Bill C-61

First Nations Clean Water Act

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

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.

First Nations Clean Water Act

[Patty Hajdu, Liberal, Minister of Indigenous Services and Minister responsible for the Federal Economic Development Agency for Northern Ontario]

moved that Bill C-61, an act respecting water, source water, drinking water, wastewater and related infrastructure on first nation lands, be read the second time and referred to a committee.

Madam Speaker, it is with great privilege that I rise today to speak to Bill C-61, the first nations clean water act, at second reading.

Upon its introduction to this House on December 11, 2023, Chief Logan of Lheidli T’enneh First Nation said that its introduction was “huge for our nation to see a light at the end of the tunnel.” That day, I was joined by first nations partners and federal colleagues to present a bill that reflects the collective vision for a future of safe drinking water and first nations communities, which is work that began with our government's commitment in 2015.

Today, we take an important step forward to ensure that all first nations will have clean drinking water in their communities for generations to come. This bill honours our commitment, not only to first nations but to all Canadians. It would bring us even closer to reaching parity of access to clean drinking water in first nations and non-first nations communities and it would ensure that first nations are in control of their water and their future.

First, let us remember where we came from. Last year, the government officially repealed the 2013 Safe Drinking Water for First Nations Act. First nations across the country had been asking for this since before the bill was even introduced. Why? The members of the Harper government never considered including the voices or perspectives of first nations when it drafted that legislation. To them, this was a problem to be solved, an issue to be managed.

The Conservative bill set rigorous water quality standards for first nations communities, but then allowed the Harper government to systemically ignore and underfund water systems for a decade. It enabled the Harper Conservative government, including the current leader, to put the blame on first nations for failing to deliver on a promise that they never agreed to in the first place. This kind of anti-indigenous racism has been baked into our institutions since they were established. First nations saw the Harper-era legislation for what it was: cynical, political and useless.

This kind of approach changed when we ran in 2015 because we made a promise to first nations and to all Canadians that we would do things differently. We committed to repealing and replacing the Conservative water bill, legislation so hated by first nations that partners called for its repeal before it was passed; and we committed to creating new law to protect water for first nations in true nation-to-nation partnership.

Since 2015, we have met extensively with first nations leaders and communities. We have listened to concerns and priorities and we have shared in this work with partners, with class action litigants, with rights holders and with first nations communities from coast to coast to coast. The AFN stated that, “The bill is the first of its kind to be introduced since the passage of the UN Declaration Act.” Article 19 of the declaration requires states to consult and co-operate with indigenous peoples before adopting legislative measures that affect them. It requires us to do things differently and to deeply consider what consultation and co-operation actually mean.

Hundreds of consultations were held with first nations communities and partners to shape this proposed law and address key priorities identified by first nations. The work of consultations began in 2018 and it consisted of multiple engagements in a variety of approaches. These formal conversations led to the extensive work on the bill we see today. This is reflected in feedback like we have recently heard from the Blackfoot Confederacy chiefs and Treaty 7, who have said recently, “The government clearly listened to the concerns of the Blackfoot Nations regarding the final consultation draft of the legislation and made significant changes to [the bill].... It is for this reason that our nations support...Bill C-61.”

As we are often reminded by elders, knowledge-keepers and many people across the country, water is life. Water is the foundation of community well-being and health. As we all know, we need to do more to protect first nations' water sources.

Some partners shared with me how powerful it was to see their words, their feedback, reflected in our way forward. On the day the bill was tabled, Chief Erica Beaudin of Cowessess First Nation said, “I believe today is historic; not only because the bill has been introduced, but because it is the start of that day where our children will be born with the regulations that are needed.” This is truly a historic moment for law development in Canada.

Throughout this consultation and in my visits to first nations, I have heard the many ways first nations people have suffered through imposed law that undermines their safety, their culture, their connection to the land and water, and the deep sorrow and damage to their ancestors and children as a result, but Canada has committed to do better, to be a better partner in protecting this land, this water and this country together. It will be by working together like this that we advance legislation that restores power, self-determination and tools of equity for healing to occur and for the true potential of all people of this land to prosper. With the newly passed United Nations declaration act, there will be many more opportunities to use and improve on collaboration in law making in the future.

The Assembly of First Nations led the call for the repeal of the Harper bill, and through its extensive work it identified five key issues that would need to be included in any new legislation. They are as follows: Affirm first nations' inherent rights to manage their water systems; create the tools first nations need to protect their source waters; hold governments accountable to invest the funding needed for water infrastructure; codevelop minimum standards for clean drinking water; and support the creation of a first nations-led water institution. Each of these five areas is significantly addressed in this bill, and the AFN now says it is confident that the proposed legislation addresses one of the most critical priorities of first nations: ensuring safe and clean drinking water and adequate waste water.

Bill C-61 recognizes and affirms the inherent right of first nations to self-government, including jurisdiction in relation to water, source water, drinking water, waste water and related infrastructure on, in and under first nations lands. The proposed legislation would also establish rights-based regulatory pathways to protect water and source-water adjacent to first nations lands. This would be done in consultation and co-operation with first nations, other federal ministers, provinces and territories to protect drinking water sources that flow onto first nations lands. It would commit the federal government to working with first nations to ensure they have the tools they need to protect the lakes and the rivers that feed water systems.

Bill C‑61 supports the implementation of the UN Declaration on the Rights of Indigenous People, including by applying the principle of free, prior and informed consent.

The bill would strengthen funding commitments to providing adequate and sustainable funding for water services on first nations lands comparable to services received in non-first nations communities. The bill would establish minimum national standards for drinking water and waste-water services on first nations land based on the choices of first nations themselves. It would help ensure that first nations have reliable access to drinking water and waste-water services on first nations lands in a manner that is comparable to services available to those living in non-first nations communities. It would also ensure that first nations are involved in making the decisions related to their drinking water and waste-water services. The government would have to consult and co-operate with first nations when making funding allocation decisions and developing federal regulations.

Federal regulations governing drinking water, waste water and related infrastructure on first nation lands would ensure that all first nations have effective regulations for their drinking water.

At the same time, the bill would support first nations in exercising their inherent right to self-government by making first nations law paramount over federal regulations under the bill, should first nations choose. The bill would also facilitate water agreements, including transboundary source water protection agreements and bilateral financial agreements between first nations and Canada to support the exercise of first nations jurisdiction on first nations land. The bill would also require Canada to be an active partner in the creation of a first nations water commission that would support first nations in exercising greater control over drinking water and waste-water services on first nations land.

In short, the bill would put first nations in the front when it comes to making decisions on clean drinking water. First nations peoples have always known the importance of protecting the lakes and rivers that give life to us all. They should be the ones making these important regulations to protect water for their communities. They should have the power to develop clean drinking water standards, and they should have the funding they need to do this work along with the tools that enable it to be done.

It is not one thing that will protect water for generations; it is many. This bill addresses the key elements first nations have identified that they need to do this work. It is also why the Atlantic First Nations Water Authority is supportive of its introduction. As Chief Wilbert Marshall said, it is a unique opportunity for first nations to control their service, critical to the socio-economic and environmental well-being of their communities.

Aligned with the United Nations Declaration on the Rights of Indigenous Peoples, this legislation was developed through engagements that put first nations voices at the centre. In fact, we shared two draft versions of the bill with every community across the country to get their feedback. We also posted it online. With the extensive feedback through many sources, it has been first nations voices that have led the process, pushing the federal government to examine itself and its ways to evolve toward true partnership in law creation.

This is a first for Indigenous Services Canada. I would like to thank everyone who reviewed the bill, provided their feedback and helped us develop and strengthen it.

Even though many first nations partners have expressed their support for Bill C-61, the process of review and debate is important to ensure the law is as strong as it can be to achieve its goal of clean water access for generations to come. This stage of the legislation process is equally important, and we will debate this bill. We will hear from first nations voices in committee, and we will be ready to make amendments, guided first and foremost by the voices and experiences of first nations partners.

It is with this spirit that I hope all members will debate this bill: through the lens of self-determination and honour of the commitments Canada has made to first nations people and communities, yet has often failed to meet. Right now, first nations do not have the power or resources to protect or monitor the water flowing into their communities, and the result has been generations of loss, damage, illness, grief and even death.

Last year, I visited with Tataskweyak Cree Nation in northern Manitoba. I met with elders, educators and members of the Tataskweyak to hear about their love for Split Lake, a body of water that almost entirely surrounds their community. I heard about their history of playing, drinking and enjoying the lake in the past, and their deep grief and anger about the poisoning of the water through decades of industrial pollution. The water is so damaged that it now cannot be used to bath with and swim in, let alone drink. The community routinely sees dead animals in the lake, adding to the grief and distress they feel living so close to a once vibrant and alive body of water.

We have worked hard with the community to find an alternative water source at a neighbouring lake, which has meant building a 44-kilometre water pipeline to the nearest clean source of water. However, even with this new source, members are distrustful of the safety of their water supply, and they worry about the spread of contamination to the wildlife in the region, which is an important food source and part of the circle of life. No people should have to live with such fear of their water and such grief of the loss of this most essential element of life.

While the provinces and territories have laws and regulations governing the provision of drinking water, there are no similar regulations for first nations on first nation lands.

When the federal Liberal government took office in 2015, there were 105 long-term boil water advisories in effect. Sadly, given the decade of neglect under the Harper Conservatives, this was not surprising. Indeed, funding for operations was significantly below provincial levels, making it hard for communities to train and retain water operators.

Since then, the federal Liberal government has increased funding for water infrastructure by 150%, and the number of long-term water advisories has gone down by 73%. We have also worked together to prevent hundreds of short-term advisories from becoming long-term. Today, 96% of first nations communities do not have a long-term water advisory.

Even still, as Chief Moonias just recently told me from Neskantaga, trust of water is hard to find when a person has lived their whole life without confidence in its safety. We must continue our efforts to improve long-term access to clean drinking water for first nations. We can see a light at the end of the tunnel with the majority of long-term advisories on a clear path to a lift.

We can never go back to an arbitrary and opaque system of first nations water protection. First nations have the inherent right to clean water, like we all do, and this bill would enshrine the tools needed to ensure Canada honours its commitments as a true partner in protecting drinking water for future generations to come. It is the first law in our country to be developed in such a collaborative way with first nations. I truly believe the inclusion of indigenous peoples in the development of law will mean better outcomes for all Canadians.

I look forward to each member's reflections on how to continue this inclusion as we debate this bill together, and I call on all parties to join me in moving forward with the first nations clean water act, because as Chief Beaudin said, “Indigenous people, indigenous children deserve to be conceived, born and die drinking clean water.”

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, the Bloc Québécois applauds the introduction of this bill.

It is pretty unbelievable, not to say absurd, that in 2024 we still need to pass legislation to ensure that first nations across Canada have access to clean drinking water. Canada is not a developing country. It is a G7 country. Nearly 20% of the world's freshwater reserves are in Canada. It is extremely surprising that in 2024 more has not been done about this.

The Safe Drinking Water for First Nations Act has been criticized ever since it was adopted in 2013 and even before that, as the minister said. I wonder why it has taken so long for the government, which came to power in 2015, to introduce this bill.

In 2017, water was tested in certain communities across Canada. In the community of Listuguj, back home, the water tested positive for lead. Indigenous Services Canada's suggestion was to let the water run.

What will this bill do to ensure that first nations have access to clean water?

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Madam Speaker, I thank the member for her passion for clean water. I share her dismay that this country, in many ways, has led to discriminatory policy and funding for first nations. In fact, that is why we are here today.

Discretionary funding for water safety has been part of the government's shameful legacy, and we are changing that with this legislation. In fact, not only would this legislation install tools and protection for first nations that are enforceable; it would also create the capacity and partnerships with provinces and territories that play a huge role in protecting the water that feeds first nations.

Finally, this law would enshrine the right for first nations people to have equitable funding, like that of non-indigenous communities, for the protection of their water sources, something that has been sorely lacking. First nations partners would have the ability to develop those funding models, together with the Government of Canada, to ensure that we never find ourselves in this situation again.

[Laurel Collins, NDP, Victoria, BC]

Madam Speaker, the Liberal government has been in power for eight years. It is shameful that there are still indigenous communities without access to clean drinking water.

Also, February 6 is the one-year anniversary of the tailings ponds leak that impacted northern indigenous communities, first nations and Métis communities. It has been one year, and we know that Imperial Oil knew for years that there was leakage. There have been no charges and no accountability. Indigenous leaders have come to testify at the environment committee, and they have been calling for accountability for Imperial Oil and big corporations that pollute our waters.

When will the government stop letting big polluters like Imperial Oil off the hook, start listening to indigenous communities and protect their inherent right to clean water?

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Madam Speaker, I would say that this legislation would establish the inherent right to clean water, and it would do more than that.

What it would also do is provide first nations with the tools to be able to monitor the source water that feeds their drinking water systems. That is work that we must do together with provinces and territories. This is collaborative work with multiple levels of jurisdiction that sets first nations on a pathway to have the tools to better detect when their water sources are polluted.

I too have met with the first nations deeply affected by the Imperial Oil spill. Part of the dismay is the worry, concern and fear that the water systems were contaminated for far longer than they knew about. This bill would make sure that situations like that are a thing of the past.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Madam Speaker, in listening to the minister here this morning talk about water advisories, the previous Conservative government left eight and a half years ago, and there are still over 100 water advisories on first nations. In my home province of Saskatchewan, I have seen reserves burn down water treatment plants because the Liberal government has done little or nothing. She can talk about the previous Harper government, but the current government has done very little in the last eight and a half years. I would like her to comment on the situation.

The other thing is that there needs to be education provided for people on reserve to operate these water treatment plants, which is part of the problem we have seen with the government over the last eight and a half years.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Madam Speaker, trust a Conservative member to blame first nations people for burning down their own water treatment plants and for not being smart enough to be able to understand how to operate those plants. That is the kind of paternalism that led to 105 long-term boil water advisories. They were just not worth investing in, I guess.

First nations people have the dignity, the ability and the intelligence to be able to operate complex water systems. I have met water systems operators from across this country. One thing we had to change was the discriminatory funding for water operation in first nations left by the previous Conservative government. Of course, that meant as soon as people got training, they often left for better opportunities to support their families.

We changed that as a Liberal government. We actually created equity in the way water operators are funded on first nations compared to off first nations. However, there is more to do to combat attitudes like that across this country.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I thank the hon. minister for Bill C-61. Ever since it was tabled in December, I have been looking forward to this debate to learn more about the bill. Certainly, as I read it in black and white, it recognizes sovereignty over infrastructure and the right to clean drinking water.

I do not say this in any way, shape or form to suggest that this is not properly thought through, but I am keen to know how we avoid, with training, infrastructure and all the benefits of settler culture privilege, what happened in Walkerton when the provincial government shut down the testing facility, and the water contained E. coli. It did not raise the alarm and people died.

We know that having safe, clean drinking water is the right of indigenous nations. How would the Liberal government ensure this process is adequately funded?

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Madam Speaker, first of all, let me say that I have travelled across this country and visited with first nations people in every province and territory. Universally, the conversation has always started with a deep recognition that water is indeed life, and in fact, water itself has life and is an important element of being custodians and protectors of this planet we all call home.

I want to acknowledge the member's long-standing work on protecting the environment. I am glad she is looking at the bill so closely in her usual fashion.

I will say that the second important element of the five elements in the bill actually commits the Government of Canada to ensure that first nations have the resources and the funding they need to maintain and to operate their water systems, which would be inclusive of recruiting and training new water operators on an ongoing basis. The work on determining how to do that funding would be done and developed with first nations so that it would be truly a collaborative process, rather than one that would be dictated by the federal government to first nations.

[Bardish Chagger, Liberal, Waterloo, ON]

Madam Speaker, I first want to congratulate the minister on her work and the speech she shared with us today.

I think some of the important work that has taken place over the last eight years comes from the separation of what was formerly known as Indigenous and Northern Affairs into Crown-Indigenous Relations and Northern Affairs, as well as Indigenous Services Canada.

I also appreciated the minister's comments with respect to recognizing the value and importance of a nation-to-nation relationship and having first nations and indigenous peoples as part of the decision-making, because the way we move forward really has to come from a better recognition of what we have done in the past, and I think we have to recognize that we have not always done it well.

I would like to hear her comments on some of the publicly available data when it comes to water advisories, as well as the importance of seeing this legislation thoroughly debated and moving it forward as quickly as possible.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Madam Speaker, I would say that Canadians are seized with the need for all first nations to have access to clean water. That is why we have a transparency tracker on the Government of Canada website that can delineate all the remaining 28 long-term boil water advisories and at what stage they are in terms of the work needed to deliver clean water. Most projects are either in the construction stage or waiting for the comfort of chief, council and community to lift that advisory. There are a few who are still determining the best approach.

I would say that it is important to understand the difference in the attitude about sovereignty and indigenous inherent rights between our government and the Conservatives. We heard the member opposite and his shameful comments just a few moments ago. That reflects the overall comment that many people have about the opposition party right now.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Madam Speaker, today I rise to speak to Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands, which I will hereafter refer to as the first nations clean water act.

I want to first comment on what the minister just spoke about. She likes to hurl insults, but she is part of a government that has refused to meet with 133 Ontario chiefs, many of whom are in her own riding, to talk about relief from the carbon tax. One reason they had to move to court action was that the government would not meet with them. Talk about the height of “Ottawa knows best”. There are 133 chiefs, like I said, many of whom are in the minister's own riding. She refused to meet with those chiefs, and now, court action has started. That is peak colonialism, and the minister should be ashamed of herself.

Before I get into my speech on Bill C-61, I would like to take a few moments to acknowledge my colleague and friend, the member for Desnethé—Missinippi—Churchill River, who recently stepped down from his role as shadow minister for Indigenous Services Canada. We all know the member. He has a great vision for this file. He wears his heart on his sleeve, and he truly believes in reconciliation with indigenous peoples in Canada. We all know him for his soft-spoken demeanour, his sense of humour and his well-though-out and articulated positions on indigenous issues. He is someone we really want to listen to when speaking about his file.

I have learned a lot from the member. I know he has really taken this file to heart. He told me he will continue to meet with stakeholders. He values the information and knowledge he has gained from the wisdom of those stakeholders and from the experiences he has had on this file. He said that he will remember those for the rest of his life.

I would also be remiss if I did not thank the member's staff or give them a mention at least. Dion works in the constituency office but is heavily involved in this file in Ottawa quite often. Emalie and Linnae put a lot of effort into this file. Their hearts are in it. I could not be more thankful for the opportunity I have been given to work with the member and his staff.

Moving on to Bill C-61, Canada, as a whole, is blessed with clean, fresh and safe drinking water. It is home to 20% of the world's fresh water and 7% of its renewable water supply, yet safe, clean drinking water has been unavailable for many indigenous communities. The history of Canada's efforts or perhaps “challenges”, in a better word, with respect to addressing the long- and short-term boil water advisories has been one plagued with the inability to get it done.

I am not necessarily speaking to the efforts of one government or another. It is quite clear that all governments today share part of the responsibility in this failure. That is not to say that there were not earnest efforts or, in the case of the current government, are earnest efforts to address this issue, but we know that the efforts in general continue to rely on the archaic and paternalistic Ottawa-knows-best way of doing things. That is what is at the heart of the matter.

This failure is our collective fault, and the worst thing we can do is continue to rely exclusively on public servants, in some cases thousands of kilometres from the problems, to make decisions needed to solve them. It is my hope, and surely something I will be focusing on at committee, that Bill C-61 would address this approach. We look to indigenous-led solutions in partnership with surrounding communities and with all levels of government to ensure, once and for all, that safe, clean drinking water is available to indigenous communities.

The history of the indigenous water crisis is a long one that truly did not start garnering attention until after the tragedy in Walkerton or the contamination in North Battleford, Saskatchewan. In 2001, the then Department of Indian Affairs and Northern Development began to survey water and waste water systems in indigenous communities across Canada “to establish a baseline of information regarding existing drinking water infrastructure”. The assessment covered “740 drinking water systems serving 691 First Nations communities, finding that nearly 30 per cent” were water systems with “potential health and safety concerns...46 per cent” were systems requiring “some repairs” and only a quarter were considered “low risk”, experiencing “minimal” issues “without any problems”.

The figures at the time estimated the problems could be fixed for approximately $1.6 billion. Based on those survey results, in 2003, “the Government of Canada announced the First Nations Water Management strategy”. It was “the first comprehensive plan to tackle drinking water in wastewater systems within First Nations communities.” The plan allocated $1.6 billion between 2003 and 2008 to address seven key areas: “infrastructure upgrades...improved monitoring and reporting...enhanced [operating and maintenance]...increased training...new water quality management protocols...enhanced public awareness; and... new standards, policies and protocols”.

While a “2009 Health Canada report noted that the strategy led to an improved understanding of the challenges plaguing [indigenous] communities...and allowed for faster and more coordinated responses to emerging water issues”, it did not, according to a 2005 report by the commissioner for the environment and sustainable development, provide the same safeguards on drinking water that existed “off reserves”. The conclusion was that a lack of a regulatory regime for indigenous communities, “failure to carry out testing” and a “lack of...technical support...for the design, construction, operation and maintenance of water systems” had to be addressed if the water crisis were to be fixed.

In 2006, “the Government of Canada launched the Plan of Action for First Nations Drinking Water”. The plan of action was built on the first nations water management strategy “and committed an additional $60 million between 2006 and 2008 to...address the findings of the 2005 Commissioner's report.” The plan of action included the creation of an “expert panel”, which found a number of issues that had yet to be addressed by Canada, including that “adequate resources — for...training...operations and maintenance — are more critical to ensuring safe drinking water than is regulation alone” and that a gap existed “between the federal government's cost estimates and the actual amount of funding needed to bring First Nations drinking water systems up to...standard”.

The next step forward came in 2008 with the introduction of the first nations water and wastewater action plan...An additional $330 million was allocated to support [the action plan], which reinforced the [2006 plan] while adding new objectives, including a commitment to consult with [indigenous communities] on new legislation as well as the commissioning of a national engineering assessment of the status of First Nations water systems across the country.

The resulting report, released in 2011, demonstrated that, while Canada had a much better understanding of the water issues in indigenous communities, only marginal progress had been made since 1995.

In 2013, the Safe Drinking Water for First Nations Act was created by the government to support the development of federal regulations to improve first nations' access to clean, reliable drinking water and effective treatment of waste water.

According to the Office of the Auditor General...“[b]etween 1995 and 2003, the federal government spent about $1.9 billion to help First Nations communities provide safe drinking water and wastewater services.” A further $600 million was committed in Budget 2003 to support the [plan]...between 2006 and 2014 the federal government “invested approximately $3 billion towards water and wastewater infrastructure and related public health activities to support First Nation communities in managing their water and wastewater systems.” From 2015 to the present, the federal government has spent over $5.7 billion “to build and repair at least 123 new water and wastewater plants, repair or upgrade 658 others, and support the effective management and maintenance of water systems.”

As I mentioned before, this is an issue that has been the responsibility of successive governments from both sides of the aisle. Clearly, the issue is not spending money, with over $11 billion having been spent by successive government to address the problem. As I alluded to earlier in my speech, we have to look at the way we have been doing things that address the issue. It is time for a new approach.

Now I turn to Bill C-61. We should ask ourselves if this is the new approach we need. I can assure members that that will be the fundamental question that will need to be answered, and in the affirmative, by indigenous leaders at committee if this bill is to succeed. Bill C-61 looks to do a number of things, including affirming and recognizing “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” and setting our principles and provisions to address issues related to first nations clean and safe drinking water, and waste-water treatment and disposal on first nations.

The bill also seeks to create a new first nations-led water commission, as promised, that would monitor water in communities, help them obtain legal advice and make recommendations to federal, provincial and territorial governments where required. As well, subject to the wishes of a first nations governing body, drinking water quality and waste-water effluent would at least need to meet the federal guidelines and regulations, or the standards of the province or territory where the first nations lands are located, and seek to provide pathways to facilitate water protection by creating water protection zones for first nations, provinces and territories to come together to protect, manage and preserve water and source water.

In 2019, legal action was initiated against Canada in a proposed class action suit on behalf of all members of first nations and member resident on reserves that had a drinking water advisory for at least one year since 1995. On December 22, 2021, the Federal Court and the Court of Queen's Bench of Manitoba issued a joint decision approving an agreement to settle the class action lawsuit.

The terms of the settlement agreement were announced on July 30, 2021, and included the following: “$1.5 billion in compensation for individuals deprived of clean drinking water; the creation of a $400 million First Nation Economic and Cultural Restoration Fund...a renewed commitment to Canada's Action Plan for the lifting of all long-term drinking water advisories...the creation of a First Nations Advisory Committee on Safe Drinking Water; support for First Nations to develop their own safe drinking water by-laws and initiatives; [and] a commitment of at least $6 billion to support reliable access to safe drinking water on reserves”. A plan of “modernization of Canada's First Nations drinking water legislation” is included in that as well.

Bill C-61 specifically requires the Government of Canada to provide funding that, at a minimum, meets the expenditures set out in the 2021 settlement agreements. This commitment is $6 billion to be spent between June 20, 2021, and March 31, 2030, to address short- and long-term water advisories. As of May 2023, there were officially a total of 31 long-term drinking advisories in Canada, impacting 27 indigenous communities. This number, of course, has fluctuated over the years and, in some cases, communities have gone off only to be put back on a short time later.

One of the most glaring deficiencies in Canada's approach to safe water for indigenous communities has always been a proper identification and capture of the full picture with respect to unsafe water sources in indigenous communities. Part of the problem is the exclusion of public water systems that the federal government has not given funding. It also does not account for long-term advisories in the territories. A full accounting, taking in these omissions from the official numbers, brings the current total across Canada as high as 55. The lack of consistent and transparent data collection regarding water advisories makes it almost impossible to get a clear picture of the extent of the problem across the country.

For those who may be listening who may not understand what a water advisory is and why it is so fundamentally important to the health of communities, advisories can be issued by a local government, first nation or public health authority when drinking water quality has been or may have been compromised to the point where its consumption poses a risk to public health. Water quality can be adversely impacted as a result of a number of factors, including such conditions as contaminated groundwater or aquifers supplying wells, the presence of bacteria such as E. coli, unacceptable concentrations of harmful chemicals or pesticides, problems with inadequate filtration or malfunctioning equipment or failing to meet the clean drinking water guidelines in Canada.

Numbers can be misleading, and as I mentioned just a few moments ago, many communities continue to hop on and off these water advisories. For instance, five of the 90 first nations communities in which long-term drinking water advisories have been lifted since 2015 have had new long-term drinking water advisories issued since 2019. Two of those communities have had their previous long-term drinking water advisories in place for over 15 years. An additional 12 long-term drinking water advisories are in effect in Saskatchewan, Ontario and New Brunswick for first nations water systems that are not subsidized by the federal government, along with 10 long-term drinking water advisories in British Columbia. Also, we cannot forget the north where the Northwest Territories and Nunavut each have one long-term drinking water advisory in effect.

If Bill C-61 is to be successful, there will have to be a complete review and overhaul of how we account for water quality advisories. One of the other concerns about Bill C-61 that must be addressed at committee is the government's approach to consultation on the bill.

Many first nation leaders, including the AFN, were involved in the process to develop the legislation and will support it. I believe it has been a long time coming, yet not all first nations leaders agree, and there seems to be a growing chorus of voices from first nations communities opposed to the legislation, mainly stating that it was not co-developed or does not have their support. It will be important to hear from those leaders to hear and address the concerns they may have with Bill C-61.

Furthermore, there are a number of other questions that must be explored at committee, including that some communities face extensive barriers to long-term access to safe drinking water, barriers that are unfortunately not solved by money alone.

What are those barriers and how can we partner with indigenous communities to overcome them? Keeping in mind the close spiritual and historical connection with the land, is relocation an option for communities in extreme conditions where no matter of money will provide a long-term solution? If that is an option, what does that look like for an indigenous community? How do we solve the issue of transparency and ensure data is current and relevant and provides a real picture of the water situation?

Long-term operation and maintenance continues to be an ongoing impediment to safe water access. A limited number of trained staff, and in some cases no trained staff, for remote locations beg the question of how we solve critical staffing issues. Perhaps there is potential to explore regional solutions, or shared water management systems that provide a sharing of personnel and resources.

We must also look at the aggravating or mitigating factors limiting access to clean drinking water, such as remoteness, overcrowded communities and areas with poor to no access to water. We need to understand one solution does not always fit all in these situations.

Lastly, what role can technology play? Are remotely operated plants an option? Do we have that kind of technology or the infrastructure available in Canada? We need to hear from witnesses who can speak to those potential solutions.

Conservatives agree clean drinking water is a basic necessity of life. We must work with provinces, territories, municipalities and indigenous communities to develop a real solution with an agreed upon timeline to deliver access to safe drinking water to all communities.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, today we are debating substantial legislation dealing with water. I wanted to highlight that, as a legislature, we often have substantive pieces of legislation before us. This morning, the focus is on Bill C-61, and later this afternoon we will be debating at third reading the Canada-Ukraine trade agreement, both of which are substantial pieces of legislation. There is a finite amount of time and a desire to see good legislation pass in a timely fashion, so we are hoping the Canada-Ukraine trade agreement will pass this afternoon. We are also hoping to see the Conservatives put a high priority on this legislation. I am wondering if the member can give a clear indication of what sort of time frame he would like to see before this bill goes to committee.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Madam Speaker, as I mentioned earlier in my speech, this piece of legislation, Bill C-61, is an important step forward and something that has support from organizations such as the AFN. Others do have some questions they would like asked, and we will get to that in the committee process.

As for the actual time schedule, it is the government that controls the agenda in the House. We are at its mercy. It is really up to its members and their priorities. I notice something with other pieces of legislation, such as the indigenous-led legislation we just finished up in committee today, Bill C-53. That legislation, on self-governance concerning Métis in Ontario, Saskatchewan and Alberta, was promised for months and brought in at the dying days of the session before the break in June.

This piece of legislation, Bill C-61, was again promised for months. I do not know what the delay was on the government's side. I do not know what it was. I believe the delay has been over six months, when we could have been discussing this or even bringing it to committee, and perhaps even passing it at third reading. Again, it is the government putting up these roadblocks. We would like to see what timetable it has in mind.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, I thank my colleague for his speech. Bill C‑61 is important. The Kitcisakik reserve, which is in my riding, does not even have clean drinking water. I recently visited Kuujjuaq. It has no water that is safe to drink. The reservoir is very old, even in Nunavik. The government therefore needs to take action on principle, considering that there is a lot of water, but no adequate infrastructure.

What does the government claim to be doing, and what does my colleague think about it?

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Madam Speaker, it is still shameful that this kind of situation still goes on in our country. I know the member shared a story of a long-term boil water advisory in her riding. The riding of Kenora has had the longest boil water advisory in history, for well over 10,000 days now. It has been in effect since 1995.

That was the heart of my speech. The Ottawa-knows-best approach is clearly not working. With all the technology and brainpower available, we still have boil water advisories. The fact that we are able to solve this and we have not is not beyond me. This tells me that the structure and the status quo itself is not working. If we can address that symptom, I think then, with more indigenous-led solutions, we can actually get this problem fixed.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I always appreciate what the member has to share. I also appreciate that he did list some of the court case settlements. However, I want to ask about source water protection and who has the authority. I know that there have been discussions about whether first nations should have the authority to discuss source water, be it municipal, provincial or federal.

I wonder if he could share his thoughts on what this would mean and why it should be discussed in committee.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Madam Speaker, I take it that INAN committee has wrapped up, because the member for Nunavut is in this place continuing to work hard for her constituents.

This is one of the things I wanted to highlight, and I should have focused more time on it. Those discussions need to take place. We address it, and Bill C-61 does touch on it, by including those voices and those conversations, especially when the bill talks about source water. I spoke about it a bit. I will make a note to speak on it a little more, but one of the things we will address in committee are issues like that.

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Madam Speaker, my colleague highlighted the fact of the timeline on the bill. The government has promised and floated the bill for a long period of time. It is troubling because this is part of the track record of the government, of talking about something and then putting it on everyone else when it has failed to schedule the time.

The member highlighted some organizations in some communities. I know some first nations are quite concerned about the bill, about the fact that they were not consulted and what that means for them. I am wonder if you could highlight what you are hoping to achieve through committee.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The hon. member needs to address all questions and comments through the Chair, not directly to the member.

The hon. member for Haliburton—Kawartha Lakes—Brock.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Madam Speaker, I want to commend my friend, the member for Fort McMurray—Cold Lake, for her work with first nations and Métis communities in her riding. She is a tremendous champion for those voices, and I know those communities appreciate all her knowledge and willingness to continue to learn on this file. It is not a file that should be taken lightly. I know she takes it very seriously and really digs in, and I appreciate that.

She could not be more bang on with her comment. The government, like with many other pieces of legislation, waited until the last second to bring this in. The legislation, as she mentioned, was promised for six months and counting. Bill C-53, the Métis self-government legislation, was brought in during the dying seconds of the sitting before we adjourned in June. We could even go back to the Whitecap Dakota treaty, which was also brought in during the dying days.

Again, it is a growing concern. On the one hand, the government says that the indigenous file is the most important relationship. However, on the other hand, it drops these pieces of legislation at the last second or in the dying days of Parliament.

First nations communities deserve more than that. We should be promoting them front and centre. Unfortunately the government says one thing and does the other.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I appreciated the speech of the hon. member for Haliburton—Kawartha Lakes—Brock. I could not quite decipher between the lines on whether he would vote for the legislation at second reading to get it to committee. Would he know if this would be the position of his caucus?

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Madam Speaker, it is my understanding that we will be voting in favour of this at second reading.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I am concerned with many of the comments the member made about the lack of consultation. In fact, there have been considerable consultations, even representations from AFN at today's introduction of the legislation itself.

Could he provide his comments as to why the government should not work with AFN and the many different chiefs and others to ensure that we get it right? We are confident in the legislation today because of all the inputs in consultations?

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Madam Speaker, unfortunately I did not catch the whole segment of the member's question. It was about the AFN. I think I did say that there should be consultation within all groups.

The AFN, as I did point out, was in favour. However, at the same time, if we want to listen to the AFN, we should also listen to it when it talks about the carbon tax and the 133 chiefs of Ontario who want relief from the carbon tax. The Northwest Territories premiers are now calling for a break from the carbon tax. Let us start listening to those indigenous voices and axe the tax.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, it is with deep humility and a great sense of responsibility that I take up the torch today for indigenous relations and the development of the north and its regions within the Bloc Québécois.

First, I would like to salute my hon. colleague from Manicouagan for her outstanding dedication and hard work on behalf of the indigenous nations of Quebec and Canada over the years.

I am committed to working closely with indigenous communities in the years to come and making progress in strengthening their rights and autonomy while fostering equitable nation-to-nation relations, and I am committed to following in the footsteps of my colleague from Manicouagan.

Before turning to the bill at hand, I also want to give a shout-out to the participants of the second edition of the First Nations Expedition, who are, as we speak, about to set off from Témiscaming or Kebaowek. The participants will cover a total of 3,250 kilometres by snowmobile on their way to Wendake, passing through Mashteuiatsh, Rouyn‑Noranda, where they stopped the day before yesterday, Maniwaki, Saint‑Michel‑des‑Saints, and many other places.

I went to Témiscaming yesterday to meet up with them. Politicians from Témiscamingue of all stripes, so to speak, came out to salute the courage of the participants in this second edition. Participants were selected based on their heightened awareness of the indigenous causes supported by the expedition, as well as their thirst and curiosity to learn more about indigenous nations.

I want draw attention to the two men who came up with the idea. The first is Christian Flamand, an Atikamekw man who spoke passionately yesterday about his commitment and the depth of his convictions. The second is Derek Jeremy Einish, a Naskapi man. Both are motivated by the principles of reconciliation, friendship, respect, solidarity and courage.

The aim of the expedition is to pay tribute to children who attended residential schools, missing and murdered indigenous women, Joyce Echaquan, whose name has come up several times, and children who were taken from their families at birth.

To segue into my thoughts on the bill, I will start by saying hello to a representative of the Naskapi Nation of Kawawachikamach, Billy Shecanapish. We met yesterday and he told me that he has spent his life advocating for water and working with water in indigenous communities. I think that is the perfect segue. I want to say hello to Billy and all those participating in the First Nations Expedition.

For indigenous communities, water is not just about staying hydrated, nor is it simply a commodity or resource. Water is considered sacred, because it is a source of life, knowledge and rights. Water is considered a living entity, with a spirit of its own. Human beings have a responsibility to protect and care for this vital resource from mother earth. In short, water is a symbol of indigenous sovereignty.

That is why I am rising today in the House to speak to Bill C-61, an act respecting water, source water, drinking water, wastewater and related infrastructure on first nation lands. After first reading of this bill, I think it is too soon to give my opinion on it, since the first nations are not all in agreement. We still have a lot of questions about the consultations that were held with first nations and about many of the bill's provisions.

When all of that is put together, it may not have the original intended effect. By way of observation, the notion of co-development, when the government and its main partners are not in agreement, says a lot about the current process. With all due respect, this also happened with Bill C-53, so perhaps the government needs to review the mechanism it uses for consulting with first nations in order to make it truly inclusive and have a real dialogue.

On the surface, Bill C‑61 may appear to be a long-awaited response to the ongoing equality issues related to access to water for indigenous people in Quebec and Canada, but the devil is in the details.

I want to talk about the basics of the right to drinking water. Access to a safe, clean source of drinking water is fundamental to life. Unfortunately, many first nations communities across the country face significant barriers to accessing safe drinking water. Since 1977, the government has been promising to provide reserves with water and sanitation services comparable to those available in the majority of similar non-indigenous communities. However, these promises have often gone unfulfilled.

First nations continue to endure a disproportionate share of the consequences of poor water management, water insecurity and lack of access to good quality drinking water, a situation that would be considered intolerable for anyone living off the reserves. For most people living in a G7 nation, it would be frankly unthinkable.

The consequences of water insecurity require no explanation. However, since we are still here debating a bill on water, in the House, in 2024, I will nonetheless speak to the link between water insecurity and the high rate of suicide in many indigenous communities. In recent years, numerous studies have shown that water insecurity and the loss of traditional water-related practices contribute to feelings of anxiety, depression and loss of cultural identity. These factors, in turn, can significantly affect the risk of suicide. In short, access to safe, clean drinking water is essential not only for the physical health of indigenous nations, but for their mental health and cultural vitality as well.

One of the clearest examples of this chronic inequality is the never-ending drinking water advisories on first nations reserves. Despite Canada's fiduciary commitments to provide potable water to first nations, its repeated promises to eliminate these advisories and its international obligations recognizing potable water and clean water as a human right, these advisories have been in place for decades.

It is odd that Canada, a country where water is abundant and easily accessible, is still unable to offer adequate infrastructure for drinking water access and waste water management. Unlike developing countries, Canada is not dealing with a water shortage, seeing as it possesses 20% of the world's freshwater reserves. It is not deficient in resources or dealing with the instability of an illegitimate or dictatorial government. The current situation should be blamed on successive Canadian governments and their chronic negligence toward first nations. The federal government's lack of interest in first nations is obvious when we look at the limiting and discriminatory situation imposed on these communities, leaving them stuck with poor sanitary conditions.

Questions remain. Given these realities, Bill C-61 represents a first step in the right direction.

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.... 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.

However, as I mentioned earlier, it has not gone unnoticed that we are debating legislation in 2024 to give communities decent access to clean drinking water and proper infrastructure. This bill may seem like a step in the right direction, but it is simply not good enough.

Let us start with the fact that the government's main partners on this bill, the first nations themselves, disagree with the statement made by the Minister of Indigenous Services that the legislation she was working on was the closest the federal government had come to co-developing law with first nations.

The lack of consultation could explain why the bill seems to view free, prior and informed consent, as defined in the United Nations Declaration on the Rights of Indigenous Peoples, as a mere suggestion or guiding principle rather than a strict requirement applicable to all aspects of the bill.

How can first nations trust that the government will consult them on the provisions of this bill, if the government cannot even consult them when the bill is first drafted?

This bill does confirm that water on, in and under first nation lands is part of first nation lands, providing a strong bulwark against provincial land claims. Subclause 6(1) of Bill C‑61 explicitly recognizes that first nations have an “inherent right to self-government, recognized and affirmed by section 35 of the Constitution Act, 1982” with respect to “water, source water, drinking water, wastewater and related infrastructure on, in and under First Nations lands.”

The terminology in this section, which refers to section 35 of the Constitution Act, 1982, clearly establishes that first nations' right to self-government over water on reserve lands constitutes recognition of a constitutionally protected right, not simply authority conferred by law. The fact that the words “water” and “source water” are added means that first nations have complete control over water of any kind on their reserve lands.

The protection of source water is crucial to ensuring that first nations have access to quality drinking water, which supports economic development and helps preserve indigenous rights and cultural practices. Although the bill talks about protecting source water, it does not lay out any specific requirements for protecting it.

On the contrary, both the control and protection of source water remain vulnerable in the provincial and federal agreements required by paragraph 6(1)(b). This does not provide adequate authority to first nations for protecting water sources. First nations will have limited jurisdiction over source water, given that this jurisdiction depends on the agreement between the federal government and the respective provincial or territorial government for coordinating the enforcement of first nations legislation. This is problematic, because water protection varies considerably from one province to another. Also, this bill could always serve as a way for the federal government to shirk its responsibilities to its indigenous partners. Giving first nations considerable power perpetuates concerns about a somewhat disengaged federal government.

Bill C‑61 does not even recognize the basic human right to clean drinking water. Meanwhile, the bill cites the principle of substantive equality in paragraph 5(2)(a) which states that “the distinct needs of First Nations for reliable access to water services must be addressed in a way that respects First Nations rights and their access must be comparable to that in non-Indigenous communities”. Substantive equality is not, in itself, a right to good-quality drinking water. In fact, Canada's refusal to recognize the right to safe drinking water goes against its stated commitment in favour of the right to safe drinking water as a fundamental right within the United Nations.

I want to talk about Kitcisakik, which is located in the riding of my colleague from Abitibi—Baie-James—Nunavik—Eeyou. I would like to talk about a community in my region, Abitibi—Témiscamingue. This indigenous community has been without running water and electricity for years now. Thanks to Quebec's recent commitment, the community will finally be connected to the power grid over the next three years. Unfortunately, the community of Kitcisakik will remain without access to water. Because the water table is too high, it is impossible to dig on site and build the necessary infrastructure, making access to running water impossible. Only the communal showers and the band office have access to this precious blue gold.

Moreover, Kitcisakik has dreamed for the past 30 years of building its new village, Wanaki, which means “land of peace” in the indigenous language. In this way, it could finally acquire modern facilities and infrastructure. This brings me to a key aspect of this issue. To develop water management infrastructure requires considerable, recurring and predictable funding. Historically, this has never been the case. From 2015 to 2018, $146 million was allocated annually to fund this type of infrastructure. According to the Parliamentary Budget Officer in 2017, it would have taken $361 million a year to fund and maintain first nations' drinking water and waste-water systems. The government covered only 40% of the estimated needs.

Once again, I will talk about my region to demonstrate the impact. Maintenance and construction costs are much higher in the regions, and that forces communities to make heart-wrenching decisions. In February 2021, the Abitibiwinni nation on the Pikogan reserve near Amos reported that it was finding it difficult to allocate the funds needed to maintain and run its water and waste-water systems. It is difficult for a community to have to choose between maintaining its infrastructure, water and waste-water systems and roads, and fostering economic and social development when the envelopes are simply not there. We should keep in mind that, in remote regions, the cost of every repair is higher because of the distances involved, the labour shortage and the competition from mining companies in the construction sector.

From reading the bill, we get the impression it seeks to tackle inadequate funding. However, the language used is superficial, requiring only that the government provide “funding that, as a minimum, meets the commitment expenditures” set out in the 2021 Safe Drinking Water for First Nations Settlement Agreement.

The funding provisions in the bill simply do not go far enough to guarantee sufficient funding for first nations. According to clause 26 of this bill, the Government of Canada is content to make “best efforts” to provide adequate funding for water services and to offset the actual costs to first nations of water and sanitation services.

That is a gateway to inaction. The term “best efforts” allows the government to shirk its responsibility to provide First Nations with real access to clean, safe drinking water.

If the minister can simply claim to have done their best to make sure a community has access to water, and the community still does not have access to drinking water, that is legal under the terms proposed by this piece of legislation. That is unacceptable. It is a shirking of responsibility toward our indigenous constituents, and we cannot tolerate such negligence.

I will remind members that the investigation conducted by the Institute for Investigative Journalism at Concordia University revealed that Indigenous Services Canada funded only 33% of the needs of the community of Kebaowek, located in my riding, while the federal government should have contributed 80%. No matter the infrastructure, if the federal government does not do its part, it is unrealistic to think that first nations will be able to meet expectations.

The drinking water problem is also affecting non-indigenous communities. Take, for example, the municipality of Laverlochère-Angliers in the Témiscamingue region. Its inhabitants do not have access to drinking water because it is just too expensive for a community of about 300.

Some 30% of the population of Abitibi—Témiscamingue gets its water from private wells. A study conducted by the Direction régionale de santé publique showed the presence of arsenic in the private wells. It validated the hypothesis that the contaminated wells were associated with a certain type of rock often found near gold deposits. Some of the private wells were dug in gold deposits, so their water contains arsenic. It is important for both indigenous and non-indigenous communities to understand the geology of our region so as to reduce the risk of contamination.

It is also important to remember that, according to a survey conducted by the Abitibi—Témiscamingue public health directorate, four out of five households had not cleaned or disinfected their wells in the past five years.

This is another important point that needs to be included in this bill. How can we fund prevention if indigenous communities opt to dig their own wells? These are important things to think about.

In conclusion, I would say that we are at a crucial point in time and that we must seriously consider the future of access to drinking water in Quebec and Canadian indigenous communities. Although imperfect, Bill C-61 is an attempt to do something about the persistent inequalities experienced by indigenous peoples when it comes to access to drinking water.

However, despite its good intentions, it fails to address basic concerns. The issue of a real and meaningful consultation of first nations is still up in the air, casting a shadow on the legitimacy of this legislative measure. In addition, the funding provisions fail to guarantee sufficient resources to adequately meet the needs of indigenous communities.

We cannot overlook how unacceptable it is that, in 2024, we still have to stand here and talk about the need to ensure access to clean drinking water and decent infrastructure. This highlights the government's ongoing failure to deliver on its commitments to indigenous nations.

As elected representatives, we have a responsibility to ensure that every citizen has equitable access to an essential part of life, namely drinking water. Bill C-61 is an opportunity to improve the situation, but it needs to be strengthened and adjusted to truly meet the needs, demands and rights of first nations.

We must take urgent action and firmly resolve to put an end to this unacceptable situation. Access to clean, safe drinking water is a basic human right, and we must not tolerate any further delay in making that a reality for everyone. The House's commitment to reconciliation and to indigenous peoples requires that we take bold action to ensure that every indigenous and non-indigenous community has a future and can thrive with dignity and fairness.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, personally, I see two strong aspects of Bill C-61.

First and foremost, I appreciate and value all the work and contributions from the minister and indigenous leaders throughout the country. They brought this legislation forward through consultation and hard work.

Second, we talked about the UN declaration, in terms of how we bring forward legislation. Again, we see that the legislation is being driven not just by the minister but also by indigenous leadership.

It is so important that we continue to work hand in hand with indigenous people in order to protect mother earth, as it is often referred to, particularly when dealing with water. Could my colleague provide his thoughts on that?

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, I want to thank my colleague from Winnipeg North for his commitment to first nations and for his question.

I will answer it by pointing out that the Minister of Indigenous Services was asked to release a list of the first nations and organizations that were consulted about the bill. That request went nowhere, and instead the minister stated that all first nations had received the bill, as well as a second one based on consultations with communities.

We obviously need to ensure that consultations have indeed taken place, in a spirit of consultation, not simply sharing information.

Take the Assembly of First Nations Quebec-Labrador, as an example. Its members must be able to take part in the process and have their say, particularly when it comes to first nations located in Quebec. That is what nation-to-nation dialogue is all about. It is an interesting principle, but the government needs to walk the talk.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, a lot of the thoughts the member shared are quite similar to what I have analyzed as well.

I would like to hear from the member what his thoughts are on the current Liberal government's attitude toward indigenous peoples, and what it means that it introduced this bill that would not meet international human rights laws.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, I thank my colleague from Nunavut for her comments and question.

She was already one of the members of the House I most respected. When I had the chance to get to know her better on the Standing Committee on Indigenous and Northern Affairs, I grew to admire her and her genuine commitment to the first peoples even more.

Obviously, in this context, the government must do something toward reconciliation as part of a nation-to-nation dialogue that is as inclusive as possible. When one informs people of something, that is not a dialogue. If I sent someone an email, I obviously cannot say that we had a dialogue. That is key. We have seen the government taking the first nations for granted in too many bills. They have been taken for granted since the Indian Act. That has done a lot of harm.

Now, we need to take action. I think that we can demonstrate a new openness in 2024. That means being proactive, reaching out, and accepting that there may be different ways of seeing things. We are talking here about a fundamental right, access to water. We have to get this right.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, I want to congratulate my colleague on his recent appointment as our party's critic for this very important file.

Earlier, I was trying to tell the Minister of Indigenous Services that, in 2017, water testing was done back home, in the community of Listuguj. The tests found that there was a certain level of lead in the water that did not meet the acceptable or recommended limit set by Health Canada. When the community reported this to Indigenous Services Canada, the department told those people that the problem would be solved if they let the water run for a while prior to consuming it, instead of simply helping the community invest in replacing the plumbing, for example. These tests were carried out in a day care centre. The children were drinking this water. We know that consuming lead or a certain concentration of lead in water has an ill effect on health. It affects children's brain development.

I hope the bill will ensure that, when communities ask for help, the government and Indigenous Services Canada will respond and that the necessary funding will be available.

Does my colleague think this will be the case, or does he still have concerns, especially with regard to funding?

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, I want to say a special thank you to my colleague for her leadership with the community of Listuguj. She clearly knows every detail of that community's needs.

It is unacceptable that a day care does not have drinking water. What happens as a result of a situation like that? The same entity, be it the municipal or local administration or the day care itself, will have to make choices: repair the pipe, or invest the money in education, in preserving the language? In many cases, the health emergency must take priority and the pipe must be fixed. That is a problem because the federal government should be taking on this responsibility. As we have seen over the years, the amounts are simply insufficient.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I thank my colleague from Abitibi—Témiscamingue for his speech and also for his response to the question from our colleague from Nunavut. I was amazed by the question she asked. It is so clear to me that this bill must be garbage if our colleague from Nunavut thinks it does not respect human rights.

Could my colleague from Abitibi—Témiscamingue say a few words about that?

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, I would like to thank my colleague from Saanich—Gulf Islands for her question and her remarks, as well as for her genuine commitment to first nations.

I will give an example concerning water quality. She accompanied the Kebaowek First Nation here so that its members could speak at a House of Commons news conference on a fundamental issue, namely the quality of water in the Ottawa River, which borders their territory. A nuclear waste treatment and storage facility is going to be built in Chalk River. This project is vehemently opposed by my colleague from Saanich—Gulf Islands and many others, including myself.

The possibility of a leak poses a risk to water quality in the region. We are experiencing numerous climate change-related disasters, and it is possible that a tipping point could be reached. In addition, the facility is located on top of a hill from which water runs off into the Ottawa River, six kilometres away. The consequences will be felt not so much in Abitibi—Témiscamingue as farther south, where the water flows down to Ottawa-Gatineau, as well as Montreal and Quebec City. The consequences could be devastating for both indigenous and non-indigenous residents. We need to be extremely vigilant when it comes to protecting our water. I am making a personal commitment to address this issue.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The hon. member for Longueuil—Saint-Hubert has time for a brief question.

[Denis Trudel, Bloc, Longueuil—Saint-Hubert, QC]

Madam Speaker, I am not sure if I can be brief.

What an absurd situation. I have been listening to the debate since this morning, and I cannot get over it. First nations account for 5% of Canada's population. We are debating a bill that seeks to give 5% of the population of this country access to drinking water. It is mind-boggling to contemplate.

I would like to raise another issue with my colleague. I visited his region to talk about housing. Lac‑Simon alone is short 300 housing units. The statistics on housing for first nations are devastating. They are overrepresented when it comes to unsanitary and overcrowded housing.

What does my colleague think should be done to get this issue dealt with here? What can we do not only about drinking water, but also about housing, so that first nations truly have access—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I asked the hon. member to be brief and he took more than a minute to ask his brief question.

The hon. member for Abitibi—Témiscamingue has 30 seconds to answer.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, it was an excellent brief question because it leads me to point out the importance of first nations self-governance. Funding is key, but it must be significant, recurring and predictable.

Let us talk about Quebec's water policy. Quebec made that policy a fundamental law. Based on my discussions with first nations back home, I would say that if the federal government wants to take meaningful action, it should allow first nations to be subject to the provincial legislation, which is already very progressive. If the government stopped encroaching on provincial jurisdictions, that might help Quebec protect water.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The member did a great job. That was just one second over, which is not bad.

Questions and comments. The hon. member for Nunavut.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I am privileged to represent Nunavut in the House. I am sorry I missed the Minister of Indigenous Services's speech as I was in committee. Our committee was concluding the study of the Métis self-government bill. I am glad I am able to at least find out what her statements were and to respond to them later.

I appreciate that before July 1, 1867, Inuit, first nations and, later, the Métis, governed these lands. Before Canada, they had laws regarding wildlife, marine and terrestrial environments, ecosystems and relationships with each other. Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands is a particularly important one to remind us of the existence of indigenous peoples before colonialism. Before colonialism, indigenous peoples protected water and the land, and they used the environment for sustenance, acknowledging the limits. Therefore, protecting and preventing future damage was at the core of being sustained by the environment, especially water.

I take this opportunity to remind Canadians that Canada’s colonial efforts to “remove the Indian from the child” remain active. There are more indigenous children in foster care than there were in residential schools. There are more indigenous people who are homeless, in overcrowded housing situations or living in substandard housing. First nations, Métis and Inuit have the largest infrastructure gap. Indeed, the NDP found that the first nations infrastructure gap is at $350 billion. The Liberal government made cuts to MMIWG funding.

Therefore, when this bill was introduced, I put on my oppressed lens and sought where it could be familiar to me. I found familiarity in asking these questions: Why, in this legislation, are human rights and treaty rights not on par with what other Canadians have as rights? Why does the bill not align with international human rights laws regarding water? Why does the bill provide only a guide regarding the United Nations Declaration on the Rights of Indigenous Peoples?

Before I go deeper into this analysis, I want to share what is included in Bill C-61 according to the Government of Canada website. The key elements of the bill include the recognition and affirmation of the inherent right of first nations to self-government, including jurisdiction over water, source water, drinking water, waste water and related infrastructure on, in and under first nation lands; rights-based regulatory pathways to protect water and source water adjacent to first nation lands, in consultation and co-operation with first nations, other federal ministers, and provinces and territories, to help protect drinking water sources flowing onto first nation lands; and minimum national standards for the delivery of drinking water and waste water services on first nation lands, based on first nations choice.

Other key elements include a federal commitment to make best efforts to provide adequate and sustainable funding for water services on first nation lands comparable to services received in non-first nations communities; a requirement to provide funding that, as a minimum, meets the commitment expenditures set out in section 9.02(2) of the settlement agreement; a requirement for all decisions made under the proposed act to be guided by the principle of free, prior and informed consent; and a commitment for Canada to support the creation of a first nations water commission that would support first nations in exercising greater control over drinking water and waste water services on first nation lands.

To go back to my analysis of the continued lack of commitments toward first nations, as well as the impacts this continues to have on indigenous peoples, unfortunately, Bill C-61 falls short on respecting human and indigenous rights. According to an analysis by JFK Law:

Overall, Bill C-61 provides First Nations with a strong foundation to assert control over their water resources and jurisdiction over water occurring on First Nations land. However, the legislation fails to expressly recognize a human right to drinking water or a guarantee for substantive equality for access to water services on and off First Nations lands. Critically, the legislation fails to include provisions for effective source water protection, which is necessary to ensure First Nations have enough clean water flowing onto their lands and territories to meet their needs.

The Federation of Sovereign Indigenous Nations stated, “the first public draft released by Canada in February was developed in secret by Indigenous Services Canada without any direct input from First Nations, a fact that has been raised by the Assembly of First Nations and several regional First Nations organizations over the course of 2023”. Other first nations, such as those represented by treaties 6, 7 and 8 and Neskantaga said early on that they had been kept in the dark about the legislation and did not see it before it was tabled.

I note that, in addition to another bill tabled by the Liberal government, Bill C-38, an act to amend the Indian Act on new registration requirements, Bill C-61 has been introduced on the basis of a court case. In November 2019, legal action was initiated against Canada on behalf of all members of first nations and members resident on reserves that had a drinking water advisory for at least one year since 1995. Terms of the settlement agreement were previously announced on July 30, 2021. While they have been mentioned by others in this House, I repeat that they include the following: $1.5 billion in compensation for individuals deprived of clean drinking water; the creation of a $400 million first nations economic and cultural restoration fund; a renewed commitment to Canada's action plan for the lifting of all long-term drinking water advisories; the creation of a first nations advisory committee on safe drinking water; support for first nations to develop their own safe drinking water bylaws and initiatives; a commitment of at least $6 billion to support reliable access to safe drinking water on reserves; and the planned modernization of Canada's first nations drinking water legislation.

We have heard that Bill C-61 was co-developed with first nations. While I appreciate the effort by the Minister of Indigenous Services, I know that more could have been done. The Assembly of First Nations is an important national first nations organization. However, it does not represent all first nations. There are indigenous nations in Canada that are not represented by AFN. During committee, we will need to ensure that as many first nations as wish to be heard, are heard. As parliamentarians, we must incorporate indigenous ways of working together. We must ensure that first nations people who feel ignored are afforded the opportunity to speak to this bill. In this way, we can make sure that Bill C-61 is improved and truly co-developed.

In 2018, the Assembly of First Nations held an engagement regarding safe drinking water. The concerns shared at the time included a lack of adequate, predictable and sustainable funding; a lack of recognition of indigenous rights; potential infringement of indigenous and treaty rights; a lack of protection of source water; and insufficient engagement on water issues that directly affect first nations. When Bill C-61 goes to committee, it must seek to answer all these concerns.

Bill C-61 requires scrutiny to make sure that inherent treaty rights and human rights obligations are met. As a G7 country, Canada must show that it treats the original inhabitants with the utmost respect.

We have generations of first nations that have grown up without access to tap water. They probably think it is normal to drink bottled water. We have first nations who probably think that it is normal to boil water before it is safe to drink. It is 2024, and we must ensure that first nations do not continue to think it is okay to have to do this in order to drink water.

Bill C-61 requires a lot of work. I hope that we, as parliamentarians, do this work with the lens that first nations have inherent treaty rights and human rights and that we must all do what we can to ensure that their rights are respected.

[Vance Badawey, Liberal, Parliamentary Secretary to the Minister of Transport]

Madam Speaker, Ontario Regional Chief Glen Hare from the Chiefs of Ontario stated, “The process of this bill is more than consultation. It reflects co-operation and true co-development, a two-way collaborative process.” Could the member comment on what he said?

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, as I shared earlier, I know that the Minister of Indigenous Services has worked really hard with organizations such as the Assembly of First Nations. However, they do not represent all first nations. There are way too many first nations that were not included during this consultation process. In terms of those who were consulted, I appreciate the sentiment, but that does not extend to all first nations.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, I would like to thank my colleague from Nunavut for her commitment and her speech.

I would like to ask the member a question in light of where she is from. What is the drinking water situation in her community? As I understand it, the territorial governments provide safe, clean water in communities, including first nations and Inuit communities. It is my understanding that this is basically the territory's responsibility.

Have the territories been consulted? Do they approve of the elements included in this bill? What are the needs in first nations communities?

I am wondering wether the issue of drinking water was a factor in her decision to get into politics in 2021 and her commitment to improve conditions in first nations communities.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, the member's question is an important one.

As an Inuk, as I said earlier, I had to really scrutinize the bill based on my experience as an indigenous person who has experienced oppressive and genocidal policies most of my life. This is why so much in the bill is familiar in terms of those kinds of oppressive policies. The reason I felt compelled to run to sit in Parliament is that this is the place where we can help make those changes. As parliamentarians, we can make sure that we are always fighting to uphold indigenous people's inherent rights. We are fighting to uphold human rights for all Canadians, including first nations, Métis and Inuit.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, I would like to thank my colleague from Nunavut for the outstanding work she does on this file every day and every week.

Arguably, fresh water is our most precious resource. In Canada, we are lucky to have one of the largest reserves of fresh water anywhere in the world. Many Canadians, including me, take it for granted that, when we turn on the tap, fresh, clean drinking water comes out. However, for so many first peoples, this reality does not exist. That is a shame in a country as wealthy as Canada.

The gist of my question comes from the fact that I have sat in this House of Commons now for just over eight years, and this has, supposedly, been a very important priority for the Liberal government. However, my colleague talked about the infrastructure gap that exists and the fact that there are still boil water advisories, and it is only now that we are seeing this legislative framework come into play in debate, in the form of Bill C-61.

What would the situation be like if the Liberal government had been a little more proactive on the legislative front? If we had seen legislation like Bill C-61 introduced not in the previous Parliament, but the one before that, where might we be now and what difference might that have made for people?

[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.

[Kevin Lamoureux, Liberal, Parliamentary 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?

[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.

[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?

[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.

[Kevin Lamoureux, Liberal, Parliamentary 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—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

It is time for Statements by Members.