Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

1. This webinar is brought to you by Your Legal Rights: a website of legal information for people in Ontario. www.yourlegalrights.on.ca Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

2. Introduction to Children’s Environmental Health:key concepts and response strategies Presentation to: CLEOnet Webinar Series November 10, 2011 Theresa McClenaghan, Executive Director Kathleen Cooper, Senior Researcher Canadian Environmental Law Association

3. Please Note: 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.

4. 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. Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

5. 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. Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

6. Outline • Introduction • Key concepts: • greater vulnerability of children; • evidence-based priorities for health effects and exposures of concern • Statutes, rights, remedies and legal tools for public involvement and clients. • Outreach and collaboration.

7. CELA’s Initial Work on Children’s Env’l Health • CELA-OCFP Collaboration: Review of scientific evidence of greater vulnerability of children, focus on lead and pesticides • Overall conclusion – law is not protective of children • Large policy reform agenda • Helped change federal pesticide law and bylaw efforts • Limited effect on chemicals regulation (overwhelming topublic audience) ⇒ Need for education & outreach Environmental Standard Setting and Children's Health May 25, 2000

8. Who is CPCHE? www.healthy environment forkids.ca The Canadian Partnership for Children’s Health and Environment: …an affiliation of eleven organizations working together since 2001 to protect children from toxic chemicals and pollutants.

9. CPCHE Partners www.healthy environment forkids.ca • Canadian Association of Physicians for the Environment (CAPE) • Canadian Child Care Federation (CCCF) • Canadian Environmental Law Association(CELA) • Environmental Health Clinic – Women’s College Hospital • Environmental Health Institute of Canada • Learning Disabilities Association of Canada (LDAC) • Ontario College of Family Physicians (OCFP) • Ontario Public Health Association (OPHA) • Pollution Probe • South Riverdale Community Health Centre • Toronto Public Health (TPH)

10. CPCHE Resources www.healthy environment forkids.ca 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

11. Fetal and Child Health Risks from Environmental Exposures Early environmental exposures are linked to increased risks of…. • Asthma and Respiratory Problems • Impacts on Brain Development and Brain Functioning • Cancer • Impacts on Reproduction, Fetal and Child Development • Impacts on the Endocrine System and Immune System Fetus and child are more vulnerable for multiple reasons: • Differences in proportion, physiology, behaviour and developmental vulnerabilities with lifelong implications

12. Early environmental exposures and links to later life chronic disease • Increasing evidence of associations between early environmental exposures and multiple chronic diseases or chronic disease risk factors including: • Obesity and metabolic syndrome • Type 2 Diabetes • Cardio-vascular disease • Several cancers • Alzheimer’s disease and Parkinson’s disease

13. Low income children at highest risk • Poverty – health risk itself • Substandard housing: • Mould, Lead, (Radon), Pesticides, Combustion gases • Older/reused products:: • phthalates, PBDEs, BPA, PFOs, SCCPs, etc. • Indoor air and dust – key exposure pathways for env’l exposures • Renovation activity can greatly increase some of these exposures

14. First Nations children at higher risk than most children • High levels of poverty • Genetic differences (e.g., risk of obesity) ⇒ increases vulnerability to “obesogenic” substances (Bisphenol A, organotins, others?) • Cultural importance of fish consumption (higher mercury and POPs exposure) • Locations near industry. E.g., Aamjiwnaang FN and suspected impact of chemical exposures

15. Biomonitoring Results: Population-wide Exposures; SES Effect is Apparent • Population-wide exposure to multiple contaminants (lead, mercury, bisphenol A (BPA), pesticides, phthalates, PCBs, brominated flame retardants, perfluorinated compounds, etc.) • Consistently find higher levels in children (e.g., BPA in fetus 5x higher; methylmercury ~ 2x higher) • Lead levels higher in children at lower SES and living in older housing. • Correlations between low SocioEconomic Status and higher PBDE levels in children’s blood.

16. Common Environmental Health Issues in Low Income Circumstances: Mould • Causes • Rain/water leaks due to faulty/poorly maintained roof drainage or basement leaks; plumbing leaks • Humidity and condensation due to: • Damp basements (with no dehumidifier) • Inadequate/missing bath or kitchen ventilation • Overcrowding of people • Inadequate insulation • Low indoor temperature in cold weather • Grows on wood, drywall, paper, damp materials or furniture

17. Mould, continued

18. Common Environmental Health Issues in Low Income Circumstances: Pests • Ants: more common if are moisture problems • Rodents and cockroaches: food sources, multi-unit dwellings and sub-standard housing • Bed bugs: multi-unit dwellings, reused furnishings, hoarding • Response strategies need both of: • Integrated measures to address underlying causes • Low-toxicity or non-toxic pest control

19. Re-cap: Potential for Greatest Exposure • Air (indoors and outdoors) → indoor dust • Food • Consumer products (largely indoors) →indoor air and DUST + Location-specific Issues

20.            Context Matters • The number of chemicals and pollutants is overwhelming, with an obvious conclusion: context matters • 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 • Calls for a more precautionary approach in environmental policy come most frequently when findings point to environmental risks to prenatal or child health.

21. Part 2: What is needed? • Awareness • Advocacy • Research • Prevention • Precautionary policies • Application of legal rights and remedies Drawing by Seaña Brennan, age 6

22. CPCHE/CELA Healthy Retrofits Project Need: Experience with CELA clients, evidence in literature, results of outreach work → hazardous exposures during renovations can result from lack of awareness. Opportunity: To improve on already valuable work to address climate change and improve energy affordability by adding emphasis on making buildings safer and healthier. Age of housing - linear correlation. Canada-wide, as Socio-Economic Status drops, age of housing rises.

23. Phases 2 and 3: Outreach Materials in Development and Promoting Uptake Despite possible health risks, with greater awareness, are easy and low-cost measures can prevent exposure (with some exceptions). Very positive outcomes: The “win-win” of renovations/retrofits that make homes more energy and cost efficient and healthier for children and their families. Brochure – near final draft Supported by on-line content esp. for tenants Negotiations ongoing with outreach partners including utilities and municipal programs, and hopefully large retailers Want information included in province-wide efforts directed at low income residents

24. Getting help with mould problems • Minor problems can be corrected by residents (see e.g., Health Canada resource for First Nations: Mould and Your Health) • Major problems need professional help • Need to work with landlords, tenant/housing advocates, etc. • Some government grant programs, e.g., RRAP • Needs to be integrated into province-wide weatherization program

25. Dealing with Pests: roles, rights and integrated remedies • Landlords are responsible for: • Maintenance, including pest control. Thus, tenant may not have a say in pest control options. • Pest control can include helping tenant to address problem – allows tenant to influence choice of controls • Tenants are responsible for: • Maintaining clean unit to prevent pests • Both need to recognize: • Pest control most effective with integrated approach including removing pest habitat, food sources, entryways, alongside control options such as pesticides. • 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)

26. Dealing with Pests: Least toxic methods, addressing underlying causes • Ants • Reading labels: ant traps using borax and peanut butter (benign choice so long as no peanut allergy) • Are likely to be underlying moisture problems • Rodents and cockroaches • Non-toxic techniques, bait traps vs sprays/open dishes of poison • Control the food source and the entryways (maintenance issues) • Bedbugs • Chemicals often ineffective; steam/high heat very effective • Maintenance issues • Problem of hoarding (mental health support system)

27. Legal Tools – Division of Powers in Canada • Federal government has some responsibilities pertaining to environmental health • Provinces and territories have others • Many powers operate in related areas • Aboriginal governments also have powers and responsibilities; some of the federal statutes explicitly recognize these powers • Within provinces and territories, municipalities and local governments also have powers and responsibilities (delegated) • Actions are appropriate and necessary at each scale Canadian Environmental Law Association

28. Jurisdictional opportunities • These varying jurisdictions give rise to matching opportunities for engagement and input in environmental health law and regulation: • Local – regional or municipal input on matters such as local programming or municipal by-laws • Provincial – input as individuals, groups, associations, professionals on specific agenda items such as provincial occupational health law or toxics regulation • Federal – recommendations for new substances, evaluation of efficacy of existing laws, testing of participation provisions Canadian Environmental Law Association

29. Local to global – an example • Most environmental health and equity concerns have key elements which need attention by each of the jurisdictions • For example, in the case of reducing exposure to toxic substances, • Municipalities may pass right to know by-laws as in Toronto • Provinces may pass a Toxic Reduction Act as in Ontario • Canada may pursue regulation of toxic substances as under CEPA • The international community may control some toxic or hazardous substances under treaties like Stockholm or Basel Canadian Environmental Law Association

30. Multi-scale environmental health issues • 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 • 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 Canadian Environmental Law Association

31. Overview of Statutes • Canada Labour Code • Canadian Environmental Protection Act • Hazardous Products Act • Consumer Safety Products Act • Pest Control Products Act • Food and Drug Act • Ontario Occupational Health and Safety Act • Ontario Toxic Reduction Act • Ontario Environmental Protection Act and Ontario Water Resources Act • Ontario Municipal Act • Ontario Clean Water Act • Ontario Safe Drinking Water Act • Health Protection and Promotion Act (Ontario) • Nutrient Management Act (Ontario) Canadian Environmental Law Association

32. Canada Labour Code • Purpose of part II is to prevent accidents and injury to health arising out of, linked with or occurring during course of employment • Priority is specified to first eliminate hazards, then reduce hazards, then provide personal protective clothing, equipment and materials • Every employer has a general duty to ensure that the health and safety at work of every employee is protected Canadian Environmental Law Association

33. Canada Labour Code • Every employer also has duty to ensure that concentrations of hazardous substances in the workplace are controlled in accordance with prescribed standards (ie regulations) • Also that hazardous materials are stored, handled and labelled as per regulations • Material data safety sheets regarding controlled substances, ingredients on Ingredients Disclosure List, chemical identity of any substances that employer believes may be harmful Canadian Environmental Law Association

34. Opportunities for Engagement – Canada Labour Code • Review Material Safety Data Sheets at the workplace; ensure currency • Ensuring practices at the individual workplace are consistent with the MSDS and other recommended practices • Provide feedback to employers or the party responsible for the MSDS (manufacturer or importer) if the information is incomplete • Monitor standard setting process and provide input into the Canada Labour Code regulations – subscribe to the Liason bulletins  NC-Liaison-Bulletin-Liaison-GD@hrsdc-rhdsc.gc.ca. Canadian Environmental Law Association

35. Canadian Environmental Law Association

36. Canadian Environmental Protection Act • Human health is to be protected from risk of adverse effects of toxic substances, pollution, waste, use of biotechnology • Long term human and human health benefits are to be considered in decisions • 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 Canadian Environmental Law Association

37. CEPA PROVISIONS • An Environmental Registry is established • Whistle blower protection for employees is set out • The Ministers (Health and Environment) are required to conduct research relating to hormone disrupting substances including re detection, effects, preventive, control and abatement • Minister of Health is required to conduct research regarding role of substances in illnesses or in health problems & distribute it to the public Canadian Environmental Law Association

38. CEPA Opportunities for Engagement • Review registry notices • Review research conducted • Suggest research needed to Environment Canada and Health Canada • Provide input into standards and risk management such as the Chemicals Management Plan • Call for extension of regulations; eg phosphorous in dishwasher soaps Canadian Environmental Law Association

39. Hazardous Products Act - Medical professionals and confidentiality • Regulations may specify that medical professionals be supplied with MSDS information in order to make a diagnosis or deal with a medical emergency; • Regulations may also require medical professionals to keep such information confidential except for the purpose for which disclosed Canadian Environmental Law Association

40. Canadian Consumer Products Safety Act (CCPSA) • Just passed by House of Commons and has received first reading in the Senate • Repeals Part 1 (“Prohibited and Restricted Products”) and Schedule 1 of Hazardous Products Act (prohibited products) to replace them with this new law • Addresses consumer products specifically • Defines consumer products as likely to be obtained by an individual for non-commercial purposes • Provides new definitions for controlled and hazardous products remaining under HPA (non-consumer) Canadian Environmental Law Association

41. CCPSA cont’d • A new definition of “danger to human health or safety” “unreasonable hazard — existing or potential — that is posed by a consumer product during or as a result of its normal or foreseeable use and 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 — whether or not the death or adverse effect occurs immediately after the exposure to the hazard, and includes any exposure to a consumer product that may reasonably be expected to have a chronic adverse effect on human health.” (emphasis added) Canadian Environmental Law Association

42. CCPCA cont’d • Applies to products both manufactured within Canada and imported • Provides for prohibitions on import, sale, manufacture or advertising specified products – Schedule 2 carries over some items from Hazardous Products Act • General regulation making power may be applicable to any consumer products including provisions for warnings, recalls, as well as standards Canadian Environmental Law Association

43. CCPCA cont’d • 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) • Requirement to report incidents (such as accidents, recalls) to Minister • Minister may disclose to the public information about a danger to human health or safety that a consumer product poses Canadian Environmental Law Association

44. Canadian Environmental Law Association

45. Pest Control Products Act • This legislation allows the Minister to register a pesticide in Canada if it is shown to have “acceptable value”; • “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 • Minister has an obligation to minimize health and environmental risks and to encourage lower risk products and other measures • 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. Canadian Environmental Law Association

46. Pesticide regulation but the federal government: not a safety guarantee • Reforms in last ten years have improved and updated the law • Most pesticide limits have been updated in light of modern risk assessment approaches • Each chemical is assessed individually • 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 • Pesticides should not be considered safe just because they have been evaluated and been allowed for use. • Assessment is of RISK not safety. Children often at greatest risk esp. if already have health concerns.

47. Pest Control Products Register • The register contains information about products, applications, registrations, re-evaluations and special reviews • Including active ingredients and uses allowed or sought; • Decisions on applications, conditions • 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 Canadian Environmental Law Association

48. Canadian Environmental Law Association

49. Pesticide Products Formulants and Contaminants of Health or Environmental Concern • Three lists are maintained by the regulations • 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 • The contaminants list includes certain dioxans and furans Canadian Environmental Law Association

50. Food and Drug Act • Defines cosmetic – for complexion, hair, skin, teeth, including deodorants and perfumes • Defines drug – referring to disease and disinfection among other things • Defines food – includes food or drink for human beings, includes chewing gum and anything that may be mixed with food whatsoever Canadian Environmental Law Association