li>Municipalities may pass right to know by-laws as in Toronto </li></ul></ul><ul><ul><li>Provinces may pass a Toxic Reduction Act as in Ontario </li></ul></ul><ul><ul><li>Canada may pursue regulation of toxic substances as under CEPA </li></ul></ul><ul><ul><li>The international community may control some toxic or hazardous substances under treaties like Stockholm or Basel </li></ul></ul>Canadian Environmental Law Association
  30. 30. Multi-scale environmental health issues <ul><li>We could give similar examples in other areas of environmental health including energy poverty, management of garbage and waste, drinking water protection, pesticides control or healthy shelter and consumer products to name a few </li></ul><ul><li>Establishing international norms such as the World Health Organization in its definition of the determinants of health; programmatic action, such as by Canada under its health spending power and its support of research; provincial regulation of pollution; and programs by local health units are all examples of essential aspects of a comprehensive approach to these issues </li></ul>Canadian Environmental Law Association
  31. 31. Overview of Statutes <ul><li>Canada Labour Code </li></ul><ul><li>Canadian Environmental Protection Act </li></ul><ul><li>Hazardous Products Act </li></ul><ul><li>Consumer Safety Products Act </li></ul><ul><li>Pest Control Products Act </li></ul><ul><li>Food and Drug Act </li></ul><ul><li>Ontario Occupational Health and Safety Act </li></ul><ul><li>Ontario Toxic Reduction Act </li></ul><ul><li>Ontario Environmental Protection Act and Ontario Water Resources Act </li></ul><ul><li>Ontario Municipal Act </li></ul><ul><li>Ontario Clean Water Act </li></ul><ul><li>Ontario Safe Drinking Water Act </li></ul><ul><li>Health Protection and Promotion Act (Ontario) </li></ul><ul><li>Nutrient Management Act (Ontario) </li></ul>Canadian Environmental Law Association
  32. 32. Canada Labour Code <ul><li>Purpose of part II is to prevent accidents and injury to health arising out of, linked with or occurring during course of employment </li></ul><ul><li>Priority is specified to first eliminate hazards, then reduce hazards, then provide personal protective clothing, equipment and materials </li></ul><ul><li>Every employer has a general duty to ensure that the health and safety at work of every employee is protected </li></ul>Canadian Environmental Law Association
  33. 33. Canada Labour Code <ul><li>Every employer also has duty to ensure that concentrations of hazardous substances in the workplace are controlled in accordance with prescribed standards (ie regulations) </li></ul><ul><li>Also that hazardous materials are stored, handled and labelled as per regulations </li></ul><ul><li>Material data safety sheets regarding controlled substances, ingredients on Ingredients Disclosure List, chemical identity of any substances that employer believes may be harmful </li></ul>Canadian Environmental Law Association
  34. 34. Opportunities for Engagement – Canada Labour Code <ul><li>Review Material Safety Data Sheets at the workplace; ensure currency </li></ul><ul><li>Ensuring practices at the individual workplace are consistent with the MSDS and other recommended practices </li></ul><ul><li>Provide feedback to employers or the party responsible for the MSDS (manufacturer or importer) if the information is incomplete </li></ul><ul><li>Monitor standard setting process and provide input into the Canada Labour Code regulations – subscribe to the Liason bulletins   [email_address] . </li></ul>Canadian Environmental Law Association
  35. 35. Canadian Environmental Law Association
  36. 36. Canadian Environmental Protection Act <ul><li>Human health is to be protected from risk of adverse effects of toxic substances, pollution, waste, use of biotechnology </li></ul><ul><li>Long term human and human health benefits are to be considered in decisions </li></ul><ul><li>Government is required to act expeditiously to assess whether existing or new substances are toxic or capable of becoming toxic, and assess the risk they pose to the environment and human life and health </li></ul>Canadian Environmental Law Association
  37. 37. CEPA PROVISIONS <ul><li>An Environmental Registry is established </li></ul><ul><li>Whistle blower protection for employees is set out </li></ul><ul><li>The Ministers (Health and Environment) are required to conduct research relating to hormone disrupting substances including re detection, effects, preventive, control and abatement </li></ul><ul><li>Minister of Health is required to conduct research regarding role of substances in illnesses or in health problems & distribute it to the public </li></ul>Canadian Environmental Law Association
  38. 38. CEPA Opportunities for Engagement <ul><li>Review registry notices </li></ul><ul><li>Review research conducted </li></ul><ul><li>Suggest research needed to Environment Canada and Health Canada </li></ul><ul><li>Provide input into standards and risk management such as the Chemicals Management Plan </li></ul><ul><li>Call for extension of regulations; eg phosphorous in dishwasher soaps </li></ul>Canadian Environmental Law Association
  39. 39. Hazardous Products Act - Medical professionals and confidentiality <ul><li>Regulations may specify that medical professionals be supplied with MSDS information in order to make a diagnosis or deal with a medical emergency; </li></ul><ul><li>Regulations may also require medical professionals to keep such information confidential except for the purpose for which disclosed </li></ul>Canadian Environmental Law Association
  40. 40. Canadian Consumer Products Safety Act (CCPSA) <ul><li>Just passed by House of Commons and has received first reading in the Senate </li></ul><ul><li>Repeals Part 1 (“Prohibited and Restricted Products”) and Schedule 1 of Hazardous Products Act (prohibited products) to replace them with this new law </li></ul><ul><li>Addresses consumer products specifically </li></ul><ul><li>Defines consumer products as likely to be obtained by an individual for non-commercial purposes </li></ul><ul><li>Provides new definitions for controlled and hazardous products remaining under HPA (non-consumer) </li></ul>Canadian Environmental Law Association
  41. 41. CCPSA cont’d <ul><li>A new definition of “danger to human health or safety” </li></ul><ul><ul><li>“ unreasonable hazard — existing or potential — </li></ul></ul><ul><ul><li>that is posed by a consumer product during or as a result of its normal or foreseeable use and </li></ul></ul><ul><ul><li>that may reasonably be expected to cause the death of an individual exposed to it or have an adverse effect on that individual’s health — including an injury — </li></ul></ul><ul><ul><li>whether or not the death or adverse effect occurs immediately after the exposure to the hazard, and </li></ul></ul><ul><ul><li>includes any exposure to a consumer product that may reasonably be expected to have a chronic adverse effect on human health.” (emphasis added) </li></ul></ul>Canadian Environmental Law Association
  42. 42. CCPCA cont’d <ul><li>Applies to products both manufactured within Canada and imported </li></ul><ul><li>Provides for prohibitions on import, sale, manufacture or advertising specified products – Schedule 2 carries over some items from Hazardous Products Act </li></ul><ul><li>General regulation making power may be applicable to any consumer products including provisions for warnings, recalls, as well as standards </li></ul>Canadian Environmental Law Association
  43. 43. CCPCA cont’d <ul><li>New general prohibition on manufacturing, selling etc products that are a danger to human health or safety, or recalled products (either voluntary or ordered recalls) </li></ul><ul><li>Requirement to report incidents (such as accidents, recalls) to Minister </li></ul><ul><li>Minister may disclose to the public information about a danger to human health or safety that a consumer product poses </li></ul>Canadian Environmental Law Association
  44. 44. Canadian Environmental Law Association
  45. 45. Pest Control Products Act <ul><li>This legislation allows the Minister to register a pesticide in Canada if it is shown to have “acceptable value”; </li></ul><ul><ul><li>“ value” is defined with reference to efficacy (in controlling pests); effect on host organisms; and health, safety and environmental benefits, and social and economic impact </li></ul></ul><ul><li>Minister has an obligation to minimize health and environmental risks and to encourage lower risk products and other measures </li></ul><ul><li>If a registration is granted, it is made conditional on the “label” which outlines the allowed uses and certain conditions of use such as protective wear and frequency of use, concentration limits allowed and other matters. </li></ul>Canadian Environmental Law Association
  46. 46. Pesticide regulation but the federal government: not a safety guarantee <ul><li>Reforms in last ten years have improved and updated the law </li></ul><ul><li>Most pesticide limits have been updated in light of modern risk assessment approaches </li></ul><ul><li>Each chemical is assessed individually </li></ul><ul><li>Evaluation does not account for exposure to multiple pesticides (in the environment, as residues on food, etc.) or to the reality of multiple chemicals in the environment </li></ul><ul><li>Pesticides should not be considered safe just because they have been evaluated and been allowed for use. </li></ul><ul><li>Assessment is of RISK not safety. Children often at greatest risk esp. if already have health concerns. </li></ul>
  47. 47. Pest Control Products Register <ul><li>The register contains information about products, applications, registrations, re-evaluations and special reviews </li></ul><ul><li>Including active ingredients and uses allowed or sought; </li></ul><ul><li>Decisions on applications, conditions </li></ul><ul><li>Information that was provided in support of applications, information considered by the Minister, reports on evaluation of health and environment risks and value and other matters </li></ul>Canadian Environmental Law Association
  48. 48. Canadian Environmental Law Association
  49. 49. Pesticide Products Formulants and Contaminants of Health or Environmental Concern <ul><li>Three lists are maintained by the regulations </li></ul><ul><li>For example, a list of formulants that are of concern due to the ability to cause anaphylactic – type reactions includes fish, wheat, tree nuts, soy, sulfites, crustaceans, sesame seeds and milk </li></ul><ul><li>The contaminants list includes certain dioxans and furans </li></ul>Canadian Environmental Law Association
  50. 50. Food and Drug Act <ul><li>Defines cosmetic – for complexion, hair, skin, teeth, including deodorants and perfumes </li></ul><ul><li>Defines drug – referring to disease and disinfection among other things </li></ul><ul><li>Defines food – includes food or drink for human beings, includes chewing gum and anything that may be mixed with food whatsoever </li></ul>Canadian Environmental Law Association
  51. 51. Food and Drug Act cont’d <ul><li>Standards for food may be prescribed and there is a prohibition on importing or inter-provincial conveyance unless consistent with the standard </li></ul><ul><li>Food may not be sold if subject to a list of drugs any of which were administered to the animals (including meat, eggs, milk) </li></ul><ul><ul><li>For example, clenbutarol (a steroid) or chloramphenicol (an antibiotic) </li></ul></ul>Canadian Environmental Law Association
  52. 52. Cosmetics <ul><li>General prohibition on sale of any cosmetic that may injure health </li></ul><ul><li>Standards may be prescribed; labels and packages that may be mistaken for the standard are prohibited unless in compliance with those standards </li></ul>Canadian Environmental Law Association
  53. 53. Canadian Environmental Law Association
  54. 54. Ontario Occupational Health and Safety Act <ul><li>Part IV deals with Toxic Substances </li></ul><ul><ul><li>Where a biological, chemical or physical agent, or combination is used or to be used in a workplace, </li></ul></ul><ul><ul><li>and its presence or manner of use is likely to endanger the health of a worker, in the opinion of the Director, </li></ul></ul><ul><ul><li>the Director shall order it be prohibited or limited or restricted as the Director specifies </li></ul></ul><ul><ul><li>Or subject to such controls and conditions such as work place practices, engineering controls and time limits as the Director specifies </li></ul></ul>Canadian Environmental Law Association
  55. 55. Occupational Health and Safety <ul><li>Toxic substances orders are to be posted; and must identify the agents of concern and the reasons </li></ul><ul><li>Employer, worker or trade union may appeal to the Minister </li></ul><ul><li>Factors to be considered include interactions of agents, quantities, extent of exposure, availability of other processes or agents for the intended use, data regarding the effect on health, any regulatory criteria </li></ul>Canadian Environmental Law Association
  56. 56. Occupational Health and Safety <ul><li>New biological or chemical agents are not to be used in a workplace without submitting to the Minister the composition and generic names </li></ul><ul><li>Minister may require further information and assessment </li></ul><ul><li>Employers must ensure all hazardous materials in the workplace are listed and that current material safety data sheets are supplied (they must be updated at least every 3 years) </li></ul><ul><li>At the request of any person the Medical Officer of Health shall request a copy of a material safety data sheet and make it available to the person (and may not disclose the name of the person who requested it) </li></ul>Canadian Environmental Law Association
  57. 57. Occupational Health and Safety <ul><li>Regulations may require employers to assess all agents in the workplace to determine if there are hazardous materials </li></ul><ul><li>If employer is advised a worker has an occupational illness, must advise Director, trade union and health and safety committee </li></ul>Canadian Environmental Law Association
  58. 58. Occupational Health and Safety <ul><li>Act has 34 regulations dealing with array of specific contexts, including </li></ul><ul><ul><li>control of exposure to biological or chemical agents; </li></ul></ul><ul><ul><li>specific regulations for certain designated substances such as arsenic, asbestos, vinyl chloride and others; </li></ul></ul><ul><ul><li>Regulations for farming, health care, teachers, </li></ul></ul><ul><ul><li>eg regarding the WHMIS, Workplace Hazardous Materials Information System </li></ul></ul>Canadian Environmental Law Association
  59. 59. Opportunities for Engagement – Ontario Workplace health and safety <ul><li>Input regarding the workplace exposure limits to toxic substances </li></ul><ul><ul><li>Suggestions of new substances to assess </li></ul></ul><ul><ul><li>Suggestions or requests for reviews of existing standards </li></ul></ul><ul><ul><li>Suggestions for reviews of existing practices and protective methods </li></ul></ul><ul><ul><li>Suggestions for reviews of potential for interaction with other substances </li></ul></ul>Canadian Environmental Law Association
  60. 60. Canadian Environmental Law Association
  61. 61. The Toxics Reduction Act (Ontario) <ul><li>Legislation passed in Ontario 2009 </li></ul><ul><li>Intent is to reduce use of toxics in air, land, water and consumer products </li></ul><ul><li>Facilities will be required to track specified toxic substances they use </li></ul><ul><li>Facilities must develop plans to reduce use of those toxics, and make summaries of the plans public </li></ul><ul><li>At least every five years the minister must consult and consider adding to the list of toxic substances </li></ul>Canadian Environmental Law Association
  62. 62. Opportunities for engagement – Toxics Reduction Act <ul><li>Get involved in preparation of employers toxic reduction auditing and preparation of plans </li></ul><ul><li>Review plans as they are developed in your vicinity </li></ul><ul><li>Review reductions achieved as reported in later years </li></ul><ul><li>Suggest additional substances to be added to the regulations under the Act </li></ul><ul><li>Ask Moe for reports of results of the Bill </li></ul>Canadian Environmental Law Association
  63. 63. Canadian Environmental Law Association
  64. 64. Municipal Act (Ontario) <ul><li>Municipalities have extensive powers regarding health, safety and nuisance, and regarding the natural environment </li></ul><ul><li>Municipalities have broad authority to govern their affairs as they deem appropriate </li></ul><ul><li>Municipalities may regulate for the health, safety and well being of the inhabitants of the municipality in matters not specifically provided in the Municipal Act </li></ul>Canadian Environmental Law Association
  65. 65. Municipal Act - Opportunities for Engagement <ul><li>At local level find out if any actions or by-laws have been taken under Municipal Act powers such as Toronto’s recent Right to Know By-law </li></ul><ul><li>Suggest actions to the Municipality – eg mercury thermometer take back programs; more stringent sewer use by-laws; lead pipe replacement programs </li></ul>Canadian Environmental Law Association
  66. 66. Canadian Environmental Law Association
  67. 67. Clean Water Act (Ontario) <ul><li>Clean Water Act passed in 2006 to protect sources of drinking water </li></ul><ul><li>Source protection planning areas are established on a watershed basis and source protection planning committees must oversee the assessment of threats and risks to sources of drinking water </li></ul><ul><li>Threats that are significant require mandatory implementation of source protection plans which are to be approved by the Minister </li></ul><ul><li>Matters provided in the plans will supersede other legislation such as land use planning rules </li></ul>Canadian Environmental Law Association
  68. 68. Canadian Environmental Law Association
  69. 69. Safe Drinking Water Act (Ontario) <ul><li>Safe Drinking Water Act passed in 2002 </li></ul><ul><li>It imposes drinking water standards, establishes rules for operators of facilities, for drinking water systems, for laboratories that do drinking water testing, and for training and certification of operators, among other matters </li></ul><ul><li>Adverse test results from treated water testing must be reported to system owner / operator, Ministry of Environment and medical officer of health and addressed </li></ul><ul><li>Testing and reporting must be made public </li></ul>Canadian Environmental Law Association
  70. 70. Opportunities for engagement – Safe Drinking Water Act <ul><li>Look up water testing reports </li></ul><ul><li>Ask questions </li></ul><ul><li>Know sources in your community </li></ul><ul><li>Know how your local water is treated </li></ul><ul><li>Provide input for water system planning and financing </li></ul>Canadian Environmental Law Association
  71. 71. Canadian Environmental Law Association
  72. 72. Health Protection and Promotion Act (Ontario) <ul><li>Mandatory public health programs include community sanitation, safe drinking water, and prevention of communicable disease, among others </li></ul><ul><li>Other mandatory programs include disease prevention, including cardiovascular, cancer and others, and health services to infants, pregnant women in high risk categories and others </li></ul><ul><li>Complaints of health hazard in occupational or environmental health are investigated in conjunction with the relevant ministry </li></ul>Canadian Environmental Law Association
  73. 73. Health Protection and Promotion Act (Ontario) <ul><li>Medical Officers of Health have a positive statutory duty to keep themselves informed with respect to occupational and environmental health </li></ul><ul><li>Various ministries have obligations to supply information to the Medical Officer of Health </li></ul><ul><li>This Act now includes responsibility for Small Drinking Water Systems </li></ul><ul><li>Extensive order powers are provided under the Act, such as vacating premises, removing materials </li></ul><ul><li>Food premises inspection powers are provided </li></ul><ul><li>Communicable diseases responsibilities are set out </li></ul>Canadian Environmental Law Association
  74. 74. Health Protection and Promotion Act (Ontario) <ul><li>HPPA provides the Medical Officer of Health responsibility to determine potability of community’s water </li></ul><ul><li>Issuance of Boil Water Advisories or Drinking Water Advisories is by the Medical Officer of Health (pursuant to protocols developed by the Ministry of Health and Long Term Care) </li></ul>Canadian Environmental Law Association
  75. 75. Opportunities for engagement – Health Protection and Promotion Act <ul><li>Ask health unit about the small water systems inspection program </li></ul><ul><li>Look at Drinking Water Advisories and Boil Water Advisories – are there any trends </li></ul><ul><li>Ask questions of local medical officer of health </li></ul><ul><li>Suggest environmental health issues be included in programming </li></ul>Canadian Environmental Law Association
  76. 76. Canadian Environmental Law Association
  77. 77. Canadian Environmental Law Association
  78. 78. Contact information <ul><ul><li>Canadian Environmental Law Association </li></ul></ul><ul><ul><li>130 Spadina Ave., Ste. 301 </li></ul></ul><ul><ul><li>Toronto, ON M5V 2L4 </li></ul></ul><ul><ul><li>Tel.: 416-960-2284 </li></ul></ul><ul><ul><li>CELA web site: www.cela.ca </li></ul></ul><ul><ul><li>Low Income Energy Network: www.lowincomeenergy.ca </li></ul></ul><ul><ul><li>CPCHE website: www.healthyenvironmentforkids.ca </li></ul></ul><ul><ul><li>PollutionWatch Website: www.PollutionWatch.org </li></ul></ul><ul><ul><li>Water Guardians website: www.thewaterhole.ca </li></ul></ul><ul><ul><li>Environment & Law Resource Library: www.ecolawinfo.org </li></ul></ul>Canadian Environmental Law Association
  79. 79. Acknowledgements <ul><li>CELA and CPCHE Colleagues </li></ul><ul><li>Legal Aid Ontario </li></ul><ul><li>Ontario Trillium Foundation </li></ul><ul><li>Law Foundation of Ontario </li></ul><ul><li>Theresa McClenaghan </li></ul><ul><li>Kathleen Cooper </li></ul><ul><li>Canadian Environmental Law Association www.cela.ca </li></ul><ul><li>[email_address] 705-324-1608 </li></ul><ul><li>www.healthyenvironmentforkids.ca </li></ul>
  80. 80. This webinar was brought to you by Your Legal Rights: A website of legal information for people in Ontario For more information visit the Environmental Law section of Your Legal Rights at www.yourlegalrights.on.ca For more public legal information webinars visit: www.yourlegalrights.on.ca/training

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