Safe Drinking Water for First Nations Act

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

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

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 8 p.m.


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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I think my friend across the way will acknowledge that first nations right across the country are all in different situations.

I am travelling this Saturday to a first nation in my riding. I have ten first nations in my riding, and I am travelling to one that actually has good water. It has a good water system, it has trained individuals and it has good waste water systems. That particular first nation governs according to provincial regulations and they meet those regulations.

Not all of my first nations have that same kind of capacity. Certainly, north, in the Kenora riding, many of those first nations, particularly the fly-in nations, really have no capacity at all. They certainly have no capacity to deal with events such as flooding and so on. This is not a difficult problem to solve. It just requires political will and, I want to emphasize again, adequate investments.

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 8 p.m.


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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, as my colleague knows, there was an expert panel on safe drinking water for first nations. According to its November 2006 report:

...regulation alone would not ensure safe drinking water. The report indicated that regulations governing the provision of on-reserve drinking water must be accompanied by adequate investment in human resources and physical assets. It suggested that it is not “credible to go forward with any regulatory regime without adequate capacity to satisfy the regulatory requirements.”

Again, the bill does not provide any additional resources, and many witnesses at committee expressed frustration with the government's failure to consult first nations regarding the development of this bill.

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 8:05 p.m.


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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, the one thing that has not been talked about, and I agree with the quote the member used, is the question of crucial investments. I think she said crucial investments in human resources and physical infrastructure. That needs to be done.

However, there are some corollary items that need to be dealt with. I am just thinking of one, which is housing. Part of the problem with a lot of first nations in northern Ontario is that they do not have adequate housing or the housing infrastructure to ensure that these water systems work and to make sure that they are there.

We can talk about regulations, saying that people have to be trained and this is what happens with water coming in and out. The fact of the matter is that housing is very inadequate on many first nations. Many of them are without running water. It is not just a question of a water system here and a water system there, it is also a question of making sure the total infrastructure has the funding to make it all work.

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 8:05 p.m.


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Conservative

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.

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 8:15 p.m.


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The Deputy Speaker

It being 8:19 p.m., pursuant to an order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

Is it the pleasure of the House to adopt the motion?

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 8:15 p.m.


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Some hon. members

Agreed.

No.

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 8:15 p.m.


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The Deputy Speaker

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

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 8:15 p.m.


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Some hon. members

Yea.

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 8:15 p.m.


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The Deputy Speaker

All those opposed will please say nay.

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 8:15 p.m.


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Some hon. members

Nay.

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 8:15 p.m.


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The Deputy Speaker

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to an order made on Wednesday, May 22, 2013, the division stands deferred until Monday, June 10, 2013, at the expiry of the time provided for oral questions.

The House resumed from June 6 consideration of the motion that Bill S-8, An Act respecting the safety of drinking water on First Nation lands, be read the third time and passed.

Safe Drinking Water for First Nations ActGovernment Orders

June 10th, 2013 / 3:10 p.m.


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The Speaker Andrew Scheer

I think it best if we move on to the taking of the deferred recorded division on the motion at the third reading stage of Bill S-8.

(The House divided on the motion, which was agreed to on the following division:)

Vote #742

Safe Drinking Water for First Nations ActGovernment Orders

June 10th, 2013 / 3:20 p.m.


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The Speaker Andrew Scheer

I declare the motion carried.

(Bill read the third time and passed)