Safe Drinking Water for First Nations Act

An Act respecting the safety of drinking water on First Nation lands

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment addresses health and safety issues on reserve lands and certain other lands by providing for regulations to govern drinking water and waste water treatment in First Nations communities. Regulations could be made on a province-by-province basis to mirror existing provincial regulatory regimes, with adaptations to address the circumstances of First Nations living on those lands.

Elsewhere

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

Votes

June 10, 2013 Passed That the Bill be now read a third time and do pass.
June 6, 2013 Passed That, in relation to Bill S-8, An Act respecting the safety of drinking water on First Nation lands, not more than five further hours shall be allotted to the consideration of the third reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
June 4, 2013 Passed That Bill S-8, An Act respecting the safety of drinking water on First Nation lands, {as amended}, be concurred in at report stage [with a further amendment/with further amendments].
May 8, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.
May 8, 2013 Passed That this question be now put.
May 8, 2013 Passed That, in relation to Bill S-8, An Act respecting the safety of drinking water on First Nation lands, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:35 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I hope my hon. colleague was here for my whole speech because we would have talked about what happened in 2005-06 and how I worked with Jim Prentice. He recognized this. Unfortunately, the standard that was set for the department of Indian affairs under Jim Prentice has dropped drastically, I am sorry to say.

We are in a situation now where, under the first nations water systems assessment, done in April 2011, 39% of communities are at high risk and 34% at medium risk. When a community is said to be at high risk, that means life and death. That means threats from E. coli, sickness and people going to the hospital.

The issue before us here is, if we are going to talk about bringing these communities up to a standard, we have to ask where the money is. Where is the long-term commitment? We know that Minister Prentice, at the time, made water a priority issue in 2006, in the first Conservative budget, and started a process of consultation. However, we talk to the chiefs across the country who were part of that process—for example, the Nishnawbe Aski Nation, for which I have such great respect. It said that what is coming out of Bill S-8 is not part of the consultation process.

We have a long way to go, and we need to keep that front and centre on this issue.

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:35 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, everyone in the House recognizes that this is indeed a very serious issue. Clean, running water is one of those things we look at as an essential necessity of life here in Canada, and a vast majority just take it for granted.

Back in November, the leader of the Liberal Party introduced a motion, which ultimately received all-party support from the House. It was great to see the support that seems to be here to try to address the issue.

The member made reference to the importance of resources. We can talk a lot inside the Chamber, but at the end of the day, if we are not prepared to pony up some resources, it would be very challenging for us to ever be able to achieve clean, running water. Would the member not agree?

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:35 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, the House indeed did vote on this. The House also voted on the Shannen's Dream motion, to close the funding gap on education. We have to follow through on those commitments, because water and education have been determined by the United Nations as universal human rights. Those are rights that are routinely denied first nations communities through the systemic negligence that happens. We will set a standard in the House and then not put the resources aside. The communities suffer and the people are at risk.

The Conservatives talk about my rhetoric. I have met the families of the children who are sick. I have met the kids in Attawapiskat who are dying from bone cancers, liver cancers, kidney failures and skin cancers. I know those children. I know where they have been educated, on top of a toxic brownfield with benzene contamination. If we look up in a medical textbook the effects of benzene, we would see that those children have all the markings of it. I have seen it in the water. They cannot drink the water in Attawapiskat. I have seen it when I have walked through the streets and smelled diesel contamination.

The Conservatives should not ever talk to us about rhetoric in the House when children, under their government's watch, are being put at risk time and time again. We have already wasted the lives of thousands of young people in first nations communities who were taken off to residential schools. It is being done again, under their watch. They have to start being serious and putting some money into this.

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:40 p.m.
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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I congratulate the member on his speech. It was not a speech so much as it was his sharing stories of events that have taken place. He meets these people and knows them by name.

He also spoke about our commitment to the United Nations and about what we are putting in jeopardy. Does the member not think that our international reputation with the UN is in jeopardy because of our incompetence?

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:40 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I do not remember a time when Canada has been under so much scrutiny for failing to meet basic human rights requirements as it has been during the last four years. This is something that the media in Germany and England and all over the world is now watching.

I say to my honourable colleagues on the other side that our primary relationship in this country is our relationship with our first nations people. That relationship will continue. I always hear the Conservative types asking when this obligation will end—as though it is an obligation—and why we do not just cut it off and ignore the treaties. Our obligation does not end. It is a relationship and it has been one heck of a dysfunctional and abusive relationship for the last 300 years, but that relationship will continue. It will either continue in a positive manner or under the Conservative government in a negative manner. It is a relationship that defines our country and it is a relationship that defines us internationally.

The UN has in the past year denounced the Conservative government for its treatment of the people in Attawapiskat, for its failure to have a plan for food in the far north and for its abuse of children in its bogus educational system. Three times in the last year, the United Nations has challenged the Conservative government and said it has to start meeting basic human rights standards.

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:40 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank the member for Timmins—James Bay for his speech, which gave me goosebumps several times.

From what I know of aboriginal issues, I do not think there has been much progress since the 19th century. Unfortunately, I would say that there has probably been a regression.

Obviously, the fact that legislation is proposed but the means do not follow is a very troubling aspect of the government's stubbornness in wanting to speed up the process and circumvent a thorough examination of Bill S-8, without taking into account the effects this could have.

I get the impression that the government wants to put a lid on this affair, that it wants to shut this whole thing down and abandon the first nations. What does the member for Timmins—James Bay think about that?

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:40 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, the member asked an excellent question. The issue in terms of addressing this problem is not about shifting blame; it is about taking responsibility. That has not been happening under the government's watch. The government seems to be playing a game of bringing in a bill and blaming the bad chiefs and holding them to account.

The issue that has been identified in terms of safe drinking water is the lack of proper resources. How could one region on the James Bay coast have a complete sewage infrastructure collapse in three communities in a four-year period? That is staggering. That is something we might expect in Haiti, but we should not expect it in James Bay, especially when one of the richest diamond mines in the world is nearby. We are moving into the Ring of Fire, which will affect the people along the Attawapiskat River. There is enormous potential in these communities, but we see the desire is to take the resources out and not build the infrastructure. If we are building the infrastructure to get these mines off the ground, then we can build the infrastructure to ensure sustainable communities.

What the government is giving up is the greatest resource we have in this country, which is the young people on those first nations communities who have so much potential. So rather than treating them as a burden, we need to see their potential, get the job training, get the resource development happening in conjunction with the communities, as the infrastructure is being built.

This could be a positive story. Unfortunately we just see bills. We do not see any forward thinking in terms of fixing this relationship with our communities.

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:45 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is a pleasure to stand today to speak to this bill. I will be splitting my time with the member for Bonavista—Gander—Grand Falls—Windsor.

Clean running water is an important issue, which I posed in a question a few minutes ago to my colleague from the New Democratic Party. It is something for which I believe a vast majority of Canadians take for granted. After all, most Canadians live in metropolitan centres, such as Montreal, Toronto, Vancouver, Winnipeg, Edmonton, Calgary, Halifax and St. John's, from coast to coast. We assume that the water we drink is healthy and that all Canadians have access to clean running water sources. We need to recognize that there are deficiencies all over Canada with regard to clean drinking water or clean water for bathing.

At the end of the day, I believe all political parties will recognize the importance of having clean running water. In fact, the leader of the Liberal Party introduced a motion in November of last year calling upon the House to address the urgent need of first nations communities whose members have no clean running water in their homes. There was great support for that motion. We were quite proud of the fact that we were able to provide that debate in the House last November. At the end of the debate, the consensus was that we should pass the motion. The Liberal Party was quite happy with the unanimous support from all political parties.

We expected some action would be taken. That happened about a year ago in the House. We now have before us Bill S-8, which has a huge gap, the gap being that there are no real financial resources being tied to it. If we are not prepared to recognize the importance of capital infrastructure in order to provide clean running water, we can talk all we want but it will not change the fact. The fact is that there are far too many first nations people living on reserves who do not have access to clean running water. That is something the government needs to be more sensitive to. It is great that it says that it will support the Liberal Party motion that recognizes the importance of the issue and then introduced Bill S-8, but at the end of the day the area of greatest concern must be the financial resources.

I went on the Internet to see just how serious a problem it is. Every year we hear about boil water advisories. Manitoba has thousands of freshwater lakes, rivers, just name it, with high-quality water. In fact, many talk about how we will be able to export water into the future. It is a wonderful natural resource that Manitoba is blessed to have. How that water is managed is being watched very closely.

If we compare Manitoba to many countries in the world, it is amazing the degree to which we have so much good quality water.

I will talk about the list of boil water advisories in Manitoba. These lists are on the Internet and can be accessed by everyone. It is amazing the type of information people can find on the Internet. I think the list of communities would surprise a lot of people. The list includes Alexander, Anola, Balmoral, Birch River, Blue Lakes Resort, Brandon, Carey, Cartwright, the Churchill River Lodge, Duck Bay, East Selkirk, Elma, Fairford, the Garrison, Gem Lake, Glenboro Health Centre, Grand Marais, Granville Lake, Great Falls, Haywood, Île-des-Chênes, Inwood, Lac du Bonnet, Lee River, Lynn Lake, New Bothwell, and the list goes on. The list even includes Pelican Lake, a beautiful are in which we have our cottage. These are all communities where there has been a great deal of concern, and I did not even list half of them in Manitoba. On this particular list it shows 110 where they have boil water advisories or other concerns regarding blooms, but 95% of those are just boil water advisories.

People may ask themselves what it means when they see a boil water advisory. In many of these communities, much like on our reserves, people are astounded to hear that they need to boil their water in order to drink it. Quite often, that is what they need to do. Putting it into perspective, that is nothing new for many people on reserves or in first nations communities. They deal with this year in and year out, which is why we in the Liberal Party tried to raise the profile of the issue. We do not get very many opposition days. It would be nice if the government would allow us to have a few more. However, even with the few that we do have, we listed this issue as an opposition day motion because we felt it was something the House needed to address.

What do we mean when we say “boil water”? The Manitoba government has been somewhat weak in many areas but in certain areas it has made some progress. If we go to its website, we get all sorts of information in regard to what is meant by “boil water”. The Manitoba government website states:

Water Advisories are issued for a drinking water system or a drinking water source by a Medical Officer of Health (Manitoba Health) due to a confirmed or suspected water quality problem. Affected residents and businesses are notified in the event an advisory is issued and provided with instructions on precautionary measures.

There is so much there. At this point, I move:

That the debate be now adjourned.

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:55 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion?

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:55 p.m.
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Some hon. members

Agreed.

No.

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:55 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

All those in favour of the motion will please say yea.

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:55 p.m.
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Some hon. members

Yea.

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:55 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

All those opposed will please say nay.

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:55 p.m.
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Some hon. members

Nay.

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:55 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

In my opinion the nays have it.

And five or more members having risen:

Call in the members.