Bill S-11 (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.

Safe Drinking Water for First Nations Act

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Mr. Speaker, it is indeed an honour to rise today to speak in support of Bill S-8, the safe drinking water for first nations act.

I would like to begin by describing, perhaps for those who have not yet heard, the framework of this and how we arrived at this place tonight in debating this bill. In Canada, water and waste water operations and systems are generally the responsibility of the provincial and territorial governments. Over the years, different jurisdictions have developed comprehensive regulatory regimes for the protection of source water, water quality standards, and the oversight of water treatment plants and water delivery services.

Over the time that Canada has been growing as a nation, we have, in our various communities, learned from our mistakes. For example, most tragically, Walkerton, which is in my own province. Therefore, the provinces and territories have developed a highly regarded set of regulations across the country which serves the majority of Canadians very well. Of course, it guides the infrastructure that is necessary to provide for safe drinking water and water services.

However, because section 91, paragraph 24 of the Constitution Act of 1867 grants to the federal government exclusive jurisdiction over “Indians and lands reserved for Indians”, provincial regulatory water standards do not apply to on-reserve first nations communities. To date, there has been no federal legislative framework governing drinking water and waste water in first nations communities beyond what is set out in a welter of public federal policies, administrative guidelines and funding arrangements.

We have to ask ourselves here tonight, and Canadians across the country have to ask: Why is it that after almost 150 years, since Confederation, first nations are the only Canadians who do not have proper and healthy regulations for drinking water and waste water?

I must say that when I speak to my constituents about first nations issues, I always begin by explaining to them how complex it is, the lengthy history we have of relationships with our first nations, and what a diversity of views there are. Chief among them has been the constant question of first nations sovereignty, to what degree the Government of Canada can deal with first nations on a local, regional or national basis, and who is responsible for what.

Determining roles and responsibilities is a problem. There are three federal departments involved, and I am just going to mention one of them when it comes to drinking water and waste water, and that is Aboriginal Affairs and Northern Development Canada. It provides funding, including funds for capital construction, upgrading and a portion of operating and maintenance costs.

How much funding? Well, 80% of first nations' operating and capital costs is paid by Aboriginal Affairs and Northern Development Canada to first nations for the provision of water services to their communities. It also oversees the design, construction and maintenance of water facilities. However, first nation communities, through their chiefs and councils, are responsible for the design, construction, operation and maintenance of water systems, and they assume 20% of the costs.

Where has that taken us?

Well, reports have been done over the years, but I think at this point it is fairly notorious that waste water and drinking water conditions on reserves have been in very poor shape.

In fact, there was an inspection done in 2011 of 587 first nations communities across the country, 97% of all first nations communities. It was found that of the assessed water systems, 39% were at high overall risk, 34% were medium and 27% were low overall risk.

At that time, it was estimated that the cost to upgrade existing water and waste water systems to meet federal protocols and guidelines, as well as provincial standards and regulations, would be $1.08 billion. Is it the case that the Government of Canada, after all these years has not been willing to spend the money necessary? No, that is not the case. That is not where the problem lies. In fact, between 2006 and 2014, the life of the present government, the government will have invested approximately $3 billion to support first nations communities in managing their water and waste water infrastructure and related public health activities.

Let me repeat that so that listeners at home do not think they misheard. Three billion dollars in eight years to really do what the report suggested would cost $1.08 billion. In spite of that, we hear continued calls from the opposition for more funding.

I will not pretend to know what the value of a billion dollars is. It reminds me, if memory serves me, of a Liberal minister who a few years ago was taken to task for saying “What's a million?” Today, the refrain from across the aisle is, “What's a billion?” In fact, what is $3 billion?

In light of the fact that we have been at this 150 years, and particularly acutely in the last 10 years, and particularly having spent $3 billion in the last seven or eight years alone, we still have these problems, we have to look elsewhere. We have to start elsewhere to solve this problem.

The government has gone at it with a willing heart. Bill S-8 was introduced in Parliament on February 29, 2012, to provide for the development of federal regulations governing the provision of drinking water, water quality standards and the disposal of waste water in first nations communities. The bill would also establish that federal regulations may incorporate by reference provincial regulations governing drinking water and waste water in first nations communities.

The reality is, water is water and health needs are health needs and all Canadians, all citizens of the country, including first nations, should enjoy the benefit of the same minimum standards. There is no reason why those standards cannot apply in first nations. It is true, first nations would be responsible for implementing them, but only responsible for 20% of the cost. The government is more than prepared to come up with the other 80% and to oversee and supervise the implementation of these standards.

However, this is not the first time. That is what really makes it frustrating. The member who spoke last talked about a lack of political will. Well indeed, that is what we are witnessing here tonight if we do not pass the bill because it has been tried before.

Bill S-11 in the previous Parliament was introduced in the Senate on May 26, 2010. It was referred to the Standing Senate Committee on Aboriginal Peoples for examination in December of 2010. From February to March, the committee held nine meetings on the proposed legislation and heard witnesses and listened to ideas. However, unfortunately, thanks again to the opposition and the bringing down of the last Parliament and the provoking of an election, Bill S-11 died on the order paper when Parliament was dissolved on March 26, 2011.

Bill S-8 does retain several of the features of the former Bill S-11, but there are key differences. It would be beyond the scope of my time to go into those.

I just have to say that the delivery of safe drinking water to on-reserve first nations is critical to the health and safety of the communities' residents. Access to safe, clean, potable water is also closely tied to the economic viability of individual communities.

It is up to this Parliament to just take this step. We would do more. This would not be the end of it. However, let us at least get off the ground with this step forward. I urge the members opposite to support this bill.

[John Rafferty, NDP, Thunder Bay—Rainy River, ON]

Mr. Speaker, I am pleased to rise to speak on this particular bill today.

All of the government members have talked about two things. One is regulation, which is what they say this bill is all about, and the second is that they say that implementation will come later.

In other words, what they are saying is they will impose the rules, but they are not going to follow up or carry on or commit to ensuring that any funding is there to make that happen. Therefore, it is destined for failure.

I do not know why the government did not put just one little clause in this bill that said, “Here are the regulations as we see them, and this is what we think needs to be done”.

By the way, although there is some provincial jurisdiction, it is hard to argue with regulations that talk about the training and certification of operators, source water protection, location, design, modification, maintenance, operation of water systems, drinking water distribution by truck if it is needed, the collection and treatment of waste water, monitoring, sampling, testing. No one can argue with that, whether it is a first nations municipality or a non-first nations municipality. Those kinds of things make sense.

Of course, at any given time in this country, we have more than 100 first nations on boil water advisories, and that situation continues.

Here we have regulations that are not followed up with any kind of commitment from the government. That is where the main part of the problem lies with this particular bill.

Why did the government not put a clause in the bill that simply says, “Here are the implementation rules. This is what we think needs to happen. By the way, we will ensure that this is funded to make sure that 100-plus first nations across this country do not have boil water advisories, and in fact that boil water advisories will not exist anywhere in this country any longer. We will ensure that all first nations have all the regulations in place and, by the way, we are going to back it up with money.”

We heard Conservative after Conservative say that they will pass the regulations and worry about the money and the implementation later. It seems to me that a lot of red flags should go up with all Canadians right across the country when they hear that.

Let me read a couple of quotes from first nations groups as to what they think about this bill, because the red flags have certainly gone up with first nations.

The Chiefs of Ontario recently had a headline on a news release that said, “Federal Bill S-8 fails to 'protect' drinking water for first nations”.

Nishnawbe Aski Nation, which I am very familiar with, is in northern Ontario, and by the way, many communities are fly-in communities, so I am not sure how this partnering thing that a previous member was talking about is going to work. The headline from there reads, “Water Legislation Fails to Address Critical Lack of Infrastructure in NAN First Nations”.

Dr. Harry Swain, the chair of the expert panel on safe drinking water for first nations, stated:

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 end of that quote puts it all in a nutshell for us. We are not talking about money forever; we are talking about money spent, and if these regulations are the regulations that the government thinks need to be established, let us make sure the funding is there.

However, there is no commitment for funding at all.

The regulations, by and large, are the same kinds of regulations that non-first nations municipalities have right across Canada, and they are mostly governed by the provinces.

I asked a question of a government speaker earlier today. I asked what it is going to cost the provinces to monitor and implement this measure. The response was that it is not going to cost the provinces anything. I am not entirely sure, but we are going to have to take that speaker at his word. It is something to think about as we carry on this debate.

Sometimes people say that it is not about money and that we should not worry about money, because it is about regulations and making drinking water safe. The fact of the matter is that we have to commit to spend the money to make that happen.

I see some heads nodding “no” on the other side. I hope the member has a question for me later on.

We cannot put regulations in place in communities that in some cases have absolutely no infrastructure for water delivery and or for handling waste water and expect them to say, “Let us follow the regulations; no problem, we can do that”. How do they do it?

I would be interested to hear what my hon. friend across the way has to say about that.

There is another issue here, which is that these regulations could very well overrule any laws or bylaws that a first nation might have in its own community.

I think that is a concern. It limits the liability of the government for certain acts or omissions that occur in the performance of its duties under the regulations.

I think not just New Democrats but all of us want to see safe, clean water and water systems that work for first nation 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 those systems up to the new standards in the bill.

First nations oppose this act because of the new liability provisions for first nation governments. My hon. friend across the way said that the non-derogation clause is formulated to possibly be the first step to erode constitutionally protected rights. These things are not spelled out in black and white in the bill, but they are concerns that first nations have.

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.

As a bit of history, this is the second legislative initiative to address safe drinking water on reserves. The predecessor was Bill S-11, but it did not proceed to third reading as a result of widespread concerns. Because it did not proceed, it subsequently died when Parliament was dissolved before the last election.

Bill S-8 retains a number of features from Bill S-11, particularly in the 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 and waste water.

Why are we opposing the bill at this point in time? New Democrats agree that the poor standards of water systems in first nation communities are hampering people's health and well-being and 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 to give them the ability to build new ones more appropriate to their needs.

I see my time is up. I certainly welcome questions from the floor. Let me just say in closing that this is a very important bill, and I hope that someone from the other side is going to ask me a question about the implementation of this bill, should it pass.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, I will be sharing my time with the member for Edmonton—Leduc.

Mr. Speaker, I am thankful for the opportunity to explain to the opposition, and to Canadians, why I support Bill S-8, the safe drinking water for first nations act, and why I urge my hon. colleagues to stop voting against a bill that would give first nations access to safe drinking water.

The solution at the heart of Bill S-8 is the product of more than seven years of engagement and discussion with a wide range of groups, including first nations, provinces, municipalities, parliamentary committees and organizations devoted to the science of drinking water.

Perhaps the best way to fully appreciate the considerable value of Bill S-8 is to trace its evolution.

In March 2006, our government, working with the Assembly of First Nations, announced the joint plan of action for drinking water in first nation communities. Among the five points in the plan of action was the development of an appropriate regulatory framework.

To help identify what the framework should consist of, the plan called for a panel of experts to be chosen by government and first nations officials. The expert panel held a series of hearings across Canada, in 9 locations in all, to hear from a total of 110 representatives from first nation communities, as well as other stakeholder groups. The panel also received and considered more than two dozen written submissions, most of them prepared by first nation communities and organizations. In its final report, the panel examined three regulatory options and provided valuable advice on the advantages and the disadvantages of each one.

The next step in Bill S-8's evolution occurred in 2009, when the Government of Canada held a series of engagement sessions with first nation groups. The sessions began in Whitehorse, Yukon, and continued in 12 other cities. The 13 engagement sessions attracted more than 500 participants representing first nations.

It is important to note that while work on a regulatory framework continued, our government continued to live up to the commitments it had made through the plan of action. Progress reports were tabled in Parliament, for instance, and budget 2008 invested approximately $330 million, over two years, in projects to improve drinking water in first nation communities. Budget 2009 included an additional $165 million per year, over two years, for first nation water and waste water infrastructure projects.

Our government is also committed to expanding the circuit rider training program and funding a national assessment of first nation water and waste water systems.

In 2010, the government introduced Bill S-11. A standing committee in the Senate held a series of hearings to review the proposed legislation and heard from 40 individual witnesses. Now, although this version of the bill died on the order paper in the initial review, it identified a number of challenges that have since been addressed.

In the interim, government officials continued to discuss regulatory options with first nation groups. Of particular note were the without prejudice discussions with regional first nation organizations across the country. It was during these without prejudice discussions that the first nations proposed a non-derogation clause that would resolve what was perceived to be a major problem with the previous version of Bill S-8. The problem involves the relationship between federal legislation and the constitutional rights of first nations.

The proposed clause would not prevent the government from justifying a derogation or abrogation of aboriginal or treaty rights if it were necessary to ensure the safety of first nations' drinking water.

A second significant development came in the summer of 2011 when our government published the national assessment of first nations water and waste water systems. I am proud to say that this was the most comprehensive examination of first nation water and waste water infrastructure in history.

This report shed a new light on the larger issues at play. The report found that many water systems in first nations communities had a high risk of failure to produce safe water if a problem were to arise. The report identified a need for clear guidelines and recommended the establishment of a regulatory framework for water and waste waster systems. This provided additional momentum to move ahead with the practical solutions.

Last year we introduced Bill S-8, a stronger version of its predecessor. There are several improvements worth noting, such as that the preamble in the proposed legislation explicitly states the government's intention to improve the health and safety of first nations and to work with first nations to develop drinking water regulations.

The new version includes a non-derogation clause that clearly addresses the relationship between the legislation and aboriginal and treaty rights under section 35 of the Constitution Act, 1982.

Clause 4.(1)(b) of the new version clarifies that any regulation on source water protection on first nation lands would be restricted so as to protect it from contamination.

The new version also clarifies that regulations could not include the power to allocate water supplies or to license users of water for any purpose other than for accessing drinking water.

There is new language to clarify that the regulations could confer to any person or body only the powers necessary to effectively regulate drinking water and waste water systems. Wording that was perceived to negate first nations authority over water on their lands has been deleted.

Another part of the previous version that has been removed is language that could be interpreted as powers to compel first nations into an agreement with third parties to manage water and the waste water on first nations lands.

Finally, Bill S-8 also features language to clarify that first nations would not be held liable for systems owned by third parties that are on first nations lands.

There have been many changes to this legislation since its last iteration in order to address the concerns raised by first nations, parliamentarians and other stakeholders. In fact, these changes respond directly to the concerns raised by first nations groups.

Moreover, the Minister of Aboriginal Affairs and Northern Development recommended an amendment to the Standing Committee on Aboriginal Affairs and Northern Development that further addresses concerns raised by first nations to remove the opt-in provision from the bill, demonstrating that our government is listening to first nations concerns and working to address them. I am pleased to see that the hard-working members of the Standing Committee on Aboriginal Affairs and Northern Development agreed by removing this from the bill.

The proposed legislation now before the House has been informed by a comprehensive process of consultation, review and improvement.

Bill S-8 proposes an effective solution to a problem that continues to threaten the health and safety of residents of first nations communities. I hope that the opposition can recognize the urgent health and safety issues at stake here and support Bill S-8.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, I will share my time with the member for Manicouagan.

I rise today to speak to Bill S-8. I had the opportunity to speak to this bill last November. I sat on the committee and I must say that the testimony from witnesses only reinforced the NDP's opinion that this is a flawed piece of legislation.

At the heart of this debate is a basic human right: the right to safe, affordable and adequate drinking water. Unfortunately, this is a challenge in many Canadian communities, including several first nations and Inuit communities.

Canada has such an abundance of water that it is hard to imagine that such problems could exist in such a developed country.

While the appropriate course of action is to develop safe, reliable systems in partnership with the communities in need, the Conservative government has chosen to legislate regulations that would force these communities to go it alone. In fact, this legislation seems more about pursuing a Conservative view of how first nations should be run than about dealing with the actual problem. It would create demands and conditions for first nations, yet it is predictably short on the resources that would allow these communities to comply.

Bill S-8 excuses the government from its primary obligations to first nations while subjecting them to substantial risk, significant financial burdens and a patchwork of provincial standards for the delivery of safe drinking water.

This bill fails miserably when it comes to the real challenge, which is helping first nations build the capacity that would allow them to do the work of administering water and waste water systems on their lands. It is a classic case of putting the cart before the horse. In the case of communities that have been consistently asking for assistance for specific problems, they are getting rules and regulations instead of help with bricks and mortar.

The problems we have seen with flooding this spring in Kashechewan help illustrate this point. That community has been asking for help with waste water, which has been identified as problematic, since flooding in 2008. It has asked for assistance in developing storm sewers and with placing back-flow limiters on each house. Guess what? The government has consistently refused to step up, and this spring, homes in that community were inundated with backed-up raw sewage, which then forced the community to be evacuated. The minister tried to blame this on the lack of training, yet it was a company that was actually monitoring this.

On a larger scale, we can consider the testimony the committee heard from a municipal group that included the mayor of Maple Ridge and metro Vancouver's general manager of corporate services, both of whom sit on metro Vancouver's aboriginal relations committee. They reminded the committee that the report of the 2009 national assessment of first nations water and waste water estimated the cost to bring 618 individual first nations up to standard would be $4.7 billion, and it would take a decade. In addition to that, the cost to operate these improved systems would be $419 million a year.

The metro Vancouver delegation told us that local governments were concerned about this legislation's broad powers to delegate to any person or body any aspect of drinking water provision, monitoring and enforcement, which could have significant implications for local governments, as providers of utility services. It also highlighted areas of concern identified by local governments.

On that note, I want to tell the House that what we were hearing was that it may be very difficult to have municipal governments even wanting to assist first nations in hooking up to their systems because of the onerous aspects of this legislation.

Among their concerns were the following: there has been a lack of consultation and local government input; the transfer of responsibilities is unknown; the level of services is unclear; there are challenges with bylaw regulations and enforcement; there are legislative and jurisdictional uncertainties, which appear to be similar to the First Nations Commercial and Industrial Development Act; regulatory authority over reserves is unclear; there is a need to clarify financial liabilities; there are unknown funding capacities; and there is a lack of an adequate implementation plan. Does that sound like legislation that is ready to roll out? I do not think so.

As I mentioned, the committee heard from many witnesses who spoke to the deficiencies in Bill S-8. The Assembly of Manitoba Chiefs has made three submissions on this bill and its predecessor, Bill S-11. It echoed many of the criticisms of other witnesses and stated:

We remain alarmed and concerned with the federal government’s continued approach and insistence that legislation is the answer for First Nations. We question why the current Canadian Government must be compelled to legislate as opposed to doing what is humane and just by providing adequate resources to ensure comparable water systems as the rest of Canada.

It went on to state:

Trust is earned through respectful, reciprocal and honourable actions and good faith negotiations.

It added:

The creation of legislation and policy without seeking and meeting the realistic needs of First Nations will not create success or the accountability that government is seeking for its investments.

It is not for a lack of desire that first nations do not have appropriate systems to deliver safe drinking water or manage waste water. If there is a deficiency in the process, it is certainly related to being able to deliver on those desires.

I have heard from Whitefish River First Nation on this subject as well. In a letter to the minister, Chief Shining Turtle provided the government with some basic math that showed how flimsy the government's community infrastructure investment was, and also illustrated the incredible costs related to doing the kind of work that Bill S-8 would make mandatory for these communities.

Here is the math that I believe needs to be considered by all members. The government has committed $155 million over 10 years, so let us do the math. This comes out to about $15 million a year, divide that over 8 regions that INAC uses and it becomes $1.94 million a year per region. We are going down. Divide the $1.94 million over the Ontario region's 133 first nations and the total is $14,567.67 a year. How far will that go?

One more crucial number that has been provided is the cost per metre to construct water mains on the Whitefish River First Nation. It is $300 per metre.

While the government brags about the size of their investment in community infrastructure for first nations, in reality that money is only enough to build 48.5 metres of water main a year.

In addition to these problems, Bill S-8 regulations may incorporate, by reference, provincial regulations governing drinking and waste water in first nations communities, but those regulations are not uniform, which could lead to unequal burdens for communities for what is primarily a federal responsibility.

The expert panel on safe drinking water for first nations expressed concern about using provincial regulations, claiming it would result in a patchwork of regulations leading to some first nations having more stringent standards than others.

In addition to that, the regulations in this bill would overrule any laws or bylaws made by first nations. Bill S-8 would also limit the liability of the government for certain acts or omissions that occur in the performance of their duties under the regulations the bill sets out.

As I mentioned at the outset, safe drinking water is a basic human right. The connection to health and economic well-being that flows from safe, dependable and affordable water cannot be dismissed, but this legislation is missing the mark entirely.

In addition to that, the bill would leave communities on the hook for existing problems they may not have created themselves. In those instances, if what these places really want is to start over in an attempt to get things right, the reality is they will be saddled with problem systems they have inherited.

It will make first nations liable for water systems that have already proven inadequate, but offers no funding to help them improve those deficient systems. Even if a first nation wants to build a replacement to better suit its needs, it will have to maintain its old, often costly systems at the same time.

Here is an example of how that will work. Constance Lake First Nation's water supply has been through a state of emergency. Its traditional water source was contaminated by blue-green alga, which resulted in a shutdown of its water treatment plant. It has drilled two new wells and has been off boil-water advisories for the first time in years, but also requires a new system to ensure quality and to meet its growing demand. Under the provisions of this legislation, it will be liable for the old system, while it tries to build a new one. It will be forced to waste money instead of being allowed to invest it smartly.

I see my time is up, and I will finish up the rest during the question and answer period.

Bill S-8—Time Allocation Motion

[Bernard Valcourt]

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.

Safe Drinking Water for First Nations Act

[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.

Second Reading

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, I rise today to speak on the important issue of the health and safety of all Canadian citizens, and, in particular, on Canada's first nations and their right to have access to the same safe, clean, reliable drinking water that other Canadian citizens enjoy.

Bill S-8, safe drinking water for first nations act, will enable the government to develop regulations with first nations to provide access to safe, clean and reliable drinking water to men, women and children living on first nations lands.

My support for Bill S-8 is further founded on two facts: the proposed legislation has been developed in collaboration with first nations; and, upon royal assent, regulations will be developed on a region-by-region basis in collaboration with first nations, provinces, territories and other stakeholders.

Bill S-8 proposes a mechanism to resolve another complex problem: the lack of a regulatory foundation to protect the quality of drinking water available in first nations communities.

This proposed legislation is the product of years of engagement, consultation and collaboration with first nations. There have been formal and informal meetings, town hall sessions, without prejudice discussions and workshops. Hundreds of people, including representatives of the Assembly of First Nations and associations of first nations chiefs, along with residents of first nations communities, have participated in these sessions. Their input has shaped the contents of the legislation now before us in several significant ways.

Bill S-8 calls for this collaboration to continue. Governmental officials would work alongside their first nations counterparts on a region-by-region basis to establish a series of regulatory regimes. Under this process, the parties would craft regimes that could draw on existing provincial, territorial or first nations regimes and adapt them to the particular circumstances of first nations. This is entirely appropriate, as a one-size-fits-all approach could never hope to accommodate the social, economic and geographic diversity of first nations communities. A regulatory approach that works for a remote community in northern Manitoba, for instance, might not work for a first nation in urban British Columbia.

Of course, every regime would have to satisfy minimum standards for safety, the same standards required by the provincial and territorial laws that protect drinking water quality off reserve. Under the regimes established through Bill S-8, drinking water would have to be sampled and tested in accordance with established methods and standards, and contamination thresholds would have to be based on scientific evidence.

This co-operative approach would ensure that those who would be subject to the regulations would have a role in creating them. This would help promote a greater understanding of the new regimes as well as ensure that these regimes are reflective of the diverse needs of each region.

We can expect that the federal regulations governing drinking water in a given first nation would be similar to the regulations governing the drinking water of nearby communities. Complementary regimes would open the door to further collaboration, such as joint training and certification programs or shared treatment and distribution facilities. This would, in turn, inspire co-operation on other common issues and opportunities.

Ultimately, of course, the goal is to ensure that all Canadians, regardless of where they live, can access safe drinking water. Access to clean, safe and reliable drinking water is an important determinant of health and a driver of socio-economic development, yet the truth is that most first nation communities do not have regulations in place that safeguard water quality.

The current regime comprises a tangled web of protocols and funding agreements that are not legally enforceable. As a result, standards are not clear and it is impossible to hold anyone accountable for substandard and unsafe drinking water.

As I mentioned a moment ago, Bill S-8 is the product of a lengthy and collaborative process. Seven years ago, the Commissioner of the Environment and Sustainable Development called on the Government of Canada to address the regulatory gap related to drinking water in first nations communities. Since then, two other authoritative bodies—an expert panel and a standing committee of the other place—studied the matter and made similar recommendations.

Even the Liberals, back in November 2011, put forward a motion calling on the government to improve first nations' access to safe drinking water. The House fully endorsed that motion. I hope that now my hon. colleagues opposite will put aside their partisanship, honour their noble commitment to improving access to safe drinking water and back this important legislation, which goes far beyond the words of that motion.

The collaboration that inspired Bill S-8 began in 2006, when the Government of Canada and the Assembly of First Nations announced a plan of action on first nations' drinking water. This joint undertaking, the plan of action, called for a number of measures, including the development of appropriate regulations. From the outset, the government has directly involved various first nations organizations in the development of legislative options.

In 2007, the expert panel created under the plan of action met with first nations representatives and technical experts from all over the country and subsequently recommended the development of safe drinking water legislation. Departmental officials met with the Assembly of First Nations technical water experts group to discuss options for this legislation. Then, in 2008, the government began to meet with representatives of first nations groups.

The following year, the government released a discussion paper based on the option of incorporation by reference of provincial and territorial standards and held a series of 13 engagement sessions. It heard from more than 500 members of first nations. Although a consensus emerged about the need to address health and environmental concerns, there remained concerns about the proposed approach to legislation.

After the engagement sessions, the government held a series of meetings with regional and national organizations, including the Assembly of First Nations. These discussions involved a range of concerns about the proposed legislation.

The Government of Canada then introduced into the Senate an earlier version of the legislation, Bill S-11. The Senate Standing Committee on Aboriginal Peoples began to review the proposed legislation and heard from more than 40 witnesses before the previous Parliament was dissolved.

Rather than simply reintroduce the same legislation, our government chose to collaborate further to identify and incorporate improvements. In particular, officials from Aboriginal Affairs and Northern Development Canada held without prejudice discussions with first nations groups. Invites were sent to first nations organizations from all over Canada, and some first nations organizations were willing to work with the government to improve the legislation, in particular those from Alberta and the Atlantic.

During these discussions, new ideas emerged to address specific concerns with the previous version of the bill. Several changes were made, and as such, I am proud to say that first nations organizations directly influenced the contents of Bill S-8. As a result of this collaboration, the legislation now before us is stronger.

Thousands of people residing in first nations communities lack regulations that safeguard the quality of their drinking water. Bill S-8 would provide authority for the government to draft and implement appropriate regulations, working with first nations. These regulations would help protect the health and safety of first nations men, women and children.

This important legislation fully deserves the support of the House. I urge my hon. colleagues to vote in favour of Bill S-8.

Bill S-8—Time allocation motion

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

Mr. Speaker, the previous question on the issue of consultation was important, and I could have gone on and on.

Members may remember Bill S-11 in the previous Parliament. That legislation was also the subject of debate in the House and in the Senate. The legislation has been debated a lot since 2006.

In answer to the question from my learned friend, the Government of Canada and first nations have shared the goal of ensuring that first nations communities have access to safe, clean and reliable drinking water. Progress and improvements have been made to address the provision of drinking water, especially with the investment of close to $3 billion since 2006.

This legislation would enable the development of regulations, in partnership with first nations and stakeholders, that would increase the level of capacity of first nations to provide their membership with the kind of water that all other Canadians enjoy.

Safe Drinking Water for First Nations Act

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am pleased to stand in the House to speak to such an important piece of legislation that will have a direct impact on my constituency of Churchill in northern Manitoba.

I have the honour of representing 33 first nations in northern Manitoba. Many of these first nations have tremendous opportunity. They have the youngest population in Canada. The young people on these first nations are looking toward training and education, opportunities in the job market, the ability to have families and the opportunity to contribute to their communities in all sorts of ways. However, along with these opportunities are some significant barriers and none perhaps is more entrenched than the lack of access to safe drinking water, which a number of the first nations that I represent face. It is obviously a barrier that affects their day-to-day lives in a very real way. It is not a question of comfort; it is a question of basic health.

Aboriginal people as a whole in Canada share a lower life expectancy than non-aboriginal people. I think we would all agree that the fact that first nations people live less than everyone else is shameful in a country as wealthy as Canada. It does not take a rocket scientist to figure out why that is the case. One of the indicators is the lack of access to basic rights, including the right to safe drinking water and the use of safe water systems. That is very much the case with respect to some of the first nations that I represent. I have seen it first-hand.

I want to share the experience of the Island Lake first nations. It is a group of four first nations located on the east side of Lake Winnipeg close to the Ontario border. The Oji-Cree people live there in the communities of Garden Hill, St. Theresa Point, Wasagamack and Red Sucker Lake. These first nations are isolated in that they do not have a road that they can use year round to access their communities. People must depend on the ice roads to get in and out at an affordable cost. The only other option is flying in and out, which is completely out of the reach of the average resident of these communities. It is often only used at the eleventh hour when people either need to see a doctor or need medevac because of an unfortunate urgent incident.

These communities face some of the highest levels of water insecurity. I had the opportunity to visit these communities on many occasions. I even drove on winter roads. The lack of access to safe drinking water is one issue that has come up time and time again.

I also had the opportunity to visit St. Theresa Point during the H1N1 outbreak, which impacted the Island Lake first nations disproportionately. Many medical professionals indicated that the number one reason why more people on Island Lake were impacted by H1N1, and by impacted I mean sent to emergency wards in Winnipeg and other communities, is that they did not have access to safe drinking water. What was so disturbing and disgusting at the time was the federal government's slow reaction to the demands for hand sanitizer and a long-term investment in water infrastructure, when it was so clearly linked to the serious health implications that we were seeing.

Shortly after that the federal government made some basic commitments to the Island Lake first nations. I remember being in Garden Hill when one of those commitments came to fruition in the form of large bins to be used as toilets. Everyone in the House and probably everyone across Canada would agree that is not only an inadequate response but an offensive response, when the day-to-day reality on first nations is one that is so far off the average Canadian's. It is quite clear that inadequate sewage and water systems have held people back on these first nations and continue to hold people back.

It is an issue that has been raised by local and regional leadership. We have seen the federal government respond to these demands in a very inadequate way through the continuous use of short-term and, in some cases, even offensive measures through the sending of bins to be used as toilets.

The fact of the matter remains that these are not issues mired in silence. There are international campaigns that have focused on the plight of the Island Lake first nations and other first nations in Canada, pointing to the lack of water security and the need for immediate action by the federal government.

I want to reference a study that was commissioned by the government itself that found that an investment of $5 billion over 10 years was needed to truly ensure safe water systems for first nations. This also included the need for an immediate investment of $1.2 billion. That study was commissioned by the government itself, so the numbers are clear, stark and significant. This would be an answer to what is perhaps the clearest indication yet that there are still first peoples of Canada living in third world conditions, which is unacceptable.

Instead, however, the Conservatives have only committed $330 million over two years. We saw that in 2010 and no commitments were made in 2011. Now we are in 2012. As we know, as these first nations communities grow, the need to access safe drinking water only grows along with them.

What we have here today is again an inadequate and very problematic response to a very serious issue facing first nations.

We as New Democrats are proud to be able to work with first nations' national leadership, but also regional, local leaders and community band members to say that Bill S-8 is absolutely the wrong way to go.

I want to make another point as well. One wonders how a government could go so far back in time. One only has to look at the kind of legislation the government is bringing forward when it comes to first nations to understand that trend, because Bill S-8 also involves no consultation with first nations. This is not an optional piece. We certainly have learned from our political and societal evolution and the mistakes of the past that if we do not consult with first nations and use a top-down approach, it is the wrong way to go. It simply revives the colonial relationship that Canada for so long imposed on first nations, a relationship that has caused nothing but grief.

We have an opportunity here to break free from that trend and sit down with first nations to not just hear from them or media reports about how bad things are, but also to work to find an adequate solution that works for them. This lack of consultation is extremely disturbing.

The Conservatives have a track record of broken promises. In March 2006 they announced a plan to implement the protocol for safe drinking water for first nations communities. Their piecemeal strategy was not fully implemented and failed to solve the problem. In 2010, the Conservatives introduced Bill S-11 to improve standards for first nations' drinking water quality, focusing on existing provincial regimes, contrary to the preference of its own expert panel and the wishes of the Assembly of First Nations.

Aboriginal groups were also unhappy with the legislation because the government failed to adequately consult them, ignoring first nations' right to self-government and to water and environmental protection. Now the Conservatives are introducing Bill S-8, with only minor changes from previous legislation. Again, I want to reiterate the important point about lack of consultation.

I noted earlier in response to the speech by my colleague from Edmonton—Strathcona that we are seeing this disturbing trend in a host of pieces of legislation when it comes to first nations. The same applies to the matrimonial property rights bill and the first nations transparency bill. First nations have caught onto this and so have Canadians. For us to move forward, however, consultation with first nations is absolutely key.

The Prime Minister himself indicated that he was interested in a new relationship and a new chapter when it came to first nations. It was something he spoke of very clearly in his apology to residential school survivors and those who have suffered the intergenerational trauma of residential schools. Evidently, they are just words because when it comes to action, we are seeing bill after bill seeking to impose a framework on first nations without consultation. However, the government goes even further by imposing some real challenges when it comes to respect for aboriginal rights.

The regulations in Bill S-8 would overrule any laws or bylaws made by a first nation. However, interestingly, the bill would limit the liability of the government for certain acts or omissions that occur in the performance of its duties under the regulations.

Therefore, we see a system with two standards. One is for first nations in taking on a liability without, of course, the necessary support for building infrastructure and human resource capacity to deliver safe water systems. On the other hand, the government is able to run away from its own potential liability. If that is not a clear indication of how unfair Bill S-8 is, then I do not know what is. I believe this to be an indication that the government would pull away from its own commitments. I would also note that this is an option that the government is increasingly interested in as it moves forward in reaching out to first nations.

Another key trend that we are seeing, not just in terms of first nations but also in terms of the provinces, is the Conservative government's zeal in downloading services and responsibilities on other jurisdictions.

Let us look at the example of first nations, the most impoverished jurisdiction in the country bar none. They are not like municipalities or provinces that face challenges. We know that the situation first nations face in terms of lack of resources and capacity is the most extreme. However, the government, through Bill S-8, would like to download a critical service, which it ought to be responsible for, onto first nations without giving them the support they need to ensure they have the right infrastructure and capacity.

That is setting them up to fail. It is the federal government absconding on its responsibility and it really speaks to its lack understanding of its fiduciary obligation to first nations. Perhaps, more broadly, it is a complete lack of vision when it comes to building a better Canada. I believe this is the saddest part of what we are debating here and what we often debate in the House.

The Conservative government, with its omnibus budget bills, and with health transfers and support for post-secondary education and the need for stronger infrastructure programs, is like no other in its desire to pull away from what is fundamentally its responsibility.

We saw a similar kind of zeal under the Liberal government in the 1990s. One would have expected the Conservative government to take note of that kind of approach to governing. The government has taken it to the next level at hyper speed, saying that it has nothing to do with fundamental services that ought to be offered to Canadians. That is something that I and many other Canadians we are increasingly opposed to. The federal government has less and less to do with health transfers, with supporting affordable education and with making sure that our roads are of good quality and that there is adequate infrastructure in communities, and with playing a role when it comes to protecting the environment and with supporting people at the margins of society in achieving a better quality of life and, most specifically, in the context of Bill S-8, with making sure that first nations have access to safe drinking water like any other Canadians. It is a sad state of affairs when the leadership of the federal government pulls away from its responsibility and the concept that a better Canada involves a federal government working with other partners, including in consultation with first nations in addressing the real gap that exists with the lack of safe drinking water in first nation communities.

I know well the experience of first nations communities in my part of the country in northern Manitoba. However, I also know there are many members across the aisle who also represent first nation communities where similar challenges exist, where they see people getting sick because of the lack of safe drinking water and living in abject poverty without the kinds of services other Canadians take for granted. I would ask them what they are doing for those people and why they are letting go of the responsibility they have to ensure that first nations, Métis, Inuit and all Canadians have access to the kinds of infrastructure we all expect in a country as wealthy as Canada.

I am proud to be part of the New Democratic Party that stands with first nations and opposes legislation that re-enacts the colonial relationship and fails to consult with first nations. I am proud to be part of a party that calls for immediate action so that first nations can live in dignity, the way we all deserve to.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, the members should calm down. They are cutting into my time. I know all the members, especially those on the other side, and especially the Minister of Foreign Affairs, are waiting with bated breath for my comments.

I thank my colleague from Timmins—James Bay for his heartfelt grounded intervention on behalf of his first nations constituents.

There are a number of members in the House who have first nations communities in their ridings. I know they stand with me, no matter what party they are in, in that it is time for us as a nation to stand up and look after their interests so they can be treated equably as all other Canadians. The member for Timmins—James Bay has been an incredible advocate for those constituents.

Bill S-8, the safe drinking water for first nations act, has been a long time in coming. Regrettably, it continues to be the policy of the government not to bring important legislation, in a timely manner, before the elected House. Instead, for the second time in a row, it tabled the bill first in the Senate.

Now the Conservatives are trying to object to the fact that we might actually want to propose changes to the bill, changes that have come to our attention by the first nations themselves. It is absolutely reprehensible. It shows a great disdain for Canadians who have chosen to elect us and send us to this place.

First, it is important to consider that the provision of safe drinking water for first nations is a federal responsibility. This is not a responsibility that the federal government can slough off to the provincial and territorial governments.

Second, no federal laws exist to regulate safe drinking water or waste water in first nations communities, so we have a complete vacuum. This is unlike the provinces and territories, where they have seen cause to step up to the plate and put in place regimes to protect those for whom they are responsible so they can live in the modern world.

Another appropriate starting point is to clarify the state of drinking water in first nations communities. The current update posted on the Health Canada website reports that as of October 31, 122 first nations communities across the country remain under a drinking water advisory. That means 122 first nations communities cannot go to the tap for a glass of water. It is absolutely reprehensible in the 21st century. That is 122 communities and countless numbers of aboriginal children, elders, people who risk illness from contaminated drinking water in 2012. It is simply unforgiveable.

It is not just me or my colleagues on this side of the House who say it is unforgiveable. In her final audit report in 2011, former Auditor General Sheila Fraser called for even deeper reforms to ensure that first nations on reserve were accorded the services comparable to other Canadians, including access to safe drinking water.

Mrs. Fraser identified that structural impediments to improve access to these basic services, which most other Canadians take for granted, must be resolved if we were to see real results. These include not only a legislative base or program, which is what the government has presumably put forward, but also clarified service levels, commensurate statutory funding, an end to the reliance on policy or contribution agreements and support to organizations that support service delivery to first nations.

For example, the Alberta Technical Services Advisory Group has for many years supported the first nations in addressing problems with their drinking water systems. I might point out that those are the very kinds of organizations the government has chosen to cut back in the budget.

It is very important what Sheila Fraser had pointed out. To this point in time, in this day and age in the 21st century, first nations communities have to wait, with open hand, for the government to decide from year to year whether they will have sufficient funds to provide a glass of safe drinking water for their children. She said that it was beyond high time that this obligation to transfer the necessary money be imposed by statute and be obligatory. We do not find that in Bill S-8.

The government made a previous half-hearted effort at proposing legislation and then let it die on the order paper.

Bill S-11, also tabled in the Senate in 2010, was roundly criticized by first nations and legal experts. Bill S-8 was also first tabled in the Senate and now finally brought before the House.

Regrettably, there has been little parallel action on the other measures needed to address the critical need for safe drinking water supply in first nation communities.

It should be pointed out that the government is well aware of the core barriers experienced by the majority of first nations in providing safe drinking water supplies to their communities, including: the equipment, construction and maintenance facilities, especially in remote areas, is costly; much of the necessary infrastructure is either lacking, obsolete or of poor quality; there is a limited local capacity or limited ability to retain qualified operators and even when they are trained, they then move on to other communities where they can be paid better; and, limited resources to properly fund water system operation and maintenance.

The current federal budgeted amount of $330 million over two years offers only a small percentage of the $4.7 billion capital costs and estimated $419 million per year to upgrade and run drinking water systems in compliance with the intended law.

If this intended law is passed, there will almost immediately be an obligation by all the first nations to deliver safe drinking water. I say almost because the government fails to mention that the law absolutely has no substance, so it will take five to ten years to actually develop these regulations. Once that is in place, then we will have close to a $5 billion deficit, with no undertaking that it will provide that.

No new moneys have been committed for the promised direct negotiations with the first nations on the strategy to implement the proposed law or for the promised negotiation process on the myriad of complex and technical regulations necessary to give any real substance to Bill S-8. There is no indication that the government has begun to move away from the one-off contribution agreements to long-term financial commitments to finance drinking water systems, as recommended by the former auditor general.

Far from delivering the support for organizations that can support first nations in developing and managing effective drinking water, in this budget the government has cut back support to these entities, including treaty organizations that provide support on technical and policy matters to first nations, which brings us to the matter of consultation on the bill.

The duty to directly consult first nations on legislative or policy matters that affect them is not a mere nicety. Aboriginal Canadians are not mere stakeholders in this legislative process. The duty to consult and accommodate is a constitutional duty established in legal precedent echoed in the UN Declaration on the Rights of Indigenous Peoples, which Canada finally endorsed.

At the January Crown-First Nations Gathering, the government publicly committed to support first nations self-government to strengthen and reset the government-to-government relationship and to move away from the unilateral imposition of laws and policies.

Self-government was endorsed under the UNDRIP. However, at the last minute, we saw some move, despite calls by first nations over decades, of the minister to met with at least one treaty group in Alberta.

I will quote a comment made at the Crown-First Nations Gathering on the consultation process, which states:

At the recent Crown–First Nations Gathering, First Nations and our Government committed to working together to support strong, healthy First Nation communities...[The bill] is a key milestone in making this a reality...

That statement was made by the Minister of Aboriginal Affairs and Northern Development, who said that the process for the consultation on Bill S-8 was a milestone in making the government-to-government relationship a reality. Yet we have a statement from the Assembly of First Nations stating that the government has continued a pattern of unilaterally imposing legislation that does not meet the standards of joint development and a clear recognition of first nations jurisdiction.

This so-called exceptional process of sitting down and reviewing proposed legislation was in fact the common practice of most past governments. In many instances, white papers or even draft formats of bills were circulated and consulted to ensure that the interests of all 600 first nations, not just one first nation, were considered and accommodated. This made for sound, supported, workable legislation. Again, in the case of the first nations, this consultation is an obligation, not just an option.

Even when late in the day some discussions did occur with first nations, they expressed concerns that their issues had not been fully addressed. They were also clear that the process did not constitute “consultation”. This is made evident in testimony before the Senate on the bill.

By way of example, Treaty 6, 7 and 8 testified that while a limited number of their representatives had a chance to review the bill, incidentally, less than a week before it was tabled in the Senate, a number of significant outstanding concerns were yet to be addressed. I reference these three groups as they were among the few that the minister finally relented to discuss in more detail their concerns with the proposed law before it was tabled.

In his testimony, Charles Weaselhead, Grand Chief of the Treaty 8 First Nations Chiefs Association, echoed the views of many when he said that “support of the Alberta Chiefs is not unconditional” and that first an agreement must be reached “on an adequately funded joint process for the development of the regulations”.

We have members of the one group, which the minister actually took the time to hear what their issues, saying that it is not enough. What they need at the same time is the commitment of the money.

Further, Grand Chief Weaselhead said:

Second, the national engineering assessment identified that only three First Nation systems in Alberta are operating safely with certainty....About a dozen systems in Alberta pose significant risks to human health.

He advised that about $160 million was needed to update facilities just for Alberta.

He testified that while they were willing to be patient, their patience was not limitless. He said, “the Government of Canada must also make a firm commitment toward infrastructure, monitoring and capacity”.

They have yet to obtain any binding commitment to a regulatory development process that is well-funded and approved by the chiefs and no commitment of the $140 million funding gap identified by the National Engineering Assessment for just Alberta.

I now wish to share a number of the serious deficiencies identified in the bill itself as a safe drinking water regulatory framework.

Frankly, I am stunned that the government has stated at this stage that it will not allow amendments. This kind of questions the value of even having a committee and bringing in these first nation and legal experts again.

However, these are some of the issues that were raised before the non-elected house. Many of the issues were raised by expert panels and legal experts testifying in the Senate and in previous government reviews, treaty organizations and individual first nations.

The main purpose the bill appears to have is transferring liability from the federal government to first nations for delivery of the drinking water regime. Of equal concern is the fact that the full long-term costs and liability have yet to be calculated. The transfer of liability would be made with no binding commitment that the federal government would provide the necessary funds for technical training or equipment. However, Bill S-8 carefully imposes limits on the liability of federal ministers and officials.

Bill S-8 is essentially lacking in substance. It would merely be an enabling law. It would allow for, but does not require, any federal action to promulgate the myriad regulations necessary to establish drinking water standards, public hearings, appeal procedures, standards for training and certification of water systems and operators, waste water disposal, emergency response and so forth.

The law would impose no obligation on the federal government to deliver these rules in a timely manner. It would impose no obligation on the federal government to finance development or implementation of the first nations drinking water regime. Despite the non-derogation clause, Bill S-8 may have as its key purpose to transfer away treaty and constitutional obligations in this regard.

Incredibly, the law would impose no requirement for consultation with the first nations in the promulgation of these rules, regardless of the overriding constitutional duty to consult and despite the fact that most laws enacted these days, especially for environmental matters, specify that the government must in advance consult.

Finally, the bill ignores the advice of the very expert panel appointed by the federal government, which recommended the establishment of two independent entities to provide direction and oversight on the water regime.

A first nation water commission was recommended. It was to be mandated to oversee the licensing and operation of water facilities and to advise the ministers and first nations. The second entity recommended was a first nation water tribunal mandated to hear appeals on water approvals and investigate complaints. It was suggested that entity could provide one of the bridges to self-governance over water, which has been promised.

As pointed out by the Assembly of First Nations in their brief to the Senate, despite appreciation expressed that the government provided a slightly stronger non-derogation clause it appears to include a broad loophole in the words “except to the extent necessary to ensure the safety of drinking water on first nation lands”.

The obvious question arising is: Who decides that? Consistent with the remainder of the bill, it appears it would be the minister.

Another issue is that, astoundingly, the bill imposes no obligations on the federal government to consult first nations in the promulgation of any of the implementing regulations. This not only runs contrary to most environmental laws, as I said, but to their constitutional obligation.

Concerns have been raised with the option of incorporation by reference of provincial regulations. This has not been a common practice and serious concerns have been raised by a number of legal experts.

It is incumbent on the government today to admit that the law is not enough. It must, today, commit that it will not enact this law until it has provided the resources necessary to genuinely implement the long overdue protections for first nation water.

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

Mr. Speaker, this is a hugely important topic that we are discussing this afternoon. I do not think that there is anyone in this chamber who does not believe that the question of unsafe drinking water has been a chronic problem and an embarrassment to Canada. Many first nation communities, especially northern and rural communities, are still living in third world conditions here in Canada in 2012.

On September 30, 2012, 116 first nations communities throughout Canada were still subject to a drinking water advisory.

This is clearly unacceptable and requires immediate action.

As National Chief Shawn A-in-chut Atleo, Assembly of First Nations, said, “Access to safe, potable water and sanitation is a basic human right”. Unfortunately, the bill would simply provide for the development of federal regulations governing the provision of drinking water, water quality standards and the disposal of waste water in first nation communities.

According to every report addressing the tragic situation of water on reserve, the massive infrastructure deficit—and problems with capacity—must first be addressed before any legislation is passed.

I remember visiting the communities in northern Manitoba a little more than two years ago during the outbreak of H1N1. In Garden Hill, only 50% of the community had access to safe drinking water. In Wasagamack, only 20% of the homes had access to safe drinking water, and those are the homes on the footprint of the health unit. There are federal labour laws that insist people working in that space have to have clean drinking water.

Unfortunately, this bill does not provide any additional resources or funding to address this critical capacity gap in infrastructure, nor in training. Further, there are serious concerns about the lack of real consultation with first nations during the development of the legislation, infringements on first nations jurisdiction and the inadequacy of the non-derogation clause currently in the bill.

The government's own national assessment on first nations water and waste waster systems, released on July 14, 2011, identified 314 water systems as high risk. It is interesting that the report was ready in April but somehow ended up delayed in order to not actually influence the election of 2011. The majority of high-risk systems served a small population, and water systems in remote communities were 2.5 times more likely be at high risk than low risk.

Now, more than a year after the release of that report on the national assessment on first nations water and waste water systems, which shows 73% of reserve water systems at high or medium risk, the Conservatives have failed to make any real progress toward the right of every first nations community to clean, safe, running water. As previously noted, as of September 30, 2012, there were still 116 first nations communities across Canada under a drinking water advisory. This is simply unacceptable.

I want to remind this Chamber that some of the communities that do not have drinking water at all and have to truck bottles of water to each home are not included in those statistics.

The Assembly of First Nations estimates that it will cost approximately $6.6 billion over 10 years to address this deficit. The 2012 federal budget allocated $33.8 million over two years for first nations water systems and wastewater infrastructure. This level of funding will perpetuate the status quo from previous years and is grossly inadequate.

“The National Assessment of First Nations Water and Wastewater Systems” said it would cost $1.08 billion to bring everything up to protocol immediately. The government's own estimates identify a $5.8 billion funding shortfall to deal with the first nations water and waste water capacity gap.

After the release of the national report on September 13, 2011, I wrote to the minister with respect to what we thought was impending legislation on water and waste water management. I quote:

I am writing to you on behalf of Liberal Leader Bob Rae and my Liberal colleagues in the Senate and House of Commons to convey the position of our caucus regarding the government's approach to creating a regulatory regime for drinking water for First Nations on reserve. Our position [which has not changed] has two main points:

First, Liberals will not support any legislation on safe drinking water that is introduced without an implementation plan for additional resourcing that fully addresses the deficiencies identified in the National Assessment of First Nations Water and Waste Water Systems (prepared by Neegan Burnside Ltd., April 2011). There is a clear consensus that the resource gap must be addressed as a precondition to any regulatory regime. The Report of the Expert Panel on Safe Drinking Water for First Nations (November 2006) states unequivocally that “it is not credible to go forward with any regulatory regime without adequate capacity to satisfy the regulatory requirements..”. This precondition was repeated by witnesses at the Standing Senate Committee on Aboriginal Peoples during its study of Bill S-11, An Act respecting the safety of drinking water on first nations lands, in spring of 2011.

Second, the government must collaborate with First Nations and obtain their free, prior and informed consent [as stated in the United Nations Declaration on the Rights of Indigenous People] on the range of regulatory options regarding safe drinking water identified by the Expert Panel on Safe Drinking Water for First Nations before the re-introduction of legislation. This approach is consistent with the Crown's obligation under the law, existing treaties and the United Nations Declaration on the Rights of Indigenous Peoples.

We went on to say:

It is essential that the concerns raised in this letter are fully addressed in the government's policy on safe drinking water for First Nations. The body of survey data, research and parliamentary testimony on this matter are a clear guide on what must be done. It is up to the government to adopt a new approach of collaboration and mutual accountability—one that we believe will surely have better results for the health and well-being of First Nation citizens.

That was the letter we sent September 13, 2011, and we have not changed our minds.

A year ago, in November 2011, the Conservative government supported the Liberal Party motion introduced in the House of Commons calling on the government 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. Yet, the government has still not moved to resolve this deplorable situation a year later.

The 2012 federal budget allocated a measly $330.8 million over two years for first nations water infrastructure. However, this money simply maintained the status quo from the previous year and was far from what is required. The Expert Panel on Safe Drinking Water for First Nations was clear, and I will say it again. It is not credible to go forward with any regulatory regime without adequate capacity to satisfy the regulatory requirements.

According to that report, regulation alone will not ensure safe drinking water. Any regulations must be accompanied by the adequate investment in human resources and physical assets. Yet, the government is content to impose standards and regulation on first nations regarding water and waste water treatment without providing the required investment in physical assets or capacity-building assistance to deal with the problem.

Where are the additional resources and funding to address the capacity gap? Where is the credible plan to bring first nations water systems up to a level comparable with other Canadian communities and the plan to keep them there, meaning the adequate training to keep those systems working after they have been installed? Where is the credible plan to have enough training and certification that the first nations themselves can design?

When I visited the Beausoleil First Nation in your riding, Mr. Speaker, I heard the story of unacceptable waits for a membrane just to fix a state-of-the-art treatment plant. There was worry after a lightning storm. There were fully qualified and very experienced 20-year veterans, who were unable to step into the water treatment plant after an electrical storm because they had not met the criteria. Even though in any oral exam these people were encyclopedic about the microbiology and the planning of it, they had to wait until the next morning for the first ferry for someone from the mainland to come along, to even walk into the plant.

It is ridiculous that we cannot find a system that allows people to work who know how to do the things that need to be done for their people. They end up on a boil water advisory because of that gap. It is just totally unacceptable and shows that no one is listening to these people as to what it takes to meet their needs.

The government must immediately target sufficient financial resources to close the capacity gap for first nations, in terms of both infrastructure and training regarding water and waste water systems on first nations land. Most of all, it must listen to first nations themselves and involve them in the planning for the placement of these projects as well as the training and certification.

There is no question that the goal of the bill is right. We want to address health and safety issues on reserve lands and certain other lands, by providing for regulations and waste water. Unfortunately, we believe the work has not been done in developing the kinds of regulations that are required. The regulations, on a province-to-province basis, to mirror existing provincial regulatory schemes, may not work all of the time. First nations must be consulted this time.

Despite the Prime Minister's rhetoric at the recent Crown–first nations gathering about resetting the relationship, the Conservative government has shown a total disregard for the rights of indigenous people. The government has used the same flawed approach on first nations accountability and matrimonial real property without discussions on the specifics of the bill with stakeholders or political parties before tabling.

Numerous witnesses who appeared before the Senate committee said that they were frustrated that the government did not consult the first nations regarding the drafting of this bill.

Introduced in the Senate in May 2010, Bill S-11, Safe Drinking Water for First Nations act, was sharply criticized by first nations and NGOs for ignoring the expert panel recommendations and for claiming sweeping jurisdiction without consultation.

Bill S-8 has most of the same flaws as its predecessor and does not seem to have taken first nations concerns into account. Consultation requires both a substantive dialogue and that the government listen and, when appropriate, incorporate what it hears into its approach. Consultation is not an information session, as we have heard time and time again, legislation after legislation, by the government. How can the government cite The Expert Panel on Safe Drinking Water for First Nations as the prime example of its consultation process and then move forward with a regulatory regime without a plan to deal with capacity issues for implementation? Consultation is of no use if the government simply disregards what it hears.

It is also unacceptable that the current non-derogation clause in the bill still expressly allows for the abrogation or derogation of aboriginal and treaty rights.

It is clear that the legislation completely misses the mark and fails to deal with the real issues underscoring first nations access to clean, safe drinking water. Until the government comes forward with a credible plan to deal with the huge shortfall in funding for needed infrastructure and the training required to further develop the operational capacity within communities to maintain that infrastructure, we are not going to tackle this national disgrace.

That is what the government's own expert panel has told it. That is what first nations is telling it. It is time for the government to listen.

It is with sadness, I remind the House, that it was seven years ago when the Kelowna accord was signed, after 18 months of work with first nations and provinces and territories. Five billion dollars was assigned to close the gap, and then the agreement was torn up as soon as this government came to office. We are seven years behind where we could have begun to address the problem with that money that was expressly for these purposes.

This afternoon I asked the minister whether we could expect to see in budget 2013 the kinds of dollars the Conservatives' own expert panels stated would be necessary to fix this problem.

To me, a strategy must be what, by when and how. My question for the government and the minister, accordingly, is when will 100% of first nations homes in 100% of communities have the same access to safe and potable drinking water and to waste water management as other Canadians in all communities and municipalities in this country?

I implore this House to actually call upon the government to put in place the dollars necessary to meet the objectives of the bill. Otherwise the bill is totally useless.

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

Mr. Speaker, an analysis done by Koch Thornton on March 27, 2012, made a couple of observations about the problems with Bill S-8. One of them, of course, was that there is no new funding. It said:

The implementation of a complex source-to-tap water regulation regime, as contemplated by Bill S-8, is an enormous undertaking.

Then it went on to talk about how much money that would cost. It does acknowledge that Bill S-8 cannot provide for new government spending, but it indicates that what should have happened was that an appropriation bill should have also been tabled in order to indicate the government's commitment to the funding that is required.

The other thing the member for Hamilton Mountain talked about was inherent rights. This memorandum also talks about the failure to respect inherent aboriginal treaty rights and that the original bill, Bill S-11, took a very top-down approach. It talked about the abrogation and derogation clauses, but also about how the preamble does not cover some of the issues around what that consultation process would look like for including first nations.

On the whole issue of provincial regulation, from my understanding of it, it is not so much that this is a downloading for provincial governments in terms of cost but a reconciliation of standards at the provincial level. That would mean that even though the federal government has a nation-to-nation responsibility for first nations, it is actually saying, “Where you live will determine what your water quality standards are”.

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

Mr. Speaker, clearly the minister has indicated that when the original Bill S-11 was tabled, the government heard, loudly and clearly, that there were some deficiencies in the bill. Now Bill S-8 has come as a revised form, but there are still some gaps in that piece of legislation.

I have two specific questions for the minister. In the preamble, as he pointed out, the bill indicates that the departments have committed to working with first nations to develop proposals for regulations to be made under this act. There is nothing in the act that outlines what those working relationships might look like. In the past there has developed a level of mistrust because under the specific claims legislation, for example, there was a protocol agreement signed where there was a commitment to work with first nations. However, when one of the assistant deputy ministers came before the aboriginal affairs committee, she indicated that the commitment to working did not actually mean that they were going to engage in a process.

So would the minister make a commitment in this House today to define exactly what working with first nations, in the preamble, would look like? Could he also comment on the fact that what this act does is propose a process to develop regulations, which have no oversight in Parliament? How he would see Parliament having oversight of that regulatory process?

Opposition Motion—Aboriginal Affairs

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

Mr. Speaker, I will be sharing my time with the hon. member for Bonavista—Gander—Grand Falls—Windsor. I want to take this moment to thank him, a member of another party, for quite magnanimously and generously making it possible for the Green Party to enter into the debate on this important opposition day motion.

We are concerned, as are all parties in the House, about the ongoing scandal of the failure of the federal government to ensure our fiduciary, legal and constitutionally required obligation to provide safe, clean drinking water to every person living within a first nations community. This is so fundamental, so constitutionally enshrined and so clearly something that we all share on all sides of the House, it is not only our legal obligation but also our moral obligation.

It is an ongoing scandal that disturbs the conscience of all Canadians when they realize that third world drinking water conditions exist right across this great and wealthy country, but in first nations communities almost exclusively.

I want to try to address the problem and propose some solutions as we discuss this issue in as non-partisan a fashion as possible

We recognize that the statistics on this issue are shameful. Only 27% of first nations enjoy drinking water that could be considered safe; 39% of drinking water supplies are judged to be of high risk; and 34% are judged to be of moderate risk. The first nations themselves have questioned these statistics collected by our Department of Indian Affairs and Northern Development, which says these are collected in a bit of an arbitrary fashion but are the statistics we have.

In one month alone, in May of this year, there were 223 advisories and warnings in first nations communities, a statistic discovered by Canadian Press through access to information.

We recognize that the statistics, while dreadful, continue in the face of various governments. There is no question that previous Liberal governments and this Conservative government have made announcements, provided funding, and have said they would deal with this issue. Yet it remains an ongoing scandal.

I remember how shocked I was when a friend of mine who worked in a first nations community, Burnt Church, New Brunswick, described to me how the local hospital had to have water trucked in. That is how deeply we are failing first nations communities, that even a local hospital had to rely on trucking in bottled water because safe drinking water supplies were just not available.

What are the issues here? Some of them were discussed in a brief exchange between the hon. parliamentary secretary and the member for Edmonton—Strathcona. The member for Edmonton—Strathcona does have a long history on this issue, having authored a book on first nations governance around water issues.

Clearly we have to start finding a solution with fundamental respect for the rights, jurisdiction and responsibilities of first nations themselves. In the words of Grand Chief Shawn Atleo of the Assembly of First Nations, this was where the previous government legislation, which started in the Senate, Bill S-11, was so fatally flawed. It did not start with engagement that respected the rights and jurisdiction of first nations. We have to start with that.

The government has said in the past that it would enter into consultations with first nations to develop a water governance model that would work. To date we know there have been 13 engagement sessions that took place in 2009. That does not constitute the kind of full engagement with first nations governments that is required to really understand how we develop shared jurisdiction in this area, with a water governance model that will actually work. How do we develop that? It starts with talking to first nations about a shared model.

Once we respect first nations rights and jurisdiction, we then have to look at what they are saying about the problem. Grand Chief Shawn Atleo has said that there is a large capacity gap. In other words, we could impose regulations on first nations communities, but we have not addressed important holistic issues, respecting traditional knowledge, for example, attempting to support first nations in their communities through respect and government to government negotiations in order to create first nations water governance models that would actually work and are supported by enhanced capacity.

It is not all pipes that we need. It is more than that. It has to be holistic. We need to address the requirements in first nations communities.

Yes, we do need more money. That is going to be essential to providing any framework that works. We need water treatment systems. We need to develop those systems that make sense in the context of first nations communities, often in remote areas.

We need to stop polluting first nations water. This is pretty fundamental, but if someone lives downstream from a large pulp and paper mill that is not watching its effluent, if someone is downstream from the Athabasca tar sands, downstream from areas of pollution, or in the case of first nations communities where cranes lived all around and were surrounded by greater mercury contamination from the large hydro plants, there are going to be specific water pollution problems that are not simply bacteriological. It will not simply be dealt with through dealing with contamination in a bacteriological sense.

This holistic view starts with protecting water at source, ensuring there is capacity in first nations communities and ensuring we are respecting the rights and jurisdictions of first nations communities.

I am not trying to cast blame in any way here at all across party lines. It is important that on this issue, for once, we act in a non-partisan fashion that recognizes that, in a serial sense, there has been a serial failure here that is not something we can peg on one government or another.

It is something that speaks to who we are as a nation, that we come together, that we respect the primary responsibility that this is a governance issue where we are on somebody else's territory. In a very real sense, anywhere in Canada we are on somebody else's territory. However, specifically in first nations communities, those rights and responsibilities of jurisdiction cannot be abridged, cannot be ignored, cannot be conveniently treated as non-issues because we have decided we are going to put a particular type of water plant in and we are going to tell people how it is going to work.

We have had enough failures, as we know, with high tech water plants across Canada in non-indigenous communities that we should not be arrogant about this. The great failure of the Halifax water treatment plant comes to mind, after billions were spent. We need to approach this issue as a shared partnership to ensure safe drinking water for every first nations community.

Going forward from that, this day of debate and discussion in the House of Commons is an excellent start. We certainly have been admonished. We have been admonished by Sheila Fraser, as Auditor General, in her final statement to us as parliamentarians, that after years of filing reports pointing out the failure to deliver clean drinking water to first nations communities, she wonders if we can ever make any progress at all.

This is our moment. Let us not lose it. We are coming together. We agree on something. Let us work together on it.

My last thought goes to the question of drinking water in Canada overall. Now that we are addressing first nations drinking water in a non-partisan fashion across all parties in the House of Commons, can we not look at the larger question of how we regulate drinking water in general?

I may not be right about this, I just want to share this. I'm thinking out loud. Is there something wrong with the overarching framework of drinking water in Canada that we do not regulate the safety of drinking water in Canada? We regulate food safety. There have been various attempts in the Senate over the years to put forward a bill that would reclassify water as food, so that we would then regulate the safety of water.

We do not regulate the safety of water. We have federal government guidelines from Health Canada and when they are not being observed, there is no enforcement mechanism. Generally, enforcement for safe drinking water in Canada has been a process that involves media stories, headlines, and trying to get attention. Unless it is a desperate situation like Walkerton, sometimes drinking water standards, even in a non-first nations context, are not getting adequate attention.

Perhaps it is time that we address the need for a safe drinking water act that will reach all Canadian taps, all Canadian faucets, all Canadian homes. In doing that we will have created a federal framework within which the rights and responsibilities, and the appropriate jurisdictions of first nations can be respected as we augment the failures by providing significant resources to providing safe drinking water everywhere in this country, but particularly in that area of exclusive federal responsibility which we share with first nations on first nations reserves across Canada.

I am thankful for having the opportunity to speak to this. I look forward to questions.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I would like to thank the hon. member for Churchill for sharing her time with me.

I support the motion by the hon. member for Toronto Centre but on condition, as was complied with and consented to, of a very critical amendment to that motion. The critical amendment calls for immediate action on an issue that has gone on far too long in this country. We are happy to support this motion subject to the amendment also passing that immediate, urgent action be taken to address the critical situation with respect to access to drinking water for our first nations people in Canada.

The dire situation faced by far too many aboriginal communities deserved urgent, substantial action and investment in decades past by former Conservative and Liberal governments. Today is an opportunity for every elected member in the House to support the call for immediate action and investment, and I emphasize action and investment.

First nations people grow tired of hearing the same response by the Minister of Aboriginal Affairs every day in the House, that the government is spending a lot of money. The government is spending a lot of money on a lot of things, but it is not addressing the urgent needs of first nations women, children, elders and families for potable water for safe washing and drinking. They deserve it now, not next week, not next month, not next year, not in the next decade.

National Chief Shawn Atleo testified on Bill S-11, the proposed safe drinking water act for first nations tabled by the government in the Senate, not in the House, during the last Parliament. That bill, by the way, was roundly spoken against by every first nation organization and leader who testified. We are still waiting for the long-promised revised and improved law to come forward.

Chief Atleo said that federal action to provide safe drinking water services to all first nations is a clear priority for the first nations he represents. It does not yet appear to be a priority for the Conservative government.

I want members to hear me clearly. It is not an adequate response if the measures, including promised but not yet forthcoming laws, taken are not based on direct consultation with first nations and accommodation of their stated needs, interests and recommendations.

Chief Atleo advised that three distinct and inseparable actions must be taken to ensure sustainable supply of safe drinking water to first nations communities. Those include first, clear assurance of the necessary resources to ensure that first nations can comply with any future drinking water standards. Second, a genuine process of consultation with first nations in the development of the rules is needed. Chief Atleo gave examples of where in the past there had been genuine and constructive dialogue on legislation. Regrettably he advised, that has not yet occurred in this matter.

His third action is the recognition that no first nation will agree to any law that abrogates or derogates aboriginal and treaty rights. That was the most strident objection voiced by all first nations witnesses testifying to the law put forward by the government in the last Parliament.

Those views were echoed at other forums sponsored by the federal government. The former Indian affairs department, now Aboriginal Affairs and Northern Development Canada, appointed an expert panel on safe drinking water for first nations. Yet again another review, another study. It reported in 2006. It recommended exactly what Chief Atleo called for.

We need to provide legislative protections for first nations communities in the same way that those protections are accorded to all other communities in this country. How does that happen, because the government in its wisdom, like all past Liberal and Conservative governments, has refused to enact binding, legal, safe drinking water standards?

Therefore, when we deal with first nation peoples who are supposed to be protected by this national government, we see that the government has failed to provide those same standards to first nation peoples.

The expert panel recommended that yes, we need to have legislation provide a useful framework for that law and the number of options, but also said that the government must not move forward until it guarantees the resources and training are in place so those nations can comply with that law.

Then the Senate had yet another review before its aboriginal committee. In 2007, based on the testimony yet again by government and first nation leaders, it made exactly the same recommendations that were put forward by the national chief, and in fact by all the chiefs who had been testifying, and by the INAC expert panel.

Thus the duty to consult and accommodate is very important, and the first nations are calling upon the government to take that seriously. That duty was upheld by the supreme Court of Canada in a very important case brought by a first nation in my province, the Mikisew Cree First Nation. That decision was very clear: before the federal government makes any decision on any policy or law, or on any matter affecting the resources, interests or people of first nations, it has an overriding constitutional obligation to consult, accommodate and respond.

It is not good enough that the government keeps reminding first nations how much money it spent, or to be patient because safe drinking water laws are coming soon. It needs to genuinely commit the budget now.

In a moment, I will reveal what the budget number is. How do I know the number? It is because the government commissioned an engineering group to do the work of identifying that exact figure.

If the first nations suffering under continuing boiled water advisories cannot hold out hope that the government is going to respond to all of those previous reviews, they might heed the advice of the former Auditor General, Sheila Fraser. In her final audit report this year, she identified first nation drinking water as among the critical outstanding matters warranting priority federal action. She admitted that the government had taken some action, but decried the lack of any real progress in improving the lives and well-being of people living on reserves. She has said that despite her office producing over the past decade “...no fewer than 31 audit reports on aboriginal issues....too many First Nations people still lack what most other Canadians take for granted”.

She called for major structural reforms, including a legislated base for programs, including safe drinking water, and “commensurate statutory funding”. Those are very important words, “commensurate statutory funding”.

What she pointed out with examples from education was that in the case of first nation children, they do not have a statutory right to ensure that governments issue money on a regular basis to meet their educational needs or, in this case, their safe drinking water needs. No. First of all, the first nation has to agree that it will build a treatment plant or build the piping or fix the piping or do some training. Then, on that condition, the government will eventually sign a contribution agreement and eventually the first nation will receive some money, but only for a year. Then it starts all over again.

She also called for support for local service delivery by first nations. Again, the Auditor General was listening to first nations. Will the government listen to the first nations?

Let us put a reality fix on the scale of the problem. As I mentioned, the engineering report commissioned by the government, issued this year, identified a cost of an additional $3.5 billion simply to bring first nation water supplies up to standards legally required for other Canadian communities. It may be noted that for Alberta alone, the cost is $162 million.

I want to add that it is not enough just to deal with the end of the pipe. As members may be aware, or those who were in the last Parliament or have taken the time to take a look at what occurred in the last Parliament, a number of us issued a report based on a review of the impact of the oil sands on water. In that report, it was very clear that the federal government was dropping its responsibilities on the protection of source water.

That is absolutely critical. The best way to reduce the costs for first nations of treating their water is to ensure that the source water is clean.

A few days ago, I mentioned the high levels of carbon in the source water of the Fort McKay community. If they had a safer source of water, they could reduce the harm to their community by not having to add more chlorine to their water.

In closing, first nations deserve a law to ensure their right to safe drinking water, they deserve the resources to move on that immediately, they deserve respect for their aboriginal and treaty rights, and they deserve real consultation in this matter.