Bill C-267 (Historical)

Canada Water Preservation Act

An Act respecting the preservation of Canada’s water resources

This enactment prohibits the removal of water in bulk from major drainage basins in Canada.

Canada Water Preservation Act

[Frank Valeriote, Liberal, Guelph, ON]

Mr. Speaker, I am pleased to rise this evening to speak to Bill C-267, An Act respecting the preservation of Canada’s water resources, put forward by my good friend and colleague, the member for Lac-Saint-Louis.

I believe that all too often we take water for granted. It is something that is all around us, easily accessed, and few of us give it a second thought. Last week, in the face of the ongoing state of emergency in Attawapiskat, my party brought forward a motion calling on the government to take immediate action to ensure safe and clean running water for all Canadians and, in particular, on first nations reserves.

In this year's government-commissioned national assessment of first nations water and waste water systems, a national roll-up report, it was revealed that after examining 97% of all first nations water and waste water systems, 73% of all water systems on reserves were either a high 39% or a medium 34% risk to human health. Thankfully, that motion received unanimous consent of all parties in the House and we now wait impatiently for it to be acted on.

Not only must we keep water safe, but it is essential that we preserve this precious resource. Canada holds 20% of the world's fresh water. To place that in perspective, as was indicated by the member for Lac-Saint-Louis, the United States has one-tenth of our fresh water resources with almost nine times our population. The United States and the rest of the world covet our water supply.

There are those in Canada, industry and otherwise, who simply lack the necessary commitment to the conservation of our water supply. The false notion that water is an entirely renewable resource is far too prevalent and we need more awareness of the issue. Even our Great Lakes system is seen as an endless water supply. Few realize that only 10% is renewable.

Climate change is not only diminishing our own fresh water supplies but creates shortages in countries without the same natural resources as Canada. Take, for instance, countries in sub-Saharan Africa and India that face water depletion issues every day. Since the 1950s, proposals to export our fresh water to the United States have abounded, making bulk water exports an issue of profound national concern.

The Liberal Party believes the issue of bulk water exports is one of profound national concern and I am disappointed, as are most Canadians, that the Conservative Party does not, as expressed by the Parliamentary Secretary to the Minister of the Environment, and has proven that its former commitments to end bulk water exports are merely more hollow words.

We need to take action and this bill brought forward by my colleague takes appropriate, much needed steps to keep water in its home basin or in its ecosystem. This bill would also have the coincidental result of effectively prohibiting the wholesale movement of water to areas outside Canada's borders by, without limitation, tunnel, canal, pipeline, water bag or aqueduct.

It is especially timely as the calls to export Canada's water have increased in recent years. A previous Conservative government failed to secure Canada's right to preserve its fresh water within its national boundaries under both the Canada-United States Free Trade Agreement and then the subsequent North American Free Trade Agreement, and we can only imagine what is secretly being done under CETA.

The present government has not, by any measure, shown it is willing to fight for Canadian natural resources as it kowtows to U.S. protectionism and gives away our competitive advantages, like the Canadian Wheat Board, and puts our supply management at risk.

The proposed Canada water preservation act is a necessary measure to backstop our fresh water. The bill would prohibit the removal of fresh water in bulk from one aquatic basin to another by any means. The bill would also accomplish another environmental goal, insofar as it would prevent the spread of invasive species from ecosystem to ecosystem. Take, for instance, the ravages caused by invasive species like the zebra mussel or the Asian carp. Moving water from one basin to another takes species from their natural basin and introduces them into a foreign environment, often with surprising consequences.

While all the provinces currently prohibit the export of water in bulk by establishing a national treatment for the issue of water exports, we signal not only that this is a vital pan-Canadian issue but also that it addresses the political realities of changing governments, province to province.

This bill builds on earlier efforts by a previous Liberal government to ban the export of water from the Great Lakes and freshwater bodies under joint federal-provincial jurisdiction.

We on this side hold steadfast Canada's water sovereignty, more so in the face of growing calls from conservative-minded bodies to export our fresh water. This is precisely why my colleague, working with the program on water issues at the University of Toronto's Munk School of Global Affairs, has tabled this legislation to close the door to bulk water exports. The time to act is now. Already, conservative think tanks are advocating for the privatization and corporatization of water.

In August 2008, the Montreal Economic Institute published a report that states:

Fresh water is a product whose relative economic value has risen substantially and will keep rising in the coming years. It has become a growing source of wealth and an increasingly worthwhile investment.

Meanwhile, last June the Fraser Institute called for a complete elimination of the provincial statutes and regulations prohibiting the bulk export of water. We should be frightened.

Maude Barlow of the Council of Canadians put it very well when she noted in her book Blue Covenant:

Imagine a world in 20 years in which no substantive progress has been made to provide basic water services in the Third World; or to create laws to protect source water and force industry and industrial agriculture to stop polluting water systems; or to curb the mass movement of water by pipeline, tanker, and other diversions, which will have created huge new swaths of desert.

I have said many times in the past that at the dawn of civilization, battles were fought over wells. I am afraid that in the future, if we do not act now, wars will be fought over lakes, and these wars will be much more devastating.

In October, I was pleased to attend in my riding of Guelph a launch for the Wellington Water Watchers' “Walk for Water”. The Wellington Water Watchers are not only doing a great job with the preservation, conservation, and restoration of our water resources, but they are tireless advocates and work diligently to increase awareness of the issues surrounding what many would consider our most precious resource. They know very well that water is among the most multi-faceted of public policy issues. It is ubiquitous and cross-jurisdictional. Water touches every aspect of life and society, including the economy. All levels of government are involved in protecting and managing this most precious of our resources.

Water is clearly a fundamental human right. This is a moral fact. No human being can live long without potable water. Contaminated drinking water kills over two million people annually around the world, the majority of them children. A lack of water for sanitation also undermines human health throughout the developing world.

It is our duty to ensure that our fellow human beings, wherever they may live, have affordable access to the water they need. This can be achieved only through conservation and by protecting the quantity and the quality of our water. Among the most complex of all water issues is the recognition and codification in international law of the human right to water.

We are today at the beginning of the road toward meaningful recognition of the right to water. The non-binding resolution adopted by the United Nations General Assembly in July 2010 was a crucial step toward the goal of establishing a human right to water that hopefully can result in all people around the world having access to water that they require for survival and dignified living. Unfortunately, Canada abstained.

Having one of the largest supplies of fresh water in the world, we must accept our place as a leader on the issue of water conservation and be mindful of the need to protect this valuable resource. Canadians have a real need to preserve our water and respect its place in the environment. Doing nothing leaves us with a clear and present danger of the wholesale movement of water. Protection of our natural resources is imperative.

I urge all my colleagues on both sides of the House to make the preservation of our water resources paramount and to support the bill when it comes to a vote.

[Michelle Rempel, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, Bill C-267 seeks to prohibit the removal of water in bulk from major drainage basins in Canada. Unfortunately, the bill is fraught with redundancies. I will spend my time today discussing why. I will start by giving the House a sense of the federal role in the shared management of our waters as it applies internationally and domestically. It is a role that is designed to respect both federal and provincial jurisdictions.

Canada's Constitution makes it a province's responsibility to manage natural resources within its boundaries. However, it does not explicitly assign responsibility for water management to either the federal or provincial government. Therefore, traditionally we have shared this role.

At the federal level, we have a long history of bilateral co-operation with the United States to manage boundary and transboundary waters through a set of treaties and agreements that have been mentioned here tonight, like the Boundary Waters Treaty. This treaty, with the International Joint Commission that it created, has successfully promoted co-operative solutions to shared water issues with the United States for more than 100 years.

Under the Boundary Waters Treaty, the federal government supports the International Joint Commission by providing expert technical and engineering staff to oversee the flow of water in these basins. The commission also engages experts from other levels of government from both sides of the boundary. It creates the structure for the federal, provincial and state agencies to work together in the best interests of the people from both countries.

Additionally, when Canada, the United States and Mexico ratified the North American Free Trade Agreement, they declared that it created no rights to water in its natural state.

Beyond the international dimension, the federal government also takes an appropriate role with the provinces in overseeing the apportionment of water that flows from one province to another, such as with the Prairie Provinces Water Board. The federal government acts as a neutral third party in making sure that the terms of the master agreements on apportionment are followed.

I would also like to note, and this has been discussed here previously tonight, that the federal government has already undertaken specific action to ban bulk water removals from waters that are within our jurisdiction.

Specifically, the Minister of Foreign Affairs is responsible for the administration of the International Boundary Waters Treaty Act. For over a decade, that act has prohibited bulk water removals from the Canadian portion of the boundary water basins. These are basins that contain the lakes and rivers that form or run along the international boundary.

In putting in place these protections, the federal government has always been mindful that it is a provincial responsibility to manage water within a province's territorial boundaries and this is as it should be. In keeping with these shared responsibilities, it is important to underscore how active our provincial and territorial partners have been in putting in place the measures to be sound stewards of our water resources. Over the last 10 years, all the provinces have put in place laws, regulations or policies that prevent the transfer of water between basins, or outside their boundaries, and in some cases, both.

Therefore, the bill is an unnecessary incursion into provincial jurisdiction.

The former leader of the Liberal Party of Canada, the hon. member for Saint-Laurent—Cartierville, has questioned the constitutionality of this legislation at committee, a significant issue that is associated with the bill.

Bill C-267 would place the issue of bulk water transfers, domestically and internationally, wholly within federal jurisdiction. This is a departure from the federal government's traditional jurisdiction and raises constitutional issues. In particular, there are concerns whether it can be supported by a federal head of power, particularly given its focus on waters other than transboundary basins.

Similarly, it is unlikely that Parliament could rely on peace, order and good government to legislate in this case. The bill does not meet the national concern part of this test. In particular, there is no provincial inability to address the issue.

On this point, federal incursion into water management wholly within provincial boundaries, as proposed by the bill, would be duplicative and an intrusion on provincial jurisdiction. It would also imply that, without additional federal government oversight of the provincial protections already in place, the provinces would open the floodgates to bulk water diversion projects. This simply does not align with all the evidence to date of strong provincial actions to prohibit such removals, contrary to the alarmist nature of the member opposite's speech.

Additional redundancies relate to a law passed by the United States that explicitly prevents the removal of water from the Great Lakes basin.

This brought into force a political compact that was developed by the eight Great Lake states in 2008. When this occurred, the governments of Ontario and Quebec also signed a side accord with these eight states which adopted the same principles.

Let me conclude by summarizing the key flaws and redundancies contained in the bill. Bill C-267 would place the issue of bulk water transfers, domestically and internationally, wholly in federal jurisdiction. This is a departure from the federal government's traditional jurisdiction and raises significant constitutional issues. We do not want to federalize every drop of water in Canada, nor should we. We respect the role and the jurisdiction of the provinces with regard to the sustainable management of our water resources.

Robust protections already exist at the federal and provincial level to prevent the removal of water in bulk and there is, therefore, no justification for the federal government to act in prohibiting the transfer of water within the territory of a province. Also, we look forward to continuing the long-standing co-operative relationships we have established with our provincial, territorial and U.S. colleagues to continue our shared efforts to sustainably manage our water resources. As such, I encourage members not to support this bill.

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

Mr. Speaker, I rise on a point of order. I would request unanimous consent of the House that I might have the honour of co-seconding Bill C-267 put forward by the hon. member for Lac-Saint-Louis.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

moved that Bill C-267, An Act respecting the preservation of Canada’s water resources, be read the second time and referred to a committee.

[The Chair, Conservative, Harold Albrecht]

Yes, and I think that's where we come back to the word “clearly”.

We'll proceed unless there's an objection.

Bill C-267 is considered votable.

Next is Bill C-293.

[The Chair, Conservative, Harold Albrecht]

Are there any questions or concerns on Bill C-267?

Mr. Dion.

[The Chair, Conservative, Harold Albrecht]

Are there any questions or comments regarding Bill C-291?

Seeing none, we'll proceed to Bill C-267.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

moved for leave to introduce Bill C-267, An Act respecting the preservation of Canada’s water resources.

Mr. Speaker, I think this is the third time I have introduced this bill, going back a few years. I am hoping that this time it will make it through the legislative process. Essentially, it is a bill to enable the federal government, along with the provinces, to become part of the process of making water in Canada a public trust. More specifically, it is a bill that would keep water in its natural basin thereby preventing large diversions of water from one basin to another in Canada and, by extension, outside of Canada.

(Motions deemed adopted, bill read the first time and printed)