Bill S-8 (Historical)

Safe Drinking Water for First Nations Act

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

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

Bill S-8—Time allocation motion

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

Another time allocation motion, Mr. Speaker. First nations are not in favour of time allocation and they are not in favour of Bill S-8.

I have a resolution here from the United Chiefs and Councils of Mnidoo Mnising in which they talk about the fact that first nations have the inherent right to self-government as recognized by section 35 of the Canadian Constitution Act, 1982, which includes independent jurisdiction.

The resolution also says that the Conservative government has not consulted with them in order to pass these bills. The resolution says:

Therefore be it resolved that; the UCCMM First Nations categorically reject the following assimilation and termination Bills, Acts, policies and procedures used against our citizens;...Bill S-8 Safe Drinking Water...

Could the minister tell us why he is trying to pass this legislation as quickly as possible without consulting first nations and without the proper input of first nations and their members?

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

Mr. Speaker, I want to thank the member for Desnethé—Missinippi—Churchill River for his question. It is an important one.

As a matter of fact, from the former iteration of the bill to this one, we have incorporated some 10 amendments that had been requested by stakeholders and first nations across the country.

Over the last several months, as members may know, concerns have been raised by various stakeholders regarding the opt-in provision in Bill S-8 for self-governing first nations and those who have already concluded land claim agreements. Specifically, it was suggested that this provision could create jurisdictional challenges and impacts for ongoing and future land claim agreements, among other issues.

As a result, I will be recommending to the committee that will be studying this bill clause by clause that there be removal of this provision from the bill, which will be good news for the land claims coalition and for those self-governing nations.

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

moved:

That, in relation to Bill S-8, An Act respecting the safety of drinking water on First Nation lands, not more than 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.

Bill S-8—Notice of time allocation motion

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

Mr. Speaker, the safe drinking water for first nations act would allow our government, in co-operation with first nations, to ensure safe access to drinking water and to ensure the effective treatment of waste water and the protection of sources of drinking water on first nation lands.

However, I would like to advise that an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill S-8, an act respecting the safety of drinking water on first nation lands.

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

Business of the House

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

Mr. Speaker, I thank the opposition House leader for his stream-of-consciousness therapy.

Our government, however, is very focused. Our top priority is jobs, growth and long-term prosperity. With that in mind, this afternoon we will continue second reading debate on the cornerstone item of our legislative agenda, which is Bill C-60, the economic action plan 2013 act, no. 1. We will continue this debate tomorrow.

Next Monday, May 6, will be the fourth day of second reading debate on this important job creation bill, and Tuesday May 7 will be the fifth and final day.

Once debate is concluded, the House will have an opportunity to vote on the substantive job creation measures in this bill.

On Wednesday, the House will debate Bill S-8, the safe drinking water for first nations act. This will be the fourth time this bill is debated at second reading so it is my hope and expectation that this bill will come to a vote.

With the vote, there will be another clear choice before the House. Members will be voting to allow for national standards for on-reserve drinking water. This is a question of basic equality. I know the opposition voted against equality for women on reserves when it voted against Bill S-2, matrimonial property on reserves, but I hope they have stopped grasping at excuses to oppose equal treatment for first nations and will now support Bill S-8.

While I am speaking about aboriginal affairs, allow me to take the time to notify the House that I am designating, pursuant to Standing Order 81(4)(a), Thursday, May 9, for consideration in committee of the whole all votes under Indian Affairs and Northern Development in the main estimates for the fiscal year ending March 31, 2014.

On Thursday, we will continue to advance the economic priority of our legislative agenda by debating Bill C-48, the technical tax amendments act, 2012, in the morning. Following question period on Thursday, May 9, we will continue Bill S-9, the nuclear terrorism act at third reading. I understand there is broad support for this bill, so I hope to see it pass swiftly. Then we can move on to other legislation, including: Bill C-49, the Canadian museum of history act; Bill C-51, the safer witnesses act; Bill C-52, the fair rail freight service act; Bill S-10, the prohibiting cluster munitions act; Bill S-12, the incorporation by reference in regulations act; Bill S-13, the coastal fisheries protection act; and Bill S-14, the fighting foreign bribery act.

Finally, Friday, May 10 will be the seventh allotted day, which I understand will be for the NDP.

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

Mr. Speaker, it was Harold Macmillan who once said, “Events, my dear friend, events”. That is the great variable.

As we know, we have had many events and we were delighted that we were able to get Bill S-7 approved by this House this past week, in response to events.

Today, we will continue with debate on the NDP's opposition day motion.

It being Victims Week, we will follow up on this week's passage of Bill S-7, the combatting terrorism act, with debate tomorrow on Bill C-54, the not criminally responsible reform act, at second reading.

Insofar as the government's agenda, there is actually a very significant cornerstone to that agenda; that is, of course, our economic action plan. Earlier this week, the House adopted a ways and means motion to allow for a bill implementing measures from economic action plan 2013. Our top priority is creating jobs, growth, and long-term prosperity, so if a bill following on the ways and means motion were to be introduced before Wednesday, we would give that bill priority consideration for debate Wednesday, Thursday, and Friday of next week.

In the interim, on Monday, we will return to the report stage debate on Bill C-15, the strengthening military justice and the support of Canada act. It is my hope that this debate will conclude on Monday so that we can have the third reading debate on that bill on Tuesday.

If we have the opportunity next week, we will continue the second reading debate of the not criminally responsible reform act. This is an important bill and I would hope that it will get to committee without delay.

The government will also give consideration to Bill S-8, the safe drinking water for first nations act at second reading; Bill C-52, the fair rail freight service act at report stage and third reading; Bill S-9, the nuclear terrorism act at third reading; and finally, Bill C-49, the Canadian museum of history act.

Homes Not Connected to a Sanitation System

[Kellie Leitch, Conservative, Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour]

Mr. Speaker, I welcome the opportunity to take part in the debate on Motion M-400, which calls on the government to consider establishing a financial support program to help Canadians bring private residential sceptic systems up to standard.

The hon. member sees this as a means of protecting Canadian lakes, water quality and public health. Certainly, those are commendable goals, and our government is working hard to achieve them.

While I understand the good intentions with which the motion was put forward, the government will not be supporting Motion M-400. Since the regulation of sceptic systems is a provincial and territorial area of responsibility, we believe that the provinces and territories are best positioned to understand and respond to local issues of this nature.

Having said that, our government is doing its part to improve wastewater management and treatment. We have invested heavily in public wastewater infrastructure, providing approximately $1.8 billion since 2007. This funding has contributed to more than 1,200 wastewater projects across the country, and on an ongoing basis, we are providing municipalities with $2 billion a year through the gas tax fund, money that can be used to upgrade wastewater infrastructure through municipalities if they choose to do so.

The investment in the affordable housing framework announced by the federal, provincial and territorial ministers responsible for housing in July 2011 is another possible source of federal support. This framework provides for a combined investment of $1.4 billion over three years to reduce the number of Canadians in housing need.

Provinces and territories are responsible for program development and delivery, and they certainly have the capacity to direct funding to upgrade private sceptic systems if this is considered a priority by them.

The Canada Mortgage and Housing Corporation’s mortgage insurance can also help homeowners get funding to repair or replace their septic systems.

With mortgage insurance from CMHC, qualified homeowners can refinance their mortgages for up to 80% of the value of their home, and then use the resulting funds to make improvements to their plumbing or other systems.

I would also like to take the opportunity to comment on an area where the government has found an important role with respect to household septic systems. This role is in helping first nations to provide better water and waste water services on reserve.

Hon. members on both sides of the House will agree that the living conditions for many first nations communities are below those of other Canadians.

Working in partnership with first nations, our government is taking action on a number of fronts, including supporting first nations in operating their waste water and water systems on reserve. Each year our government provides approximately $197.5 million in water and waste water programs to first nation communities. This funding assists first nation chiefs and councils in their responsibility to plan and develop water and waste water systems on reserve. This is a significant investment, but we recognize there is more to be done to improve the health and quality of life for people in first nation communities.

Our government made a commitment to address on-reserve water and waste water issues on a priority basis, and subsequently released the “National Assessment of First Nations Water and Wastewater Systems--2009–2011”. We identified three key areas of action: enhanced capacity building and operator training, enforceable standards and protocols, and infrastructure investments. Progress has been made in each of these areas, and I am pleased to say that even bigger improvements lie ahead.

Canada's economic action plan 2012 provided for new investments of $330.8 million over two years to help first nations provide better water and waste water services to their residents. This investment, which is over and above the funding we provide annually, will sustain the progress that has been made to date in building and renovating water and waste water infrastructure on reserve. It will also support the development of a long-term strategy to improve water quality in first nation communities. As a result of this planned investment, risk levels will be reduced and access to clean water on reserve will improve.

Analysis shows that 60% of the risk identified in annual performance inspections of water and waste water systems relate to systems operations, maintenance, operator training and certification, as well as record keeping and reporting. To improve results in these areas, during the first year of this plan $32 million will be invested in training for first nations, and an additional $47.7 million will be invested to support operations and maintenance. New investments will also be made to support the construction and renovation of water and waste water treatment facilities.

In year one, capital investments of $47 million will be prioritized to target high- and medium-risk systems in over 50 first nation communities. Canoe Lake in Saskatchewan, Tallcree First Nation in Alberta and Nazko First Nation in British Columbia are among the communities that will benefit from this funding.

Finally, Health Canada will support first nations with an investment of $27.4 million per year to build capacity, enhance monitoring, increase public awareness and review project proposals from a public health perspective. Chiefs and councils will continue to be responsible for public health measures such as issuing drinking water advisories to affected communities, communicating the information to residents and addressing drinking water quality challenges.

Once this two-year plan is fully implemented, our government will have invested approximately $3 billion between 2006 and 2014 to support first nation communities in managing their water and waste water infrastructure. Clearly the government attaches great importance to this issue. We are making the investments needed to achieve results.

Another way our government is taking action is by introducing legislation that will enable us to develop, with first nations, enforceable drinking water regulations and standards to be applied on reserve lands. As hon. members know, Bill S-8, the safe drinking water for first nations act, was introduced in the Senate last year. The proposed legislation is the product of discussions between the government and first nations on safe drinking water legislation and enforceable standards over the past five years. Bill S-8 has been approved by the Senate and is now awaiting second reading here in the House. I urge all members to support this meaningful legislation.

In closing, let me reiterate that the proposal from the hon. member would take the Government of Canada into an area of provincial and territorial responsibility. For this reason, Motion No. 400 will not be supported by the government. We will, however, continue to work co-operatively with federal and provincial governments and with first nations to protect public health, preserve the environment and improve the quality of life of Canadians. We will do so by continuing to focus our attention and investments in areas of federal responsibility where they can have the greatest impact.

Opposition Motion—Aboriginal Canadians

[John Duncan, Conservative, Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I am pleased to rise today to speak to the motion by the member for Nanaimo—Cowichan. The member's motion calls for improved economic outcomes for first nations, Inuit and Métis, and a commitment on treaty implementation and meaningful consultation on legislation with aboriginal peoples in Canada.

I am proud of our government's record on improving the lives of aboriginal people in Canada. Since 2006, our government has made unprecedented investments that will make a concrete difference in the lives of aboriginal people, including skills training, housing on reserves, potable water, schools, treaty rights, protection of the rights of women and the resolution of land claims.

For example, we have built over 30 new schools on reserve and renovated more than 200 others. We have invested in a major way in safe drinking water systems. We have built over 10,000 new homes and renovated thousands more. We have increased funding for child and family services by 25%. We have legislated that the Canadian Human Rights Act will apply to first nation individuals living on reserves. This was a glaring discriminatory provision in the Canadian Human Rights Act, which we reversed, over the objections of the opposition.

We introduced legislation to improve the accountability of first nation governments to their people. We introduced legislation to create an open and transparent elections process, necessary for economic development. We have settled over 80 outstanding land claims, many of which had been languishing for 20 years in the hopper. We have invested in over 700 projects, linking aboriginals across Canada with job training and counselling services.

I have had a long history with first nations and have seen a lot of change over the years. I am very encouraged to see firsthand many examples of strong first nation leadership driving very positive change.

Aboriginal peoples represent the fastest growing population in Canada. Given the country's labour shortages and the proximity of first nation communities to resource development projects, there is a tremendous economic opportunity before us. That is why we have consistently invested in measures to improve aboriginal participation in the economy.

Like economic action plan 2012, economic action plan 2013 will be focused on jobs and opportunities for all Canadians, including first nations, Inuit and Métis.

Finding ways to ensure that first nations can benefit from resource development is a priority. It is good for first nations, for Canada, for our Métis and for our Inuit. Our government is investing in measures that will help ensure that first nations are well-positioned to take advantage of these and other economic opportunities. For example, our government has invested in over 700 initiatives to link aboriginal people with job training, mentoring and other supports. We also invest more than $400 million annually in direct funding for aboriginal skills development and training.

My department's major projects and investment funds initiative has also contributed over $22 million to support aboriginal participation in 87 energy and resource projects, such as hydro, mining, renewable energy and forestry. These contributions have helped create over 400 jobs and levered just over $307 million from public and private debt and equity financing sources.

In addition to these investments, our government has worked to modernize legislation to allow first nations and aboriginal organizations to operate at the speed of business. Last year, our government introduced Bill C-27, the first nations financial transparency act to allow first nations community members access to the same basic financial information about their government and their elected officials available to all other Canadians.

More specifically, the bill would require first nation elected officials to publish their statements of remuneration and expenses as well as their audited consolidated financial statements. The bill would provide community members with the information required to make informed decisions about their leadership and to provide investors with the confidence they need to enter into financial partnerships with first nations.

Now that the legislation is before the Senate committee, we hope to see it passed into law very soon.

The first nations financial transparency act was driven by grassroots first nation members who were calling for greater accountability from their governments. Many of these people have suffered retribution, including intimidation and verbal and physical abuse, for having spoken in support of greater transparency and accountability.

Another important legislative initiative that would foster jobs and economic growth is Bill C-47, the northern jobs and growth act, which includes the Nunavut planning and project assessment act and the Northwest Territories surface rights board act, along with related amendments to the Yukon Surface Rights Board Act. Together, these measures would fulfill outstanding obligations under the Nunavut Land Claims Agreement, as well as the Gwich'in and Sahtu land claims agreements, and respond to calls for measures to streamline and improve regulatory processes in the north. The bill is currently being studied by the Standing Committee on Aboriginal Affairs and Northern Development.

Amendments to the land designation sections of the Indian Act that comprised a portion of Bill C-45 would also create economic opportunities. These amendments would speed up the process for leasing lands for economic development purposes, while allowing first nations to maintain full ownership of their lands. As a result, it would provide greater flexibility for first nations to act on time-sensitive economic development opportunities. These amendments responded directly to first nations who had expressed frustration to me, to the standing committee and to other members with the overly complex and lengthy process of designating land, which was an impediment to investment opportunities.

I quote from Chief Shane Gottfriedson, chief of the Tk'emlúps Indian Band in British Columbia, speaking about these changes to the land designation process in Bill C-45. “[Before the changes] it was just horrific for us to try and do any sort of business within our territory”.

Chief Reginald Bellerose of the Muskowekwan First Nation in Saskatchewan also spoke in favour of the changes: “[Muskowekwan First Nation] recognizes the positive steps the federal government has made to assist First Nation communities to operate in a more efficient and commercial manner. Specifically, Bill C-45 provides for a more efficient land designation vote process”.

We have heard from first nations that they want to be able to move at the speed of business and we continue to work with willing partners to remove economic barriers to the success of first nation communities as they seek out opportunities to generate wealth for their communities and their members.

If further proof was needed that legislative action can speed economic development, I would like to point to my announcement just last week on new regulations under the First Nations Commercial and Industrial Development Act that will allow the Kitimat natural gas facility on the Haisla First Nation's Bees Indian Reserve No. 6 to move forward. The Kitimat LNG facility will provide Canada's energy producers with a doorway to overseas markets. It will create well-paying jobs and economic growth opportunities for the Haisla First Nation and the entire northwest region of British Columbia.

We have also invested in modernizing the land management regimes for first nations so that they can unlock the potential of their lands and natural resources. This past month I announced that eight more first nations will soon be operating under the First Nations Land Management Act. These first nations have chosen freedom from 34 land-related sections of the Indian Act, which were holding them back from achieving their full economic potential. They now have power over their own reserve lands and resources so that they can take advantage of economic activities without wading through bureaucratic red tape.

This is in addition to 18 other first nations that I announced last January, making a total of 69 first nations that can now develop their own land codes, which will allow them to more quickly and effectively pursue economic opportunities and create jobs. Through these initiatives we are putting in place the building blocks for future success. These foundational pieces will help prepare communities to take advantage of new economic opportunities available to them.

We are a business-like government. We like to obtain concrete results. We are making unprecedented investments in the spirit of partnership and we recognize historical grievances. This is why we have settled outstanding land claims that have been long languishing.

The government is committed to continue building on the progress we have made to improve living conditions for first nations and to create jobs and economic opportunities in their communities. Specifically, we are committed to expediting comprehensive claims and treaty implementation. We all recognize that while much progress has been made, more work remains to be done. We are taking steps to improve land claim and self-government negotiation processes. This includes identifying alternatives to negotiations that meet the interests of the parties as well as practical measures to make sure that first nations are ready and able to fully engage and participate in the process.

In some cases there are alternatives to comprehensive claims and we are good with that. For example, the Haisla, the Squamish First Nation and Westbank First Nation are not specifically interested in pursuing treaties. They realize there are other measures that can and have been put in place, which are expediting the conditions for economic prosperity for their communities. We are also involved currently in self-government negotiations on a number of historic treaties. An example of that is the Sioux Valley Dakota First Nation in Manitoba, where we anticipate imminently the conclusion of self-government negotiations.

There is a clear link between the strength of the relationship and the economic prosperity of first nations and all Canadians. Protection of aboriginal treaty rights and consultations with aboriginals are enshrined in our laws, which have been passed by this Parliament. This government fully respects our duty to consult. That is why we have conducted more than 5,000 consultations annually. As minister, I have visited over 50 first nation communities since 2010 and I have had hundreds of productive meetings with first nation chiefs, councillors and community members across Canada.

This government also undertook unprecedented consultations on Bill S-8, the safe drinking water for first nations act. We are currently in the midst of intensive consultations with first nation leaders, teachers, students and educators in the development of a first nation education act. I would like to highlight some of the important work that has been done on the development of a first nation education act.

In economic action plan 2012, our government committed to work with willing partners to establish a first nation education act that will establish the structures and standards to support strong and accountable education systems on reserve. Through intense consultations, we have committed to work with willing partners to have the legislation in place by September 2014. We are determined to follow through on this commitment.

First nation students are the only children in Canada whose education system is not governed by legislation. Our government, unlike previous governments, is committed to bringing forward such legislation. The legislation would provide the modern framework necessary to build standards and structures, strengthen governance and accountability, and provide the mechanism for stable, predictable and sustainable funding.

I would like to add that, as recently as yesterday, I met with the first nation education steering committee in British Columbia. We have other examples, such as Mi’kmaw Kina’matnewey in Nova Scotia, where these parameters are already in place. An important part of our consultation is to meet with first nation authorities that have already done much work in this area and are obtaining results of the kind that are setting a great example.

We are making other investments. We have also invested an additional $100 million over three years to help ensure readiness for the new education system to be put in place by September 2014. We committed an incremental $175 million, on top of the $200 million that we spend on an annual basis, to new school projects. It is unfortunate that the member who brought forward today's motion chose to vote against these investments in first nation education.

This past December I announced the launch of intensive face-to-face consultation with first nation parents, students, leaders, educators and others on the initiative. The first in a series of sessions began in Halifax last week. The second session will be in Saskatoon next week.

I want to state very clearly that there is no legislation drafted. The purpose of these ongoing consultations is to get views and feedback so that legislation can be drafted. The input gathered during consultations will help shape the drafting of the legislation. Once drafted, the proposed legislation will be shared with every first nation across Canada, as well as with provincial governments and other stakeholders for feedback.

Modern land claims and self-government agreements can also provide a path to self-sufficiency and unlock economic opportunities. We are working in partnership with first nations on a new results-based approach to treaty and self-government negotiations to achieve more treaties in less time so that aboriginal communities can begin to unlock economic opportunities that can be realized through treaties.

Under the new approach, our government will focus its resources on tables with the greatest potential for success to bring treaties to fruition. The chief commissioner of the B.C. Treaty Commission is strongly supportive of our new approach, saying that she is encouraged our government is accelerating progress. We have heard first nations' concerns and we are delivering necessary change. It is also clear that there are options to the treaty process. Our goal is to achieve treaties where we can and to develop options to treaties where we cannot.

I will conclude by saying that moving forward will take time and dedicated effort from all parties. We are fully committed to taking further steps along this journey. We will continue to focus on real structural reforms and increasing the effectiveness of long-term investments.

Business of the House

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

Mr. Speaker, I want to start by thanking everyone involved in supporting us as members of Parliament in Tuesday’s voting. Despite all of the amendments at committee and in the House, the balance of the government’s 2012 economic action plan will become law shortly.

This afternoon, the House will resume consideration of second reading of Bill C-15, the Strengthening Military Justice in the Defence of Canada Act. Once that has concluded, we will turn to report stage of Bill C-37, the Increasing Offenders' Accountability for Victims Act, Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act, and Bill C-43, the Faster Removal of Foreign Criminals Act.

We will continue working on these bills tomorrow.

Monday shall be the seventh allotted day, which goes to the New Democrats. This gives the official opposition one last opportunity before the new year to lay out its plans and schemes for a $21.5 billion job-killing carbon tax that will raise the price of everything.

For the rest of the week, I hope to advance a lot of legislation that continues to sit on the order paper. In addition to the bills I mentioned already, we will also consider Bill C-48, the technical tax amendments act, 2012; Bill S-8, the safe drinking water for first nations act; Bill S-2, the family homes on reserves and matrimonial interests or rights act; Bill S-6, the first nations elections act; Bill S-10, the prohibiting cluster munitions act; Bill C-49, the Canadian museum of history act; Bill C-17, the Air Canada and its associates act; and Bill S-7, the combating terrorism act, once that bill has been reported back from committee next week, which I anticipate.

Indian Act Amendment and Replacement Act

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, I am very pleased to have the privilege of talking about an issue as important as the one addressed in Bill C-428. I believe that this bill is important because it tackles the horrible Indian Act of 1876. There can be no doubt that this bill is one of Canada's most archaic colonial legacies. That is why I commend the member for Desnethé—Missinippi—Churchill River on his initiative. However, it is not enough. It is too little, too late. The Conservative government should consider a much farther-reaching rewrite of the Indian Act and a much more open process.

As a New Democrat, I believe that a complete overhaul of this cursed bill should be led by aboriginals. If the changes are imposed unilaterally, then what, really, has changed? That is why Bill C-428 seems inappropriate.

I will explain why this bill is not likely to go down in history. I do not claim to have a plan to make up for 136 years of colonialism, but I can say that ideally, new legislation should be drafted in collaboration with aboriginals, be introduced by the government and honour the goals of the UN Declaration on the Rights of Indigenous Peoples. Because Bill C-428 does not satisfy any of these conditions, I cannot support it.

I want to begin by pointing out that the goal of the 1876 act was the assimilation of all aboriginals and their forced integration into what was then a fledgling Canadian society. When I visit Manawan, people there are still speaking Atikamekw in 2012. In that respect, the act failed. It also includes many provisions that make life difficult for aboriginals. The government will have to do better than a private member's bill to fix it.

In 1969, the Liberal Party tried to get rid of the act in order to integrate aboriginals into Canadian society. That was supposed to happen without compensation, without special status, and with no respect for treaties signed in the past. As one, aboriginals rejected the idea, but that does not mean they wanted to keep the Indian Act. Quite the contrary.

In their red paper, aboriginals stated that it was neither possible nor desirable to abolish the Indian Act. They said that a review of the act was critical, but that it should not happen until treaty issues were resolved. Some 45 years later, that issue is still outstanding.

Other attempts were explored in this House. In 1987, a list was made of discriminatory provisions in the Indian Act, and this led to a bill. Later, in 2003, the Liberals introduced Bill C-7, which, once again, was heavily criticized by first nations. The Conservatives are now bringing forward Bill C-428, a private member's bill, which seems just as irrelevant as other attempts.

In the words of Einstein, “Insanity: doing the same thing over and over again and expecting different results.” In my opinion, this quote points to what is clearly lacking in Bill C-428: a different approach. Perhaps this flaw is the reason why there is very little support for the bill outside the Conservative caucus. The chief of the Assembly of First Nations, Shawn Atleo, said that this bill is along the same lines as the policy espoused in the 1969 white paper.

Had the Conservatives listened to Mr. Atleo, they would have understood that what to do with aboriginals is no longer the question. In the 21st century, the question is: what do aboriginals want to do with us?

Bill C-428, which the Assembly of First Nations has said came out of nowhere, does not reflect the current reality. During the Crown–First Nations Gathering, the Conservative Prime Minister spoke at length about how his government would work with the first nations.

Aboriginal peoples were not consulted about Bill C-428, or about Bill C-27 or Bill S-8. When the government promises something—and especially something so important—it must follow through. It is shameful to see that this government is not keeping its own promises.

Speaking of broken promises, the government committed to removing the residential school provisions from the Indian Act. We can see that the government preferred to hide the clause in a private member's bill. The NDP thinks that something so important should come from the government, and with apologies, no less. The government must take responsibility and come up with a real, serious solution to replace the Indian Act.

Bill C-428 contains some clauses that seem to be chosen at random, when they are not downright negative. For example, the elimination of the provisions dealing with wills and estates could put aboriginal people in a very frustrating legal void. Does the bill's sponsor understand its implications?

Finally, we must recognize that the living conditions of aboriginal people are getting worse all the time. While the first nations communities are experiencing an ongoing demographic boom, their social services budgets are increasing by only 2% a year, thanks to the Liberals. The fact that the social services budgets for other Canadians are increasing by 6% a year does not seem to bother the government at all.

Malnutrition and education problems are hitting first nations communities hard. I am afraid that the Prime Minister will have to do more than give a medal to Justin Bieber to make young aboriginals forget about this sad reality. When the government decides to really tackle the problems resulting from the Indian Act, I will be there.

Furthermore, I expect that the proposed measure will be very much in line with the United Nations Declaration on the Rights of Indigenous Peoples. This declaration, which Canada ignorantly refused to support, recognizes the specific needs of aboriginal people. It recognizes their right to be consulted about the use of resources on their land. Do we not owe at least that to those who played key roles in our history and the development of our economy?

If the government does not change its attitude toward the first nations, they will understand that the NDP is the only party that can offer them a truly open consultation process. We want to help them to govern themselves. Other Canadians need to know that the excellent social services they receive must also be provided to aboriginal people, in a spirit of sharing and recognition.

The Indian Act needs to be revised, but not without real consultation, clear objectives and a detailed plan of steps to follow. Unfortunately, Bill C-428 does not meet any of these criteria.

First Nations Financial Transparency Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is interesting that Canada's Auditor General has actually been talking, for a while now, about the excessive amount of paperwork in terms of first nations having to report. In fact, the Auditor General's office has been calling on the government to take action to reduce unnecessary first nation reporting requirements.

When we take a look at Bill S-8, which should have had a great deal of discussion prior to its introduction, or even its drafting, one could question whether or not the government is fair in saying that it will not increase reporting requirements. We know Bill S-8 is going to do nothing to address that particular issue of reduction.

I wonder if the member of Parliament would like to provide comment on that important issue, which the Auditor General has raised.

Committees of the House

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, very briefly, I am a bit dismayed that my colleague across the way seems to have missed the part that I said for emphasis about the concern that we have around the committee. He suggested in his last point about the moot nature of amendments coming from committees. Some of the committees were given one committee meeting to hear from a couple of witnesses, view all of the clauses of the bill that were proposed, somehow formulate those amendments in the committee, and then vet those amendments and pass them on. Some committees did in fact move amendments.

My point is that in the instruction that came from the finance committee, it says quite explicitly in section (c), “any amendments suggested by the other Standing Committees, in the recommendations conveyed pursuant to paragraph (b),” which was all of the sections before, “shall be deemed to be proposed during the clause-by-clause consideration of Bill C-45”. It is a committee instructing a whole set of other committees to move clauses that were then deemed to be accepted as if they were moved at that committee. Committees do not have the power to do this. Only the House of Commons can convey this power upon a committee.

I would argue that this has been a disaster from the start. Initially the government said it would not split any of the bill. Then it split off MP and senators' pensions. Then, by a mistake of the Liberals, it threw 450,000 public pensioners into that submission as well, which was then changed again. We created a whole new Bill C-46, which was then passed on through the Senate for royal recommendation.

The finance minister said we were not splitting the bill. Then we get to committee and they have this cockamamie motion that sends all sorts of instructions to other committees and asks them to move amendments to clauses of the bill that they were not given time to study, with a minimal number of witnesses, and then to move those amendments back to the committee as if they had existed there, as if somehow the House of Commons had instructed them to do that.

We gave the Conservatives that option. We gave them the option to move the bill through in a timely fashion. The member talks about some sort of congressional system in the U.S. where budget bills go to the eleventh hour. We gave the government assurance of a timeline. We gave it a section of the bill to be carved out and studied properly because that is the whole function of Parliament, to hold the government to account. The government refused it and said that instead we would have this system in which we endow the finance committee with far more powers than anyone ever imagined.

If this is allowed to go on, in the future we could then say that committees are allowed to take far greater instruction, to break all of the precedents that this place guides itself by and to start instructing amendments to come from different places, instructing committees to study bills whether they want to or not, and then that all comes back to one committee, which somehow has become powerful.

In terms of the last point, that every bill, every consideration of this place has to do with the economy and therefore the finance committee, under some perverse notion by the House leader of the government, would then have to study every bill brought forward. Of course that is not what we are talking about. It is appropriate for Bill S-8 to go to the Indian affairs committee. It is appropriate for bills that have something to do with the environment to go to the environment committee, which was our point from the beginning.

The problem with the omnibus bill is that it crowded together so many various issues, which Conservatives used to say was a bad idea when they were in opposition. Now suddenly they are in government and they think omnibus bills are the best thing and start to create the largest ones in Canadian history and jam everything together. It does not work. It does not allow Parliament to perform its function for the people that we represent.

Clearly, there is a great deal of detail and procedural orientation to this, but if the government House leader chooses to ignore the most fundamental and foundational point of this point of order, then he is choosing to be blind to the fact of what his government and the finance minister created when they made this mess of a monster omnibus bill.

Aboriginal Affairs

[Gerald Keddy, Conservative, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, I listened quite intently to the hon. member for Algoma—Manitoulin—Kapuskasing. To say I respectfully disagree with her assertions would be rather mild.

I would like to assure all members of the House that our government continues to improve the quality of life of aboriginal people with a robust and targeted approach to investments. Economic action plan 2012 contained $175 million for schools and $331 million for water infrastructure. That is significant funding aimed at improving the living conditions of aboriginal people in areas such as housing, water and education.

Our government recognizes that access to safe and affordable housing is essential for improving economic and social outcomes and for supporting healthy, sustainable first nation communities. Since 2006, Aboriginal Affairs and Northern Development Canada has allocated more than $1 billion to support first nations in meeting their housing needs. We will continue to work in partnership with first nations.

As I mentioned, economic action plan 2012 includes over $331 million over two years to build and renovate water infrastructure on reserve and to support the development of a long-term strategy to improve water quality in first nation communities. Last winter we introduced Bill S-8, the safe drinking water for first nations act, to ensure enforceable drinking water standards for first nations on reserve.

Just this past summer, our government announced funding for new water and waste-water infrastructure for several bands across Canada. Our combined investment in just two of these projects was close to $8 million. By 2014 our government will have invested approximately $3 billion in water and waste-water facilities in first nation communities. Any assertion that our government is not spending money in first nations communities is simply false.

I question the hon. member when she says that the mechanisms for delivering this money are somehow too burdensome or too cumbersome. What is wrong with having a system that ensures value for the taxpayer dollars being spent?

Our government supported the completion of 24 major projects. We have upgraded first nations water and waste-water systems. Overall, 402 major and minor first nation water and waste-water infrastructure projects will be supported this year. Another 139 capital projects are planned for 2012-13.

On top of that, we have an educational initiative for which we are spending $275 million, announced in budget 2012, which of course, the hon. member voted against. Education is at the heart of expanding opportunities for first nations people to fully participate in the economy. Education is crucial for success, as it provides a solid footing to expand the economic opportunities available to first nations people.

Any Canadian listening to this tonight can see that we are improving the lives of first nations communities through targeted investments. These examples are but a glimpse into the vast breadth of initiatives that have been undertaken by our government to improve the lives of aboriginal people by improving their living conditions.

Business of the House

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

Mr. Speaker, this afternoon, before we depart to our constituencies and events for Remembrance Day where most of us will be participating in remembrance services in our ridings, we will resume third reading debate on Bill C-28, the financial literacy leader act.

The week of November 19 will continue to see a lot of important action at the House committee level, where we are looking at the budget implementation act, Bill C-45, the jobs and growth act, as it advances through the legislative process. The finance committee is supported by 10 other committees looking at it and all together they will conclude the review of this very important bill and the very important job creation and economic measures that are laid out, measures that were first put before Parliament back in our March budget.

Meanwhile, on Monday the House will continue the third reading debate of Bill C-44, the helping families in need act, which we started this morning. Given support for the bill from all corners of the House, I hope it will pass that day so the Senate can pass it before the end of the year.

After Bill C-44, it is our intention to take up the report stage and third reading of Bill S-11, the safe food for Canadians act, which was reported back from the agriculture committee yesterday. I hope we will see strong interest in passing that bill quickly, just as we did for second reading.

Once that bill passes on Monday, the House will return to third reading of Bill C-28, the Financial Literacy Leader Act, if we do not finish the debate today.

That will be followed by second reading of Bill S-8, the Safe Drinking Water for First Nations Act. On Tuesday, Wednesday and Friday, the chamber will consider report stage and third reading of Bill C-27, the First Nations Financial Transparency Act, which was also reported back from committee yesterday.

I should also advise the House that on Tuesday when we return from the Remembrance Day week, immediately after question period I will call ways and means Motion No. 14 respecting some technical amendments to tax laws. Let me assure the House that there should be no doubt about this, but the opposition will no doubt be disappointed. This motion will definitely not implement the New Democrats' $21.5 billion job-killing carbon tax.

Finally, on Thursday before question period, the House will resume second reading debate of Bill S-8 and after question period we will take up Bill S-2, the family homes on reserves and matrimonial interests or rights act, also at second reading.

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

Mr. Speaker, while I do not know anything about a so-called deal that the NDP House leader talked about, I do know the Conservative Parliamentary Secretary to the Minister of Finance announced a process she was going to recommend to the finance committee to allow study of the bill, which I understand was adopted yesterday. It is a large bill, but it is not as large, of course, as the one that the Leader of the Opposition had when he was part of the cabinet in Quebec.

However, that being said, it is important that it be studied.

Consequently, as our government proposed, next week, 11 committees, including the finance committee, will study the important and necessary economic measures proposed in Bill C-45, the Jobs and Growth Act, 2012.

Yesterday, the finance committee got to work on this bill, not even 24 hours after the House passed it at second reading. This bill will implement key measures, like an extension of the small business hiring tax credit; and let me assure the House, it will definitely not implement the New Democrats' $21.5 billion, job-killing carbon tax.

Turning to business in the chamber, we will start second reading of Bill S-8, the Safe Drinking Water for First Nations Act, momentarily. I think it will be today.

Tomorrow, we will start report stage—and, ideally, third reading—of Bill C-24, the Canada–Panama Economic Growth and Prosperity Act.

As a former trade minister, I can tell you that the NDP is opposed to free trade. They have made that clear numerous times by dragging out debate, delaying and voting against free trade agreements here in the House. In fact, the hon. member for British Columbia Southern Interior outlined his party's position when he stated that “trade agreements threaten the very existence of our nation.” That is the NDP position.

We will continue debating free trade with Panama next week, on Tuesday and Wednesday. This bill will finally put into law our free trade agreement—an agreement which was signed here in Ottawa almost two-and-a-half years ago.

On Monday, we will resume the second reading debate on Bill S-9, the Nuclear Terrorism Act, before question period. Based on the speeches we heard the last time it was before the House, I hope that these two extra hours of debate will be sufficient for it to proceed to committee.

After question period on Monday, we will see Bill C-36, the Protecting Canada's Seniors Act to combat elder abuse, considered at report stage and, hopefully, third reading.

Also Monday will be the day designated, pursuant to Standing Order 66(2)(a), for resuming the adjourned debate on the seventh report of the Standing Committee on Government Operations and Estimates.

Finally, next Thursday, we will consider Bill C-44, the Helping Families in Need Act, which I understand was considered clause by clause at the human resources committee this morning. Given the unanimous endorsement the bill received at second reading, I hope it could pass and be sent to the other place before we rise for the constituency week.