Bill S-8 (Historical)

Safe Drinking Water for First Nations Act

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

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.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I do want to start by reviewing what our House has accomplished over the preceding five days since I last answered the Thursday question.

Bill C-51, the safer witnesses act, was passed at third reading. Bill C-52, the fair rail freight service act, was passed at third reading. Bill C-63 and Bill C-64, the appropriations laws, passed at all stages last night as part of the last supply day of the spring cycle.

Bill S-2, the family homes on reserves and matrimonial interests or rights act, has been debated some more at third reading. Bill C-60, the economic action plan 2013 act, no. 1, was passed at report stage. Bill S-8, the safe drinking water for first nations act, was passed at report stage, was debated at third reading, and debate will continue.

Bill S-14, the fighting foreign corruption act, was passed at second reading. Bill C-56, combating counterfeit products act, was debated at second reading. Bill S-15, the expansion and conservation of Canada’s national parks act, was debated at second reading. Bill S-17, the tax conventions implementation act, 2013, was debated at second reading.

On Bill C-62, the Yale First Nation final agreement act, we adopted a ways and means motion, introduced the bill, passed it at second reading and it has since passed at committee. I anticipate we will be getting a report from the committee shortly.

Bill S-16, the tackling contraband tobacco act, was given first reading yesterday after arriving from the Senate. Bill C-65, the respect for communities act, was introduced this morning.

Substantive reports from four standing committees were adopted by the House.

On the private members' business front, the House witnessed three bills getting third reading, one being passed at report stage, two being reported back from committee and one was just passed at second reading and sent to a committee.

Last night was the replenishment of private members' business, with 15 hon. members bringing forward their ideas, which I am sure we will vigorously debate.

The House will continue to deliver results for Canadians over the next week. Today, we will finish the third reading debate on Bill S-8, the safe drinking water for first nations act. Then we will turn our collective attention to Bill S-15, the expansion and conservation of Canada’s national parks act, at second reading, followed by Bill S-2, the family homes on reserves and matrimonial interests or rights act, at third reading.

Tomorrow we will have the third reading debate on Bill C-60, the economic action plan 2013 act, no. 1. The final vote on this very important job creation and economic growth bill will be on Monday after question period.

Before we rise for the weekend, we hope to start second reading debate on Bill C-61, the offshore health and safety act.

On Monday, we will complete the debates on Bill S-15, the expansion and conservation of Canada’s national parks act, and Bill S-2, the family homes on reserves and matrimonial interests or rights act.

Today and next week, I would like to see us tackle the bills left on the order paper, with priority going to any bills coming back from committee.

As for the sequencing of the debates, I am certainly open to hearing the constructive proposals of my opposition counterparts on passing Bill S-6, the First Nations Elections Act, at second reading; Bill S-10, the Prohibiting Cluster Munitions Act, at second reading; Bill S-12, the Incorporation by Reference in Regulations Act, at second reading; Bill S-13, the Port State Measures Agreement Implementation Act, at second reading; Bill S-16, at second reading; Bill S-17, at second reading; Bill C-57, the Safeguarding Canada's Seas and Skies Act, at second reading; Bill C-61, at second reading; and Bill C-65, at second reading.

Mr. Speaker, I am looking forward to having another list of accomplishments to share with you, and all honourable members, this time next Thursday.

Suffice it to say, we are being productive, hard-working and orderly in delivering on the commitments we have made to Canadians.

There having been discussions among the parties that it will receive unanimous consent, I would like to propose a motion. I move:

That, notwithstanding any Standing Order or usual practices of this House, the member for Peace River be now permitted to table the Report of the Standing Committee on Aboriginal Affairs and Northern Development in relation to Bill C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts.

Safe Drinking Water for First Nations Act

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, it is a pleasure to rise in the House today. For the second time in two days we will be addressing first nations issues. I would like to advise the Speaker that I will be sharing my time.

Today I am speaking with the help of the MP for Nanaimo—Cowichan, who has done a tremendous amount of work on the first nations file. It almost seems to me that she does more work for the first nations than the entire Conservative caucus put together.

The regulations the government wants to impose may incorporate by reference provincial regulations governing drinking and waste water in first nations communities. However, the expert panel on safe drinking water for first nations expressed concern about using provincial regulations, since that would result in a patchwork of regulations, leading to some first nations having more stringent standards than others.

These regulations would overrule any laws or by-laws made by first nations and limit the liability of the government for certain acts or omissions that occur in the performance of its duties under regulations.

New Democrats want to see safe, clean water and water systems that work for first nations communities, but imposing this legislation is not the solution. The federal government cannot simply unload its liability to first nations without providing the funding to bring the systems up to new standards.

First nations oppose the act because of the new liability provisions for first nations governments and the language around the non-derogation clause that is formulated to possibly be a first step to erode the constitutionally protected rights.

The delivery of safe drinking water to on-reserve first nations communities is critical to the health and safety of first nations Canadians, but for more than a decade, many first nations have lacked adequate access to safe drinking water. Bill S-8 is the second legislative initiative to address safe drinking water on reserve. Its predecessor, Bill S-11, did not proceed to third reading as a result of widespread concerns and subsequently died on the order paper when Parliament was dissolved on March 26, 2011.

Bill S-8 retains several of the features of former Bill S-11, particularly in areas to be covered by eventual federal regulations. Non-derogation language is still included in the proposed legislation, expressly allowing for the abrogation or derogation of aboriginal and treaty rights in some circumstances.

It also provides for the incorporation, by reference, of provincial regulations governing drinking water and waste water.

The text of the bill would not, on its face, adequately address the needs of first nations to build capacity to develop and administer appropriate laws for the regulation of water and waste water systems on first nations lands.

New Democrats agree that the poor standards of water systems in first nations communities are hampering people's health and well-being. They are also causing economic hardship.

However, this legislation would make first nations liable for water systems that have already proven inadequate, without any funding to help them improve their water systems or give them the ability to build new ones more appropriate to their needs.

In addition, although there is a slight wording change, there is a clause in this legislation that would give the government the ability to derogate from aboriginal rights.

A provincial regime of regulations would not do enough to protect first nations communities. The patchwork system of provincial laws was rejected by the government's own expert panel on safe drinking water for first nations. We need a national regulatory system.

Regulations alone will not help first nations people to develop and maintain safe on-reserve water systems. They need crucial investments in human resources and physical infrastructure, including drinking water and sewage systems and adequate housing.

This is not a difficult problem to solve. It just requires political will and adequate investment.

The Assembly of First Nations submitted the following to the Senate committee:

Bill S-8, as part of ongoing process started with Bill S-11 prior to the CFNG, continues a pattern of unilaterally imposed legislation and does not meet the standards of joint development and clear recognition of First Nation jurisdiction. The engagement of some First Nations and the modest changes made to the Bill do not respond to the commitment to mutual respect and partnership envisioned by the CFNG.

The AFN also passed resolution no. 58/210 at its special chiefs assembly in December 2010 calling on the government to: ensure appropriate funds were available for any regulations implemented; support first nations in developing their own water management system; and work collaboratively with the AFN in developing an immediate plan on the lack of clean drinking water.

This resolution also puts the government on notice that the AFN expects any new water legislation to comply with first nations constitutionally protected and inherent treaty and aboriginal rights, the U.N. Declaration on the Rights of Indigenous People and the report of the expert panel on safe drinking water for first nations.

Chiefs of Ontario, the Nishnawbe Aski Nation, the Assembly of Manitoba Chiefs and Treaty 7 nations in Alberta have signalled continued concerns with the proposed legislation, citing, among other things, the need to address infrastructure and capacity issues before introducing federal regulations.

In 2007, Dr. Harry Swain, chair of the expert panel on safe drinking water for first nations, told the Senate committee on aboriginal peoples that:

This is not...one of those problems in Aboriginal Canada that will persist for ever and ever and ever. This is one that can be solved and it can be solved with the application of a good chunk of money for a limited period of time,

The expert panel on safe drinking water for first nations argued that “Regulation alone will not be effective in ensuring safe drinking water unless the other requirements...are met...both human resources and physical assets”.

In 2011, Aboriginal Affairs and Northern Development Canada released its “National Assessment of First Nations Water and Wastewater Systems--Ontario Regional Roll-Up Report”. The results show that 1,880 first nations homes are reported to have no water service and 1,777 homes are reported to have no waste water service.

In 2011, the Aboriginal Affairs and Northern Development Canada commissioned an independent assessment on first nations water and waste water systems. The report clearly states that a significant financial commitment to infrastructure development will be necessary. It will cost $4.7 billion over 10 years to ensure that the needs of first nations communities in water and waste water systems are met. Instead, the Conservatives committed only $330 million over two years in 2010 and nothing in 2011.

I would just remind members of the House that most of us take for granted the fact that we own homes. When we are not in our riding we either live in a hotel or have an apartment. Every day, if we need a drink of water, we just turn on the tap. We take it for granted. Some first nations communities just cannot do that. We had a fine example of that lately in Montreal when there was a boil water advisory. People were shocked that they had to boil their water. All we have to do is think about the first nations that have to do that day in, day out every day of the year and have done so for years.

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, it is my pleasure to speak to the House about Bill S-8, the safe drinking water for first nations act, a piece of legislation that deserves the full support of this House.

The proposed legislation is a crucial component of an integrated plan to resolve an issue that has persisted for far too many years and that threatens the health of tens of thousands of Canadians. Until regulations and standards are in place, the safety and quality of the water in first nations communities will remain at risk, posing a significant health risk.

I call on the opposition to stop stalling and to vote in support of this important legislation.

The long-term plan to improve the quality of drinking water in first nations communities is based on three pillars: capacity-building and operator training; investments in water and waste water infrastructure; and enforceable standards and protocols, which would be this legislation. Each of these pillars is designed to contribute in a specific way to the larger goal, which is access to safe drinking water for all first nations communities.

Improving operator training and community capacity is a case in point. One of the key problems identified in several studies on drinking water in first nations communities was the lack of capacity to operate and maintain water and waste water treatment facilities. In many case, there are simply not enough trained operators available to keep facilities running properly. Without trained and certified operators, any water system, regardless of where it is located, is unlikely to produce safe drinking water over the long term. The challenge is even greater when the system is in a remote part of the country, as so many first nations communities are. It is notoriously difficult to attract qualified workers and to retain them in these remote communities. This is true for a wide range of occupations. The remoteness of a community also contributes to delays in obtaining supplies, replacement parts and qualified repair technicians, which in turn can cause the system components to wear out more quickly.

The best way to address these challenges is to train and employ community residents, because they have a personal stake in ensuring the availability of safe, clean and reliable drinking water in their own communities. This is precisely what the circuit rider training program does.

Under this highly successful program, trainers travel to first nations communities and provide system operators with on-site, hands-on training on how to operate, maintain and monitor water and waste water systems. To increase the number of trained and certified operators, our government invests approximately $10 million each year in this program. Thanks to the circuit rider training program, there are now more trained and certified system operators than ever before.

In 2011, the national assessment determined that operators with the appropriate level of certification managed only 51% of first nations' water systems and 42% of first nations' waste water systems. One year later, annual performance inspections of the same systems concluded that these numbers had increased to 60% and 54% respectively.

Obviously, systems operated by properly trained and certified staff are more likely to consistently produce safe drinking water.

Less obvious, perhaps, are two other important benefits. First, properly trained operators are better able to ensure that facilities function effectively throughout their expected service life, maximizing the value of the infrastructure investments. Another benefit is that trained and certified operators will be better able to ensure that their systems can meet future regulatory standards.

Even the best qualified operators would struggle to consistently produce safe drinking water if they had to work with outdated or unserviceable equipment. That is why investments in water system infrastructure represent the second pillar in the Government of Canada's strategy to improve the quality of drinking water in first nations communities. Between 2006 and 2014, our government will have invested approximately $3 billion in water and waste water infrastructure in first nations communities. Economic action plan 2012 included more than $330 million over two years to build and renovate water and waste water infrastructure.

In this 2012-13 fiscal year alone, this investment supported some 286 major water and waste water infrastructure projects in first nation communities across the country. The government would continue to provide funding so that first nations could improve the quality of their water system infrastructure.

To get the full value of infrastructure investments, however, water systems must also be supported by enforceable regulations. That is what we are talking about today. These regulations would specify treatment standards, testing protocols, allowable levels of contaminants and all of the other factors that help define safe drinking water.

Regulations would foster accountability and provide community residents with the assurance they need to trust the water that comes out of their tap. Delivering safe drinking water on a consistent basis would require a chain of interventions: sources must be protected, for instance; and water must be filtered, treated and tested. Although these processes may vary, based upon the quality of the source water and the size of the distribution network, they must all be solid. Also, like all chains, the one that safeguards drinking water is only as strong as its weakest link.

Regulations would represent a key component of the overall process. They would specify science-based standards for quality testing, treatment protocols and other factors. Regulations would also assign responsibility for specific tasks. The organizations, such as municipal utilities, that supply water to the public must abide by these regulations.

Without regulations, there could be no assurance of the safety of drinking water in first nation communities. Regulations would provide the overarching framework of a drinking water system and guide the efforts of everyone involved in the system.

Bill S-8 would include a mechanism to establish regulatory regimes concerning the drinking water systems in first nation communities. This it the third pillar of the plan. The regimes would include rigorous standards and protocols and promote the accountability necessary to ensure that first nation communities have access to safe, clean and reliable drinking water.

To develop regulations, the legislation calls for a collaborative, region-by-region approach. In each region, first nations, the Government of Canada and other stakeholder groups would, together, design a regulatory regime tailored to local circumstances. The regulations used in nearby communities, such as provincial regimes, would serve as valuable guidelines.

I believe there is a tremendous value in this approach, because existing regulations are typically informed by the real-world challenges of producing water in a particular part of the country—challenges such as geography, weather and the quality and availability of water sources.

All three pillars must be in place to ensure that residents of first nation communities can access safe drinking water on a consistent and reliable basis. Operators must be properly trained; facilities must be functional; and standards, guidelines and protocols must be backed by regulations that must be in place.

Considerable progress has been made on all of these during the past seven years. The legislation now before us would support further progress.

Bill S-8 would be an essential part of a sensible, practical and balanced plan to improve the quality of drinking water and protect the long-term health of tens of thousands of Canadians.

Currently, laws are in place to protect the safety of drinking water accessed by every other Canadian, except for those living on reserve.

I call upon the opposition to stand up for first nations across this country and support Bill S-8.

[Ray Boughen, Conservative, Palliser, SK]

Mr. Speaker, I will be sharing my time with my colleague from Mississauga.

Before I get into my remarks, I had better take a minute to help my hon. colleague across the floor, because unfortunately, she has the facts all fouled up. There are no facts in what she is talking about.

Let us take a minute to look at the time frame. There was a comment made that nothing has been done on this file for years and years. The truth of the matter is that the file became very active in the summer of 2006. We are now in 2013. I respectfully suggest that there has been a fair time frame between 2006 and 2013.

From February to March 2009, there was a series of engagement sessions with first nations communities to look at their problems and at anticipated solutions. In the fall and winter of 2009-10, government officials met with first nations chiefs to discuss their needs with respect to water and waste water on their reserves. From October 2010 to October 2011, without prejudice, first nations organizations addressed various concerns about water.

I mention water, because the hon. member across the way seemed to think that we did not do anything with this file, and nothing could be further from the truth.

There was also mention of there being no funding. Let us look at that for a minute.The government has committed $330.8 million over two years through economic action plan 2012. That plan runs, as members know, into 2013, as well. Therefore, there is indeed money for this project.

As we go further into 2014, the Government of Canada will have invested $3 billion to support delivery of drinking water and waste water for first nations. I respectfully submit for members that this is a sizable piece of change. Obviously, the government is taking water and waste water very seriously.

I stand today to declare my support for Bill S-8, the safe drinking water for first nations act. The proposed legislation would lead to further progress on the remarkable collaborative effort that has been under way for more than seven years to improve safe drinking water in first nations communities.

As the members of the House recognize, although considerable progress has been made to date, much work remains to be done to ensure that the residents of first nations communities have access to safe, clean and reliable drinking water. I am convinced that the key to safeguarding drinking water is to develop regulations using the same type of collaborative approach that has produced so much progress in recent years.

In 2006, the Government of Canada and the Assembly of First Nations agreed to a joint plan of action for first nations' drinking water. At that time, the parties committed to five specific action plans. They are, in no particular order, but all of them important, the following: implementing a clear protocol on water standards; ensuring that water systems operators are properly trained; making immediate fixes to water systems in 21 priority communities; establishing an expert panel to identify options for an effective regulatory regime for drinking water in first nations communities; and issuing regular updates on progress made through the plan of action. This collaborative plan inspired significant results and led to a further commitment of funds in an increased effort to make tangible, long-term progress.

For example, thanks to the government's ongoing investment in the circuit rider training program, the number of trained and certified operators, between 2010 and 2012, increased from 51% to 60%. First nations' drinking water systems have enjoyed this increased certification. For first nations' waste water systems, the number has risen from 42% to 54%.

The expert panel created under the plan of action staged a series of town hall sessions across Canada and identified three legislative options. We are talking about water and waste water, and as members in the House here this afternoon are aware, the focus is very much on targets.

One of these options, the delivery of regulations on a region-by-region basis, forms the basis of the legislative situation now before us. To improve the original version of that option, the Government of Canada has published a discussion paper and has met with representatives of first nations groups.

The government has been accused of not consulting, but here we are, a year later, after holding a series of 13 engagement sessions and hearing from more than 500 members of first nations. Throughout these sessions, the participants agreed on the urgent need to address health, safety and environmental concerns related to drinking water in first nations communities.

In 2010, the Government of Canada introduced a different version of Bill S-8, which died on the order paper at the dissolution of Parliament in March 2011.

I respectfully submit that the government has indeed paid close attention to waste water and water management on reserves. It has supplied dollars for the development of the programs. It has supplied training for the development of the programs. It has put in action a plan that ensures that the government has made a commitment to first nations for water and waste water, and it will continue that commitment over a period of years until all first nations communities have the same water and waste water as all the rest of Canada.

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, it is with very real frustration that I rise today to speak to Bill S-8, which is focused on federal regulations for water and waste water systems for first nations communities.

In his speech on Bill S-8 earlier this week, the Parliamentary Secretary to the Minister of Aboriginal Affairs said:

It is time to move forward and create the regulations needed to safeguard drinking water in first nations communities.

That is not what the government committed to when in 2011 it supported the Liberal Party motion:

...to address on an urgent basis the needs of those First Nations communities whose members have no access to clean, running water in their homes...

The same motion provided that:

action to address this disparity begin no later than the spring of 2012.

Simply passing a bill—a year late—to allow for water regulations to be imposed on first nations is not the action contemplated in that 2011 motion passed unanimously by the House of Commons. Bill S-8 is not going to fix the problem.

People living in a large proportion of first nations communities do not have access to basic, clean, drinkable water. Lack of access to clean drinking water presents a serious health threat to first nations communities, creating a higher likelihood of disease and infection transmission and poorer overall health outcomes, as we saw with the H1N1 epidemic, particularly on the reserves in northern Manitoba. We are dealing with a crisis that needs much more than words from the government: it needs action.

Unfortunately, this legislation shows just how out of touch the government is in terms of the appalling state of water and waste water systems in hundreds of first nations communities. It will not provide clean water to one more home or one more trained operator for a first nations water facility. The only thing the bill would do is distract from the government's inexcusable inaction on confronting the appalling capacity gaps in these communities in terms of water infrastructure and maintenance.

The position of the Liberal Party has been crystal clear on this legislation since the beginning. In fact, I wrote to the then minister for aboriginal affairs in September 2011. In that letter I explained the Liberal position had two fundamental points.

First, Liberals would not support any legislation on safe drinking water that was introduced without an implementation plan for additional resourcing that fully addresses the deficiencies identified in the national assessment on first nations water and waste water systems.

Second, the government would have to collaborate with first nations and obtain their free, prior and informed consent on the range of regulatory options regarding safe drinking water, as identified by the expert panel on safe drinking water for first nations, before the reintroduction of legislation.

The government has failed to address either of these critical points.

Every report regarding the tragic on-reserve water situation states that the massive infrastructure and capacity gaps must be addressed before a legislative option is adopted.

The Assembly of First Nations commented:

Bill S-8 will not guarantee that First Nations have access to safe drinking water. Bill S-8 creates new regulations and standards but does not provide First Nations with any resources to meet those new standards. ... Safe drinking water requires more than writing new regulations. Safe drinking water requires infrastructure and facilities, skills, training and resources.

The Assembly of Manitoba Chiefs wrote to the committee, stating:

AMC has stated several times the fundamental problem is a financial resource one.

The Canadian Bar Association stated:

From a policy perspective, what is still needed is a firm government commitment to provide resources to address water quality issues on reserves, not necessarily new legislation.

In fact, witness after witness came before committee in opposition to this legislation and, among other problems, specifically identified the government's decision to move forward without addressing the capacity gap as the primary issue impacting the provision of safe water to first nations communities.

Grand Chief Roland Twinn of Treaty 8 First Nations of Alberta reflected what the committee heard in general from first nations when he said:

...the Assembly of Treaty Chiefs of Treaties 6, 7, and 8 in Alberta has, from the very beginning, made significant efforts to work with the Harper government to fix the deplorable state of first nations' drinking water systems. Our efforts have been rewarded by the government with political spin, broken promises, and a meaningless piece of legislation that will do nothing to ensure safe drinking water for first nation people.

The government's own expert panel found:

Regulation alone will not be effective in ensuring safe drinking water.... Regulation without the investment needed to build capacity may even put drinking water safety at risk by diverting badly needed resources into regulatory frameworks and compliance costs.

That is the key point. The government's own expert panel said that far from fixing the problem, this approach may even make matters worse.

That report, on page 29, line 2, also said that:

...adequate resources for plants and piping, training and monitoring, and operations and maintenance...are more critical to ensuring safe drinking water than is regulation alone.

The 2007 Senate report entitled Safe Drinking Water for First Nations, from the aboriginal peoples committee chaired by the Hon. Gerry St. Germain, a Conservative senator, stated in the conclusion:

Sustained investment in the capacity of First Nations community water systems and of those running the systems is absolutely essential to ensure First Nations people on-reserve enjoy safe drinking water. Without this investment, we risk introducing a regulatory regime that burdens communities and does little to help them meet legislated standards.

Given the recommendations of the expert panel and first nations about the need to deal with capacity and resourcing issues before, or at least in concert with, legislation, it is shocking that the government decided to introduce the bill in the Senate, where it is subject to increased restrictions on incorporating resources. As a Senate bill there is, and can be, no funding appropriation attached to Bill S-8.

During his speech last week, the parliamentary secretary for aboriginal affairs bragged about the fact that his government “has made significant investments in water and waste water infrastructure....”

Despite actually taking credit for money yet to be spent, the parliamentary secretary neglected to note that his government's own 2011 national assessment of first nations water and waste water systems identified an immediate funding shortfall of $1.2 million and indicated it would require $4.7 billion of new money spent over the next 10 years to deal with the first nations water and waste water capacity gap. This funding shortfall took into account the current funding levels, which have not been increased since that time.

Let us be clear: the $330 million over two years the government points to in its 2012 budget is simply a temporary extension of temporary funding from 2010 and fails to address the capacity gap identified in the 2011 assessment.

In fact, not only is the government content to impose standards and regulations on first nations without providing the required investment in physical assets or capacity-building to deal with the problem, it is actually cutting the money allocated to first nations health and safety-related infrastructure projects, such as water facilities.

Budget 2011 proposed $7 billion over the next 10 years to continue to provide support for first nations, primarily for health and safety-related infrastructure projects. Given that over the past six years this program received an average of $1.2 billion annually, this “new” funding commitment actually represents a cut of approximately $345 million per year from the 2012 funding levels and $500 million from the six-year average. This is nothing short of shocking.

The legislation would result in significant new costs and responsibilities being imposed on first nations without any commitment to transfer the necessary resources.

Despite the Prime Minister's rhetoric at the Crown-First Nations Gathering about resetting the relationship, the Conservative government has shown a total disregard for the rights of indigenous people.

The Liberal Party has heard consistently in the Senate, in the House of Commons and in discussions outside Parliament that there were not appropriate consultations with first nations on this bill.

Grand Chief Craig Makinaw summed up this issue for the House of Commons committee studying this bill, when he stated, “...we shouldn't have one-day consultations across the country and conference calls. That's not consultation.” Consultation requires both a substantive dialogue and for the government to listen and, when appropriate, incorporate what it hears into the approach. Many did not even get the courtesy of a one-way information session the government tries to pass off as consultation.

Chief Charles Weaselhead of the Blood Tribe put it simply for the commons committee when he stated, “...there has been no consultation with the Blood Tribe”. Although first nations have a constitutional right to be consulted on matters like this, the Liberal Party believes it is also just good government to consult with all those impacted by decisions.

At committee, a representative of Metro Vancouver pointed out:

A lack of acknowledgement of local government interests and the absence of a meaningful consultation process, including opportunities for local government involvement and input, pose serious challenges for local communities in that public interests with respect to Bill S-8 are not being fully considered.

Proper consultation leads to better policies and solutions that actually make sense. That has not happened regarding Bill S-8. The bill explicitly subjects existing aboriginal and treaty rights to a clause that suggests that such rights can be overridden. What is disguised as a non-derogation clause states, “to the extent necessary to ensure the safety of drinking water on First Nation lands”.

When the Canadian Bar Association presented to the Standing Committee on Aboriginal Affairs and Northern Development, it noted, “We believe that the qualification 'except to the extent necessary to ensure the safety of the drinking water on First Nation lands' is in itself an explicit abrogation or derogation of existing Aboriginal or treaty rights pursuant to section 35 of the Constitution Act...”.

Mr. Christopher Devlin of the CBA also made it clear to the committee, “Our simple point to the committee is that we don't believe this is necessary and we don't believe it is required for the bill to be effective as it's drafted.”

Despite evidence from legal and aboriginal experts about the serious problems with this clause, the government stubbornly refused all opposition amendments to fix it. This prompted National Chief Shawn Atleo of the AFN to write to the minister after the bill was reported back to the House, urging him to correct this flawed clause before the bill is passed into the House of Commons. He made it clear in that letter, which states, “First Nations will not accept the diminishment of Aboriginal and treaty rights in Bill S-8.” It is time for the government to listen.

All Canadians, regardless of where in Canada they live, whether it is in the north, the south or elsewhere in the country, have a fundamental right to have access to drinking water and adequate water facilities. The Liberal Party will not be supporting this legislation because the government has decided to move forward in a way that not only ignores the fundamental issues at stake, but may actually make things worse.

The House resumed from June 4 consideration of the motion that Bill S-8, An Act respecting the safety of drinking water on First Nation lands, be read the third time and passed.

Bill S-8—Time Allocation Motion

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, this government's actions are absolutely shameful. I am outraged that it would dare impose a 41st gag order on this Parliament, this time concerning Bill S-8, especially given that this bill contains significant flaws. In particular, these legislative measures will make first nations responsible for water supply systems, which have already proven to be inadequate, without giving them the funding and the means to construct systems that are better adapted to their needs.

Last year, the NDP member for Timmins—James Bay told the government about the heartbreaking situation in the community of Attawapiskat. It is clear that first nations are not a priority for the government. Why are the Conservatives not taking action?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Speaker, not to disagree with the member, but we think enough time has been allocated to discuss and debate views and concerns about this bill.

The fact is that over 50 witnesses spoke on Bill S-11, the previous version, and on Bill S-8, the current version. Members heard from many organizations, including the Assembly of First Nations, the Atlantic Policy Congress of First Nation Chiefs, the Assembly of First Nations of Quebec and Labrador, the Institute on Governance and the Indigenous Bar Association.

Bill S-8 was introduced only after many hours of discussion. There has been enough debate. It is time to act.

[Bernard Valcourt, Conservative, Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, it is clear that the member is not very much concerned about the substance of the subject matter of this motion.

The motion is about Bill S-8, safe drinking water for first nations. This bill is crucial to ensure that first nations have the same health and safety protections concerning drinking water and waste water treatment as are currently enjoyed by other Canadians.

It has taken seven years for us to get to this point. It has taken seven years of continuous dialogue with first nations, including formal engagement sessions and implementing measures to accommodate the concerns of first nations.

The proposed legislation before Parliament today is the result of hard work and collaboration. It is time to move forward.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

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.

Bill S-8 — Notice of Time Allocation Motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I would like to advise the House that agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to third reading stage of Bill S-8, An Act respecting the safety of drinking water on First Nation lands.

Under the provisions of Standing Order 78(3) I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage of the said bill.

Safe Drinking Water for First Nations Act

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, from the outset, the parliamentary secretary expressed the hope that the official opposition would support the bill.

The NDP will not support the bill, and I will lay out my reasons. Part of that reasoning has to do with the fact that at committee, we presented a number of amendments, none of which were accepted by the government. The problem is that we heard loudly and clearly from a number of witnesses about some very serious concerns about the legislation.

I will start with the report of the expert panel on safe drinking water for first nations. It laid out, even before we got to the stage of debating Bill S-8 in the House and at committee, some conditions it saw as being important for the legislation to move forward. It started out by saying, “Preconditions: provide resources, discuss and deal with high risks”. In the report it indicated:

The federal government must close the resource gap. First and most critically, it is not credible to go forward with any regulatory regime without adequate capacity to establish by the regulatory requirements. While attempting to assume that putting a regulatory regime in place would reduce the dangers associated with water systems, exactly the opposite might happen. This is because creating and enforcing a regulatory regime would take time, attention and money that might be better invested in systems, operators, management and governance.

But the problem is more fundamental than the resources that would be lost to creating a regulatory regime. The underlying issue is that the federal government has never provided adequate funding to meet the 1977 policy commitment as comparable facilities on reserves...

Apart from any legal duty, however, we believe that meaningful discussion between the federal government and first nations is necessary if any action to improve the safety of water on reserves is to be effective and responsive.

It goes on to say:

Deal with high risk communities immediately... Any of the options would take time--probably several years--to reach the ultimate goal of safer drinking water for all First Nations. In the meantime, however, many reserve residents face serious risks from the drinking water available to them, sometimes from collective systems, but very often from individual wells or other water sources.

When government members talk about Bill S-8, they talk about it providing safe drinking water for first nations. When I posed the question for the parliamentary secretary with regard to how long this would take to develop the regulations, there was no answer.

Literally, we can see years before those regulations are developed and implemented. In the meantime, it does not deal with the very immediate risks that a number of first nations have identified. A number of first nations communities have been under boil water advisories for years, not months, not weeks, not days.

When Chief Rose Laboucan, came before the committee, she talked about the fact that they had a $6 million water plant in their communities and they were consistently off and on boil water advisories. Therefore, it is not just having a water plant in place; it is ensuring it is a water plant that is appropriate for first nations communities. This bill, in and of itself, will not guarantee safe drinking water.

I will run through parts of the bill because there are places where we have some serious objections. The first one is right in the preamble, so even before we get into the clauses of the bill. The preamble states that the two departments, Health and Indian Affairs, have committed to working with first nations to develop proposals for regulations to be made under this act. “Working with first nations”, that is not language around consultation.

To refer to the report of the expert panel on safe drinking water, it said:

The second precondition is the need for the federal government to assess whether it has a legal duty to consult with First Nations affected by any of the three options. This duty, according to the Supreme Court, “arises” when the Crown had knowledge, real or constructive, of the potential existence of the aboriginal right or title and contemplates conduct that might adversely affect it.

As my colleague from Abitibi—Baie-James—Nunavik—Eeyou reminds me, it is not only the duty to consult, it is the duty to accommodate. That element around consultation is not outlined in the bill. Nor have we had any satisfactory answers.

The parliamentary secretary rightly pointed out that the bill had been before the House in a number of different iterations. With regard to any kind of comfort about the level of consultation that took place in order to come to this final bill, when the first nations technical services advisory group, an Alberta organization, came before the committee, it talked about what the consultation process looked like.

I will quote from its document. It says:

Disappointingly, the Government of Canada has never responded to any of the concerns and issues identified in the Impact Analysis, which has left Alberta First Nations wondering why Canada asked for and funded the Impact Analysis if it never intended to review it, respond to the concerns it raises, or meet with First Nations to discuss it. Sure, there is a legal obligation to consult, but the TSAG is more concerned about the practical implications of Canada's failure to consider the Impact Analysis because it means that Bill S-8 has been developed without any meaningful input from First Nation leaders, communities or water systems operators in Alberta.

In the earlier days, the government talked about the fact that Alberta was in support of the bill. However, when it provided input, as was outlined by the speaking notes from the technical services advisory group, it was disregarded. It did not even hear back as to why its input was disregarded and not considered in this latest version of the bill.

The issue around consultation needs to be clearly spelled out for people to have any kind of confidence that meaningful consultation will take place. In too many pieces of legislation that have come before the House in the last two years, there has not been meaningful consultation. It has been probably the one criticism that has been a thread throughout every bill that has come before the House dealing with first nations.

When it comes to clause 3 of the bill, clause 3 is the section that has what the government likes to call a “non-derogation” clause, but what like first nations like to call a “derogation” clause because it starts out sounding like a non-derogation clause but then it throws in the zinger. At the end of clause 3, it states, “except to the extent necessary to ensure the safety of drinking water on First Nation lands”. Essentially, what we have is a non-derogation clause that now becomes a derogation clause.

When the Blood Tribe came before the House, it actually provided a briefing note that said:

In the current version, the abrogation and derogation clause, section 3, is now broader in scope proposing to allow the Act and the regulations to potentially abrogate or derogate from our constitutionally protected Aboriginal and Treaty Rights to the extent necessary to ensure the safety of drinking water on First Nation lands. Rather than protecting such rights, the provision suggests that it can directly violate those rights and disregard Canada’s legal obligation to protect Aboriginal and Treaty rights.

That position is reconfirmed by the Canadian Bar Association.

The Canadian Bar Association is also very critical of this derogation clause instead of a non-derogation clause. It said:

We believe that the qualification “except to the extent necessary to ensure the safety of the drinking water on First Nation lands” is in itself an explicit abrogation or derogation of existing Aboriginal or treaty rights pursuant to section 35 of the Constitution Act, 1982. The qualification in section 3 of Bill S-8 does not, in our view, ameliorate the constitutional problems identified in our earlier submissions on Bill S-11.

We have been unable to find any precedent or explanation for this proposal which would still, in our view, abrogate or derogate from section 35 rights under the Constitution Act, 1982 in order to provide safe drinking water to First Nations. This provision raises two key issues:

is it necessary to implement the objectives of the bill?

if so, is it constitutionally valid? Can Parliament use its legislative power under section 91(24) to abrogate or derogate unilaterally from the rights protected by section 35?

The attempt to abrogate and derogate aboriginal and treaty rights by statute or regulation would set a dangerous precedent and should not slip by without full explanation and discussion.

In the testimony we heard before our committee from anybody who was a proponent of the bill, nobody could explain why it would be a legitimate use in clause 3 to actually derogate from inherent rights. We proposed an amendment that would have removed the derogation part on clause 3 and it was voted down.

I want to turn to testimony we heard from Akwesasne. When Akwesasne came before the committee, they indicated they were in the middle of negotiating an agreement that would give them jurisdiction over some of these areas. They asked that a provision be in the bill that would delay it coming into force for self-governing first nations that were developing their own water codes, or for other nations that were in a similar kind of an agreement.

The case presented for this was say, for example, these regulations were being developed and coming into force just before a first nations would be signing an agreement that would allow them to implement their own drinking water regulations. The first nations could then be covered by Bill S-8, and then there would be a delay before they could actually implement their own drinking water provisions.

We suggested an amendment that was similar to one under the matrimonial real property legislation. In fact, we lifted it right out of that bill. It talked about the fact that for a first nations in the process of becoming self-governing, or with one of these other treaty agreements, that the bill would not come into force for three days after the day.

That would respect and allow the time to complete those negotiations so that a first nations would not be forced to deal with two different pieces of legislation. That, too, was denied, even though it was in the matrimonial real property bill which allowed self-governing first nations to develop their own matrimonial real property codes. It would have been a reasonable thing to insert in this bill.

When the next amendment we put in, we heard consistently from first nation after first nation, and from the expert panel, that resources were absolutely critical. In this case, we asked the Minister of Aboriginal Affairs and Northern Development and the Minister of Health to take into account the capacity of each first nation to comply with the prescribed standards to install their drinking water and waste water systems, and to train the operators of these systems.

Now the reason we inserted that particular amendment was because first nations who testified raised a number of concerns about their capacity to comply with the regulations and what the liability would be for the community if they were unable to comply. It seemed to be a reasonable request to ask that the government assess capacity to comply.

If there is not capacity to comply, then it would seem incumbent upon the government to ensure there are resources available, whether it be for infrastructure or training of operators, to ensure first nations could actually meet the regulations being set out before them. Again, that was denied.

We also proposed an amendment that requires capital infrastructure life cycle planning, so that future capital needs are known and expected and can be appropriately budgeted for at the local, regional and national level.

The parliamentary secretary, in his speech, did point out that there are some challenges with infrastructure in first nations communities with regard to the life cycle, the way the infrastructure was originally put together, and certainly with ongoing operations and maintenance.

The government likes to refer to itself as being fiscally responsible. Any of us who have been in control of large budgets know that what has to be done is not only the fiscal year planning but also the longer term planning, the 5-year, 10-year, 25-year cycles. When dealing with large infrastructure projects, it is essential that this kind of life cycle planning is done.

Asking to establish a system of capital infrastructure life cycle planning, again, seems like a reasonable thing to do, particularly when first nations are going to be told they have to abide by the regulations or else there are penalties and a possibility that property could be seized, as laid out in Bill S-8. However, that amendment was voted down as well.

I see that I only have two minutes left, and I have another 25 minutes worth of notes, so I will try to whip through this.

[Greg Rickford, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I am grateful for the opportunity to speak to the opposition and to Canadians about why I and the other members of the Conservative government will be supporting Bill S-8, the Safe Drinking Water for First Nations Act, and why I urge all hon. colleagues in the House to vote in favour of a bill that will finally give first nations the tools they need to access safe drinking water on reserve.

It has taken seven years for us to get to this point. For seven years, we have had continuous dialogue and consultations with first nations, including formal engagement sessions, informal discussions, and consultations with community members and leadership, technical experts and department officials. This legislative proposal evolved as we worked together, listening to and accommodating the concerns of first nations living on reserve.

The legislation before Parliament today is the result of hard work and collaboration from coast to coast to coast. It is time to move forward and create the regulations needed to safeguard drinking water in first nations communities.

Right now, there is no such protection for tens of thousands of first nations, so Bill S-8 addresses this urgent need. Until regulations and standards are in place, the safety and quality of water in first nations communities will continue to remain at risk and pose a significant health threat for thousands of individuals living on reserve. It is unfortunate, if not shameful, that the opposition continues to oppose this bill. It would rather stand by and allow for the current situation to continue to be a reality for first nations across the country.

Currently, laws are in place to protect the safety of drinking water accessed by all other Canadians, except in first nations communities. While it is true that a handful of self-governing first nations have enacted laws dealing with drinking water and waste water treatment, they are very much the exception. The truth is that when it comes to regulating drinking water, residents of most first nations communities are left unprotected. We cannot tolerate this any longer.

Access to safe drinking water is a hallmark of a progressive, modern society. It is a basic form of infrastructure that Canadian communities depend on. Without a dependable supply of water, it is much harder to maintain public health. This is precisely why so much effort and expense are devoted to acquiring and securing consistent access to safe drinking water.

A closer examination of this effort and expense sheds light on the needs that Bill S-8 would address. They are these. Safe drinking water results from a chain of events, such as actively protecting sources, filtering and treating water, and regularly conducting quality tests to ensure that all systems are functioning properly. Like all chains, the one that safeguards drinking water is only as strong as its weakest link.

Regulations represent a key link in the chain. While they vary slightly from one jurisdiction to another, all regulations specify science-based standards for quality testing, treatment protocols and other factors. Municipal utilities that supply water to the public must abide by these regulations. If not, the justice system holds them to account. The penalties can be severe, and rightly so, given that the health and safety of Canadians is at stake. After all, contaminated drinking water can lead to disaster.

That is precisely what happened 13 years ago in the town of Walkerton, Ontario. A combination of operator negligence and lax regulatory standards led to the death of seven people and more than 2,000 people falling ill. The tragedy inspired a series of improvements to Ontario's drinking water regulations. Today, the vast majority of Ontarians trust that the water that comes out of their tap is safe to drink. It is our government's objective that first nations communities can have that same trust in their water systems.

Our government strongly believes that the law should afford all Canadians similar protections when it comes to drinking water. Bill S-8 would provide the authorities needed to develop and establish regulatory regimes for safe drinking and the treatment of waste water in first nations communities. The absence of regulations makes it impossible to ensure the safety of drinking water in first nations communities over the long term.

In fact, several studies have made this point abundantly clear. For instance, seven years ago, the Commissioner of the Environment and Sustainable Development published an in-depth study on the issue. The study concluded that, in most first nations communities, responsibility for the various steps involved in the treatment and delivery of drinking water is diffused among several groups. As a result, it is nearly impossible to hold any single group accountable if something goes wrong; for example, when a pump fails or a water quality test is not done properly.

Here is a quote from that study, “...until a regulatory regime comparable with that in provinces is in place, INAC and Health Canada cannot ensure that First Nations people living on reserves have continuing access to safe drinking water.”

It is clear that without regulations there can be no assurance of the safety of drinking water in first nations communities. Regulations lead to accountability. They assign responsibility for specific tasks and for meeting science-based standards. Regulations provide the overarching framework of a drinking water system and guide the efforts of everyone involved in that system synchronously.

Our government appreciates that regulations alone cannot produce consistently safe drinking water. The other links in the chain must also be in place, such as functional equipment, trained operators, reliable sources of drinking water, proper distribution networks, and appropriate standards, guidelines and protocols. That is why, since 2006, this government has made improving drinking water in first nations communities a top priority.

We have made significant investments in water and waste water infrastructure with approximately $3 billion between 2006 and 2014. As part of Canada's economic action plan version 2012 alone, $330.8 million is being invested over two years. This money has paid for new treatment facilities, upgrades to existing systems, operator training and distribution networks.

While significant progress has been made, regulations are still not in place. However, as a result of these important investments, the percentage of high-risk water systems has decreased by 8.1% and the percentage of high-risk waste water systems by 2.1%. We have doubled funding for the circuit rider training program, which has helped support and train hundreds of first nations water and waste water system operators.

I will take this opportunity to highlight the important work that Confederation College and Northern Waterworks are doing in the great Kenora riding in upgrading the certifications for first nations community members who go back to their isolated first nations communities with more appropriate, if not higher than required, standards to operate water and waste water treatment facilities in their communities.

These programs have seen significant results. For example, since July 2011, the percentage of first nations systems that have primary operators certified to the level of drinking water systems has increased from 51% to 60%, and the percentage of certified waste water system operators has increased from 42% to almost 54%.

Going forward, as we have stated on numerous occasions, I can assure members that our government will continue to invest in water and waste water infrastructure on reserve. As members can see, Bill S-8 is an essential part of our government's larger comprehensive strategy to improve the quality of drinking water for residents of first nations communities.

There are three essential pillars born out of the extensive consultations and the important work done by a coast to coast to coast consultation process in co-operation with the Assembly of First Nations. These three essential pillars are: capacity, with the ability to report, monitor and maintain infrastructure; continued investment in infrastructure; and the development of a clear regulatory framework, which is the basis of today's debate and discussion on Bill S-8.

The legislation before us would help address the third pillar and establish regulatory regimes similar to those that make the drinking water systems in other communities reliable and safe.

Bill S-8 would inspire further progress, not only by establishing regulatory standards but also by extending the collaboration with first nations that continues to generate positive results. When Bill S-8 receives royal assent, our government will continue to work with first nations and other stakeholders to develop regulations on a region-by-region basis. This is important.

Developing regulations by region would enable the government and first nations to partner with municipalities and regional technical experts who deal with the most responsible and the most appropriate forms of water and waste water treatment, which prevail in those regions for a variety of different reasons. This collaborative region-by-region approach would also leverage the value of existing regulations rather than creating entirely new regulations. The most efficient approach is to build upon existing provincial and territorial regulatory frameworks and adapt, where needed, in order to reflect specific local conditions.

We are talking about a very flexible piece of legislation, but let me be clear. This approach would not take jurisdiction away from the first nations, nor would it give a province, territory or municipality jurisdiction over first nation lands. To the contrary, by developing regulations that are comparable to those that exist off reserve, first nations would be better positioned to partner with neighbouring municipalities in the delivery of water treatment services and to co-operate on other matters, such as operator training, business ventures and the adoption of new technologies.

I should add that we are already seeing this. The previous minister of aboriginal affairs and I had an opportunity to tour some water and waste water treatment facilities in Quebec. There we saw water and waste water treatment facilities operating on a reserve for the benefit of that community and the municipality. We also saw communities where water and waste water treatment systems were operating in a municipality or city for the benefit of the reserve. In both instances, there were trained certified operators from both respective communities for the collective benefit of everybody there, better economies and better safety.

There is no question that it will take time to develop and implement regulations across Canada. For this reason, the regulations would be phased in to ensure there is adequate time for the government and first nations to bring drinking water and waste water infrastructure and operating capacity to the levels required to be able to conform with the new regulations. As our government has stated many times in the past, we are not going to roll out regulations until first nations have the capacity to abide by them. Health and safety remain our ultimate goals.

We talked about those three pillars. They support the concept that the pillars not mutually exclusive of each other. They depend on each other to support the kind of framework we are moving forward with first nations on. Namely, if we are going to have legislation, we have to ensure that we have certified operators and that they have the capacity to report, monitor and maintain that infrastructure. Similarly, we have to ensure that they have the infrastructure in place in those communities to be able to meet those standards.

I fully recognize that some first nations do not have the resources needed to help develop these regulations, so back in April 2012 the former minister of Aboriginal Affairs and Northern Development sent a letter to all chiefs and band councils confirming that our government would provide the funds needed for eligible activities. We have already provided funding to the Atlantic policy congress to support its researching and analyzing the development of regulations for first nations in the Atlantic region.

In order to continue progress on drinking water in first nation communities, the establishment of an appropriate regulatory regime is required. In the absence of such a regime, investments in infrastructure and training can do little to safeguard water quality. The government has been engaging with first nation partners since coming to government in 2006 and we have continued to engage with first nations on the proposed legislation every step of the way. In fact, this engagement has never stopped.

After the last iteration of the legislation, Bill S-11, died on the order paper, we took action to address some of the concerns that had been raised by first nations and other important stakeholders by making a number of amendments to the current iteration or version of the bill we have before this place.

On the current bill, Bill S-8, we have also continued to consult and we have taken action to address some of those concerns that were raised in regard to the opt-in provision for self-governing first nations. As a result of extensive discussions between stakeholders on this matter, the government brought forward an amendment at committee recommending the removal of this provision from the bill. Removing the opt-in provision serves as yet another good example of the positive results produced by ongoing collaborative discussions with first nations and other stakeholders.

The legislation now before us offers a sensible, practical, balanced solution to an urgent problem that threatens the health of tens of thousands of Canadians. The regulations stemming from Bill S-8 will provide residents of first nation communities with the same level of confidence as other Canadians when it comes to their drinking water.

In closing, this is a matter of health and safety. I appreciate my colleagues' debate. I appreciate the points they have raised in previous readings of the bill and the important work of all committee members as we worked through Bill S-8. However, the priority moving forward is to bring the kind of legislation into play that will support and reflect the need to continue making investments in training and to ensure there are certified operators for the infrastructure, which on an ongoing basis needs to be rehabilitated or replaced.

As a result of those two things, we will find over the course of time, hopefully sooner rather than later, that standards for drinking water and waste water treatment on reserve are at the same levels that other Canadians have come to expect from their respective governments. Therefore, I reach across the way and ask my colleagues to join us and support Bill S-8.

The House proceeded to the consideration of Bill S-8, An Act respecting the safety of drinking water on First Nation lands, as reported (with amendment) from the committee.

Economic Action Plan 2013 Act, No. 1

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Mr. Speaker, when I last spoke in the House I made some observations about a recurring theme in the government's initiatives and announcements, and that is that the government is distancing itself from social intervention, more specifically from providing services in the country.

My last intervention focused on charities. I tried to substantiate my comments by introducing our audience to the notion of distancing, the government's desire to withdraw, a desire that has been obvious every day since it came to power. I could see that there were some controversial topics that Canadians viewed somewhat unfavourably. This government is often an easy target, both within Canada and internationally. That is the case when it comes to human rights—which I will come back to later—and access to clean drinking water. Recently in committee, we were examining Bill S-8, an initiative that once again transfers the burden of sanitation and access to clean drinking water onto first nation band councils. As everyone knows, this a fundamental right that is enshrined in the Constitution and one that is internationally recognized. Access to clean drinking water is crucial; it is a basic human right. The government is trying to step back from its obligations, to distance itself, and is transferring this burden to other bodies such as band councils, which do not necessarily have sufficient financial resources to deal with these issues.

Bill C-60 contains the same kind of blind transfer of responsibility. Some subjects are rather contentious, rather controversial. That is why the government is trying to get out of its obligations, or at least distance itself from the negative spotlight associated with certain subjects.

I will now substantiate my remarks by giving some concrete examples.

Throughout this mandate, many members in this House have joined with the auditor in exposing the obvious, chronic underfunding of education in first nation communities. The public's interest in the debate and the media coverage of the shortcomings affecting academic opportunities for a growing segment of the population helped fuel the Idle No More movement.

With respect to education, I read earlier on the CBC website that people are beginning to ask some questions about education for first nations and the general population. They are examining their own situation and their reality, a reality that is reflected in the debates in the House and in the implementation of the measures introduced in the House and sometimes in the Senate. Personally, I think too many measures are coming from the Senate.

That education works to free the people. That is why, in 2013, government agencies are instead focusing on training that meets the needs of companies involved in extracting natural resources. I am seeing that in my own riding. Those of us on the front lines can see that training programs, especially in remote areas, are designed to meet the needs expressed by a significant segment of industry. There is an attempt to push students towards programs that meet the needs of extractive companies, to the detriment of general education that encourages analytical and critical thinking regarding many of our country's contentious issues. That is basically what I wanted to say.

Now I would like to take a look at some of Canada's social statistics. It seems there is a 30% gap between the funding provided to students attending schools on reserve and other Canadians who attend provincial schools. That reflects the fact that natural resources are mainly, but not exclusively, being extracted in remote areas. My riding, where natural resources of all kinds are being extracted, is a clear example of that.

That is why this government does not necessarily have any interest in giving Indians access to post-secondary education. They will find themselves in situations that are similar to the ones they are facing now.

I am calling all of that into question and exposing it. The public has taken up this cause, and because of the advent and the growth of social media as we know them today, it does not take long for the information to get to remote communities. The Internet has become more widely available in recent years, and people have access to that information, even in remote communities. That is why the government tries so hard to restrict first nations' access to education.

Access was facilitated when I began studying law. There were programs that made it possible for aboriginal students to be admitted to law programs. There were pre-law programs, which were eliminated over time. Barring any proof to the contrary, those programs are no longer available today. Of course, it all depended on what government was in place at the time. There was a clear desire to include and extend that freedom to a segment of the population.

I was from a remote community, and that was a life-saver, if I may say so. I managed to get away from my community and its deleterious elements. Leaving did me a world of good. Now the government is trying to keep people in their communities. That explains the 30% disparity. It is the government's way of keeping Indians on reserve. There are times when the circumstances make life on reserve destructive, poisonous even. That seems to be their plan. That is my own perspective for your consideration, Mr. Speaker.

Considering the vast gulf dividing Canada's aboriginal and non-aboriginal groups in terms of academic opportunity, it is conceivable that the government is trying to delegate the implementation and funding of education programs for aboriginal clients across the country. That is why I have my doubts about the measure in Bill C-60 to transfer $5 million to a charitable organization responsible for distributing post-secondary education scholarships to students registered under the Indian Act and to Inuit students.

I am not the only one who is skeptical about this type of announcement. Some observers, both here in Canada and abroad, have their doubts. In fact, in this case, the Conservatives are blindly delegating the implementation of public policy. Instead of focusing on the real disparity in funding for the training and education of first nations youth—young people who are disadvantaged and who must face adversity on a daily basis—the Conservatives are delegating everything to an organization. The organization may be well run, but it is a non-profit organization, a para-public or charitable organization, that is not necessarily accountable. The Canadian government must set the parameters for implementing measures that foster access to higher education for first nations because, in the end, it is bound by its fiduciary obligation to them.

The delegation of this task leaves me perplexed and skeptical to say the least. In fact, we know that $5 million is not a huge amount in any event, especially when we consider the number of young people who will have access to or who are old enough to have access to quality education, higher education. This leaves me perplexed.

I submit this respectfully.