Bill C-61

First Nations Clean Water Act

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

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

First Nations Clean Water Act

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

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

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

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

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

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 Last year, the government officially repealed the 2013 Safe Drinking Water for First Nations Act.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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Laurel Collins, NDP, Victoria, BC]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Bardish Chagger, Liberal, Waterloo, ON]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Now I turn to Bill C-61. We should ask ourselves if this is the new approach we need. I can assure members that that will be the fundamental question that will need to be answered, and in the affirmative, by indigenous leaders at committee if this bill is to succeed. Bill C-61 looks to do a number of things, including affirming and recognizing “that the inherent right to self-government, recognized and affirmed by section 35 of the Constitution Act, 1982, includes the jurisdiction of First Nations in relation to water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands” and setting our principles and provisions to address issues related to first nations clean and safe drinking water, and waste-water treatment and disposal on first nations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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