First Nations Clean Water Act

An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands

Sponsor

Patty Hajdu  Liberal

Status

Second reading (House), as of Feb. 5, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-61.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment affirms that the inherent right to self-government, recognized and affirmed by section 35 of the Constitution Act, 1982 , includes the jurisdiction of First Nations in relation to water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands. It sets out principles, such as substantive equality, to guide the provision for First Nations of clean and safe drinking water and the effective treatment and disposal of wastewater on First Nation lands. It provides for minimum standards for water quality and quantity and wastewater effluent. It also provides pathways to facilitate source water protection.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

First Nations Clean Water ActGovernment Orders

February 5th, 2024 / 1:45 p.m.
See context

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I very much enjoy working with my colleague.

The reality for first nations, Métis and Inuit, as I was asked about earlier as well, has been unfair. There have been inequities, such as a lack of investments, resulting in many social issues that are beyond what we see for Canadian standards.

The indication that the Liberal government is not showing a true commitment to reconciliation can be seen in this bill. If this bill sought to have true reconciliation with indigenous peoples, it would have shown a willingness to uphold indigenous human rights, international human rights and access to water. It would have included provisions to uphold first nations treaty rights, for example, by making sure that first nations have authority for source water protection and providing an absolute guarantee that funding is sustainable and consistent, so first nations have ongoing access to safe drinking water.

First Nations Clean Water ActGovernment Orders

February 5th, 2024 / 1:45 p.m.
See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, the member expressed some concerns with regard to people she feels were not consulted and should have had more direct input. I know the department has put a great deal of effort into reaching out. The bill will go to committee, and I would encourage the member to look at the potential for changes to the legislation and to work with others at committee.

Could the member provide her thoughts on the importance of the committee itself?

First Nations Clean Water ActGovernment Orders

February 5th, 2024 / 1:45 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, as I said during my speech, it is very important to get the bill to committee. The Standing Committee on Indigenous and Northern Affairs consists of very committed MPs, who are trying to make sure that we do better for all indigenous peoples. The committee just completed a study on another bill that required members to think about how we can be united in ensuring that we respect all indigenous peoples, whether first nations, Métis or Inuit.

Getting the bill to committee will be important, as the committee can hear from all first nations and others to make sure we do better for first nations, especially in the area of safe drinking water.

First Nations Clean Water ActGovernment Orders

February 5th, 2024 / 1:45 p.m.
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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, I would like to once again thank my colleague from Nunavut for her intervention.

Of course, first nations themselves will have to invest considerable sums of money as a result of this bill. We have found that, since 2015, the government has invested about a third or a quarter of the sums needed, so there is a cost to investing.

I wonder if my colleague can talk about the cost of not investing enough. What are the consequences for people living in communities and first nations without access to drinking water? What are the real consequences for people who do not have access to drinking water?

First Nations Clean Water ActGovernment Orders

February 5th, 2024 / 1:45 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I thank the member for his very important question on what the costs of not getting this done will be.

I think some of the bigger costs could include Canada's being seen as not upholding international human rights laws regarding water and as not upholding the United Nations Declaration on the Rights of Indigenous Peoples.

At the community and ground level, first nations will continue to have to boil their water before they brush their teeth. They will have to continue to make sure they are given funds to buy bottled water.

We will continue to see first nations struggling to provide source water, as we have seen in Neskantaga, which is experiencing a 30-year boil advisory and may not get the resources it needs to no longer receive boil water advisories.

The Liberal government promised to make sure that boil water advisories would be eliminated, but we still have far too many, and they are causing everyday consequences for indigenous people. We suffer with the highest suicide rates. We suffer the highest rate of mental health issues. There are too many who are addicted and engaging in substance abuse.

We need to do better at ensuring that first nations, Métis and Inuit can have access to water. It is at the core of doing better for first nations.

First Nations Clean Water ActGovernment Orders

February 5th, 2024 / 1:50 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is a pleasure to speak to such an important piece of legislation. Earlier today, in the form of a question, I talked about important legislation that this legislature deals with, and I cited two pieces. One is the one that is up for debate right now, Bill C-61 and the issue of water; and later this afternoon we are going to be debating in third reading the issue of the Canada-Ukraine trade agreement. As we go through the coming days and the weeks ahead, we are going to be debating substantial pieces of legislation that will have a profound impact in all the different regions of our country. We would hope that the Conservatives in particular will look at the legislation for what it is and ultimately, whether they vote in favour of it or against it, at least allow for that debate to occur.

When I posed a specific question about Bill C-61 to the Conservative critic, he said that it was the government that sets the agenda, as he tried to pass the buck. The member is correct that we do bring forward the legislation, but we are very dependent on opposition members to work with the government in trying to get it out of second reading in order to get things to a debate. The Canada-Ukraine trade agreement is a good example of that.

As I said, I look forward to that debate, but the reason I asked the question in regard to Bill C-61 is that I would also like to see the Conservative Party take a proactive approach to seeing this substantive legislation ultimately pass. It is really important for us to recognize that there is a very limited amount of time in which we can actually debate on the floor of the House of Commons, and we would like to see that this legislation actually gets to committee.

It is important to recognize that it is codeveloped. This is something on which a great deal of consultation and work with the first nations communities was done in order to be able to have what I believe is and what the minister refers to as codeveloped legislation. It would have a very real and tangible impact in terms of water supply.

I have had, if not directly first-hand, an indirect first-hand experience in terms of dealing with the issue of water, and that is with Shoal Lake. With respect to the history of Shoal Lake and how Winnipeg ultimately came to receive the water we receive today, which is virtually untreated, that water comes from Shoal Lake. The Ojibway were protecting that water and had accessed and resourced that water for thousands of years. The City of Winnipeg is actually responsible for ensuring now that we are able to get water, and we turn to Shoal Lake. First Nation No. 40 provides us some of the best water in the world out of Shoal Lake, and at the same time, indigenous people, in particular the Ojibway and others, were at times under a water advisory.

Let us think of that: Shoal Lake provides healthy, clean water to the city of Winnipeg, but people who are living around Shoal Lake were at times under water advisories. For decades, they had attempted to get infrastructure built. I was so pleased when we as a government, a few years ago, committed to Freedom Road, making a connection that ultimately assisted a first nation community.

In terms of this legislation, the issue of reconciliation should not be lost. Never before, at least in the last many years, have we seen a prime minister who is so committed to reconciliation that it is not just words; it is tangible dollars and substantial legislation.

We can talk about the hundreds of millions of dollars and the building up of infrastructure and supporting of infrastructure development, whether it is the social infrastructure of health care, schools and education, or whether it is streets and bridges and roads. As a national government under this Prime Minister, we have had genuine, sincere, tangible investments going into the hundreds of millions of dollars, to support indigenous leaders and their communities. The leadership is there; it is very real and it is making a difference. It is making Canada a healthier nation. We are working with first nations in order to be able to achieve that.

What I like about Bill C-61, as I pointed out in the form of a question, is that for me, personally, it does a couple of things. One, it deals with one of those life ingredients, if I can put it that way, that being water, in a very tangible way, whereby it can be regulated and it can be protected going into the future. It is first nations who are going to be leading Canada on that particular file, I would suggest.

We need to support that. That is why, for the first time, we actually have legislation to deal with that. Unlike previous governments, this is a government that has literally worked in such a way that this is being said to be co-operative or co-sponsored legislation, if I can use that term.

The impact that the AFN and others, whether directly or indirectly, have had on this legislation is considerable. It would not be what it is today if that consultation, if that working together, had not occurred.

As I said in my question to the member who just spoke, there are always going to be concerns. We recognize that. That is one of the reasons I indicated, at the beginning of my comments, that we want to see this legislation ultimately be allowed to go to committee. The sooner it can go to committee, the better.

In good part, it is going to be the Conservative Party that has to work with the government and the opposition to allow this legislation to go to committee, so that we can hear from all of the different stakeholders. In particular, and I would not classify them as a stakeholder but as a partner, we want indigenous first nations to be able to provide their ongoing thoughts and, where they can, provide their support for many of the things that are incorporated in many aspects of the legislation, which are there because, in fact, they requested that they be put into the legislation.

That is the reason I think it is really important, when we take a look at the legislation as a whole, that we recognize that this is something that has, in fact, been worked on for five-plus years. What we need to do is take it to the next step.

We have heard from all opposition critics. We have heard from the minister, and we have heard the explanation. There is the opportunity, hopefully sooner as opposed to later, to actually see the debate conclude and allow the legislation to ultimately pass to the committee stage—

First Nations Clean Water ActGovernment Orders

February 5th, 2024 / 2 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

It is time for Statements by Members.