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.

Safe Drinking Water for First Nations Act

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Mr. Speaker, I appreciate the comments from the member. I find them kind of fanciful right now. She did spend considerable time with the previous Liberal government when they were in power. In 13 years, they settled somewhere around 8 treaties.

This government has settled over 80 treaties since 2006. It certainly says something about the focus of our government. Something else that says it clearly is that since 2006, we have built over 30 new schools for aboriginals, renovated over 200 schools, built over 10,000 homes and renovated thousands more. We have invested in safe drinking water. The Liberals left around 300 reserves without safe drinking water when we took over in 2006. We have increased funding for child and family services by 25%. We have delivered on our promise for accountability and transparency in reserves. We have invested in over 700 projects that are linked to aboriginals and spent over $10 billion per year in 34 departments.

Very clearly, the Liberals did absolutely zero during their time in office. They did zip. They did nada. I wonder what excuse she is using to suggest that we need to do more, even though we have done ten times more as far as treaty claims go, and in half the time.

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

Mr. Speaker, I find it a bit rich that the member can stand up with the talking points on treaties and schools, when we are talking about getting safe drinking water to the first nations.

I want to see a plan. I want to see what, by when and how. Why can the government not let us know when 100% of first nations homes and communities will have access to safe drinking water?

The government tore up the Kelowna accord. They had $5.1 billion there, including a first nations-led approach to infrastructure and waste water. They tore up that money and the money for education and used it in other places when it had been promised by the provinces, territories and first nations Inuit-Metis leadership. If that Kelowna accord had gone forward, we would not be in the situation we are in today.

[Ray Boughen, Conservative, Palliser, SK]

Mr. Speaker, I will be sharing my time with my colleague from Mississauga.

Before I get into my remarks, I had better take a minute to help my hon. colleague across the floor, because unfortunately, she has the facts all fouled up. There are no facts in what she is talking about.

Let us take a minute to look at the time frame. There was a comment made that nothing has been done on this file for years and years. The truth of the matter is that the file became very active in the summer of 2006. We are now in 2013. I respectfully suggest that there has been a fair time frame between 2006 and 2013.

From February to March 2009, there was a series of engagement sessions with first nations communities to look at their problems and at anticipated solutions. In the fall and winter of 2009-10, government officials met with first nations chiefs to discuss their needs with respect to water and waste water on their reserves. From October 2010 to October 2011, without prejudice, first nations organizations addressed various concerns about water.

I mention water, because the hon. member across the way seemed to think that we did not do anything with this file, and nothing could be further from the truth.

There was also mention of there being no funding. Let us look at that for a minute.The government has committed $330.8 million over two years through economic action plan 2012. That plan runs, as members know, into 2013, as well. Therefore, there is indeed money for this project.

As we go further into 2014, the Government of Canada will have invested $3 billion to support delivery of drinking water and waste water for first nations. I respectfully submit for members that this is a sizable piece of change. Obviously, the government is taking water and waste water very seriously.

I stand today to declare my support for Bill S-8, the safe drinking water for first nations act. The proposed legislation would lead to further progress on the remarkable collaborative effort that has been under way for more than seven years to improve safe drinking water in first nations communities.

As the members of the House recognize, although considerable progress has been made to date, much work remains to be done to ensure that the residents of first nations communities have access to safe, clean and reliable drinking water. I am convinced that the key to safeguarding drinking water is to develop regulations using the same type of collaborative approach that has produced so much progress in recent years.

In 2006, the Government of Canada and the Assembly of First Nations agreed to a joint plan of action for first nations' drinking water. At that time, the parties committed to five specific action plans. They are, in no particular order, but all of them important, the following: implementing a clear protocol on water standards; ensuring that water systems operators are properly trained; making immediate fixes to water systems in 21 priority communities; establishing an expert panel to identify options for an effective regulatory regime for drinking water in first nations communities; and issuing regular updates on progress made through the plan of action. This collaborative plan inspired significant results and led to a further commitment of funds in an increased effort to make tangible, long-term progress.

For example, thanks to the government's ongoing investment in the circuit rider training program, the number of trained and certified operators, between 2010 and 2012, increased from 51% to 60%. First nations' drinking water systems have enjoyed this increased certification. For first nations' waste water systems, the number has risen from 42% to 54%.

The expert panel created under the plan of action staged a series of town hall sessions across Canada and identified three legislative options. We are talking about water and waste water, and as members in the House here this afternoon are aware, the focus is very much on targets.

One of these options, the delivery of regulations on a region-by-region basis, forms the basis of the legislative situation now before us. To improve the original version of that option, the Government of Canada has published a discussion paper and has met with representatives of first nations groups.

The government has been accused of not consulting, but here we are, a year later, after holding a series of 13 engagement sessions and hearing from more than 500 members of first nations. Throughout these sessions, the participants agreed on the urgent need to address health, safety and environmental concerns related to drinking water in first nations communities.

In 2010, the Government of Canada introduced a different version of Bill S-8, which died on the order paper at the dissolution of Parliament in March 2011.

I respectfully submit that the government has indeed paid close attention to waste water and water management on reserves. It has supplied dollars for the development of the programs. It has supplied training for the development of the programs. It has put in action a plan that ensures that the government has made a commitment to first nations for water and waste water, and it will continue that commitment over a period of years until all first nations communities have the same water and waste water as all the rest of Canada.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, it is quite interesting that in the debate we have had, what has emerged is that the federal Conservative government is not providing adequate funding for infrastructure to ensure that we have safe drinking water in first nations communities. That is the real debate.

The fact is that the Conservative government is wholly inadequate in its funding of first nations to ensure that we have safe drinking water. We have had a number of comments from the opposition.

The Conservatives have quickly realized the weakness of the legislation they have brought forward, which is that they are not attaching funding and are not providing for infrastructure. That is why they have moved closure. The Conservatives suddenly understand that in a debate in the House, with Canadians watching from coast to coast to coast, they are going to lose the debate, because they have not put their money where their mouths are. It is all well and good to say that first nations communities have to have safe drinking water, but they need to provide the funding and the infrastructure.

Why have the Conservatives not done this? Why have they failed first nations yet again?

[Ray Boughen, Conservative, Palliser, SK]

Mr. Speaker, I enjoyed my colleague's comments. They were rather amusing.

He suggested that nothing has been done. Let me reiterate that there is $330.8 million over two years, a dedicated plan to deal with contaminated water and waste water and another plan to deal with potable water, all in partnership with the first nations.

Speaking of consultation, there have been seven years of consultation with first nations people designed to help facilitate their initial water plan program and then add to it. The basic design gives them a chance to look at it, and it gives them a chance to expand it and make it their own. It is not one-size-fits-all. Each will be developed according to their own requirements.

[Greg Rickford, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I want to thank this member for his important contributions to all the work we have been doing, particularly with respect to this piece of legislation.

What we just heard from the uninformed member across the way is the NDP's stand-pat solution to every problem: If in doubt, spend. Spend money on things without the critical pieces of the rest of the puzzle, such as training, such as actually taking the time to assess the amount of certification that is lacking in first nations communities across the country and to make those investments.

The circuit rider program, Northern Waterworks, and Confederation College are ensuring that we have certified workers to actually operate that kind of infrastructure before the infrastructure comes.

Can the member comment on the necessity of this legislation, in keeping with the other two pillars, which are capacity—reporting, monitoring and maintenance—and infrastructure? It is sort of a dialectical way of thinking about and developing policy.

[Ray Boughen, Conservative, Palliser, SK]

Mr. Speaker, as I said earlier, the plan is in place. There have been six or seven years of consultation. Not all reserves will fit into the plan, so the plan will be modified to fit the reserve. That is a very important point.

As my colleague said, training programs have been offered to people to learn how to handle waste water and potable water. Those programs are in place and working as we speak.

I do not know what my colleague was referring to when he said that nothing was in place. Everything is in place, and it is all working.

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, it is my pleasure to speak to the House about Bill S-8, the safe drinking water for first nations act, a piece of legislation that deserves the full support of this House.

The proposed legislation is a crucial component of an integrated plan to resolve an issue that has persisted for far too many years and that threatens the health of tens of thousands of Canadians. Until regulations and standards are in place, the safety and quality of the water in first nations communities will remain at risk, posing a significant health risk.

I call on the opposition to stop stalling and to vote in support of this important legislation.

The long-term plan to improve the quality of drinking water in first nations communities is based on three pillars: capacity-building and operator training; investments in water and waste water infrastructure; and enforceable standards and protocols, which would be this legislation. Each of these pillars is designed to contribute in a specific way to the larger goal, which is access to safe drinking water for all first nations communities.

Improving operator training and community capacity is a case in point. One of the key problems identified in several studies on drinking water in first nations communities was the lack of capacity to operate and maintain water and waste water treatment facilities. In many case, there are simply not enough trained operators available to keep facilities running properly. Without trained and certified operators, any water system, regardless of where it is located, is unlikely to produce safe drinking water over the long term. The challenge is even greater when the system is in a remote part of the country, as so many first nations communities are. It is notoriously difficult to attract qualified workers and to retain them in these remote communities. This is true for a wide range of occupations. The remoteness of a community also contributes to delays in obtaining supplies, replacement parts and qualified repair technicians, which in turn can cause the system components to wear out more quickly.

The best way to address these challenges is to train and employ community residents, because they have a personal stake in ensuring the availability of safe, clean and reliable drinking water in their own communities. This is precisely what the circuit rider training program does.

Under this highly successful program, trainers travel to first nations communities and provide system operators with on-site, hands-on training on how to operate, maintain and monitor water and waste water systems. To increase the number of trained and certified operators, our government invests approximately $10 million each year in this program. Thanks to the circuit rider training program, there are now more trained and certified system operators than ever before.

In 2011, the national assessment determined that operators with the appropriate level of certification managed only 51% of first nations' water systems and 42% of first nations' waste water systems. One year later, annual performance inspections of the same systems concluded that these numbers had increased to 60% and 54% respectively.

Obviously, systems operated by properly trained and certified staff are more likely to consistently produce safe drinking water.

Less obvious, perhaps, are two other important benefits. First, properly trained operators are better able to ensure that facilities function effectively throughout their expected service life, maximizing the value of the infrastructure investments. Another benefit is that trained and certified operators will be better able to ensure that their systems can meet future regulatory standards.

Even the best qualified operators would struggle to consistently produce safe drinking water if they had to work with outdated or unserviceable equipment. That is why investments in water system infrastructure represent the second pillar in the Government of Canada's strategy to improve the quality of drinking water in first nations communities. Between 2006 and 2014, our government will have invested approximately $3 billion in water and waste water infrastructure in first nations communities. Economic action plan 2012 included more than $330 million over two years to build and renovate water and waste water infrastructure.

In this 2012-13 fiscal year alone, this investment supported some 286 major water and waste water infrastructure projects in first nation communities across the country. The government would continue to provide funding so that first nations could improve the quality of their water system infrastructure.

To get the full value of infrastructure investments, however, water systems must also be supported by enforceable regulations. That is what we are talking about today. These regulations would specify treatment standards, testing protocols, allowable levels of contaminants and all of the other factors that help define safe drinking water.

Regulations would foster accountability and provide community residents with the assurance they need to trust the water that comes out of their tap. Delivering safe drinking water on a consistent basis would require a chain of interventions: sources must be protected, for instance; and water must be filtered, treated and tested. Although these processes may vary, based upon the quality of the source water and the size of the distribution network, they must all be solid. Also, like all chains, the one that safeguards drinking water is only as strong as its weakest link.

Regulations would represent a key component of the overall process. They would specify science-based standards for quality testing, treatment protocols and other factors. Regulations would also assign responsibility for specific tasks. The organizations, such as municipal utilities, that supply water to the public must abide by these regulations.

Without regulations, there could be no assurance of the safety of drinking water in first nation communities. Regulations would provide the overarching framework of a drinking water system and guide the efforts of everyone involved in the system.

Bill S-8 would include a mechanism to establish regulatory regimes concerning the drinking water systems in first nation communities. This it the third pillar of the plan. The regimes would include rigorous standards and protocols and promote the accountability necessary to ensure that first nation communities have access to safe, clean and reliable drinking water.

To develop regulations, the legislation calls for a collaborative, region-by-region approach. In each region, first nations, the Government of Canada and other stakeholder groups would, together, design a regulatory regime tailored to local circumstances. The regulations used in nearby communities, such as provincial regimes, would serve as valuable guidelines.

I believe there is a tremendous value in this approach, because existing regulations are typically informed by the real-world challenges of producing water in a particular part of the country—challenges such as geography, weather and the quality and availability of water sources.

All three pillars must be in place to ensure that residents of first nation communities can access safe drinking water on a consistent and reliable basis. Operators must be properly trained; facilities must be functional; and standards, guidelines and protocols must be backed by regulations that must be in place.

Considerable progress has been made on all of these during the past seven years. The legislation now before us would support further progress.

Bill S-8 would be an essential part of a sensible, practical and balanced plan to improve the quality of drinking water and protect the long-term health of tens of thousands of Canadians.

Currently, laws are in place to protect the safety of drinking water accessed by every other Canadian, except for those living on reserve.

I call upon the opposition to stand up for first nations across this country and support Bill S-8.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, it is rather incredible for my colleague from Mississauga South to say that opposition members, including NDP members, must stand up in the house for the well-being of the first nations.

She knows, and she mentioned it in her speech, that the Conservative government has only invested $330 million over two years to fix the water supply problem. A study commissioned by the government found that a $5-billion investment over 10 years is needed, including $1.2 billion immediately. Throwing $330 million at the problem is not enough to provide first nations with a safe drinking water supply.

My question is for my Conservative colleague. When will the Conservative government stop treating first nations like second-class citizens?

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, I am afraid the member opposite may not have heard all of my comments.

The $330 million committed was simply over two years, and that was in budget 2012.

Between 2006 and 2014, the Government of Canada will have invested approximately three billion—that is billion with a B—dollars to support delivery of drinking water and waste water systems in first nations.

While there is no mention of funding in this legislation, that is simply because this is enabling legislation. It is about the regulations ensuring that those Canadians who live on first nations have access to the same standards that the rest of us Canadians know we can rely on for safe drinking water every day.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would like to pick up on the member's comments when she said $3 billion. She emphasized the letter B as opposed to M, meaning $3 billion.

She said that the money has been spent in a very short time frame of a few years. I am sure Canadians, in particular our first nations, would want to know exactly where that $3 billion has been spent. Is there a list of specific projects? Has it gone in the form of bureaucracy? How has that $3 billion actually been disbursed over the last few years?

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, that is an excellent question because it gives me an opportunity to say that the priority of this government is for that $3 billion to go into training and infrastructure. I mentioned the circuit rider training program in my remarks. This is so that operators on first nations can be trained to do what is necessary because, as we have found, if operators are trained elsewhere or come from off site, when they come to the reserve and try to fit in, it often does not work as well as if someone from the first nation community actually learns about the process and is able to do it himself or herself. Those are the kinds of investments we are making.

I also talked about the 286 projects that are planned for 2013. These are new plans. I wish that the member had been at the Standing Committee on Aboriginal Affairs and Northern Development when the Canadian Bar Association talked about the fact that funding was needed for this. In my question to the witness from the CBA I was able to outline, because I happened to have the numbers right in front of me, all of the funding that has gone into this topic for the last seven years. I am so proud of what this government has done to support clean water on first nations reserves.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, it is a pleasure to rise in the House today. For the second time in two days we will be addressing first nations issues. I would like to advise the Speaker that I will be sharing my time.

Today I am speaking with the help of the MP for Nanaimo—Cowichan, who has done a tremendous amount of work on the first nations file. It almost seems to me that she does more work for the first nations than the entire Conservative caucus put together.

The regulations the government wants to impose may incorporate by reference provincial regulations governing drinking and waste water in first nations communities. However, the expert panel on safe drinking water for first nations expressed concern about using provincial regulations, since that would result in a patchwork of regulations, leading to some first nations having more stringent standards than others.

These regulations would overrule any laws or by-laws made by first nations and limit the liability of the government for certain acts or omissions that occur in the performance of its duties under regulations.

New Democrats want to see safe, clean water and water systems that work for first nations 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 the systems up to new standards.

First nations oppose the act because of the new liability provisions for first nations governments and the language around the non-derogation clause that is formulated to possibly be a first step to erode the constitutionally protected rights.

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. Bill S-8 is the second legislative initiative to address safe drinking water on reserve. Its predecessor, Bill S-11, did not proceed to third reading as a result of widespread concerns and subsequently died on the order paper when Parliament was dissolved on March 26, 2011.

Bill S-8 retains several of the features of former Bill S-11, particularly in 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 water and waste water.

The text of the bill would not, on its face, adequately address the needs of first nations to build capacity to develop and administer appropriate laws for the regulation of water and waste water systems on first nations lands.

New Democrats agree that the poor standards of water systems in first nations communities are hampering people's health and well-being. They are also 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 give them the ability to build new ones more appropriate to their needs.

In addition, although there is a slight wording change, there is a clause in this legislation that would give the government the ability to derogate from aboriginal rights.

A provincial regime of regulations would not do enough to protect first nations communities. The patchwork system of provincial laws was rejected by the government's own expert panel on safe drinking water for first nations. We need a national regulatory system.

Regulations alone will not help first nations people to develop and maintain safe on-reserve water systems. They need crucial investments in human resources and physical infrastructure, including drinking water and sewage systems and adequate housing.

This is not a difficult problem to solve. It just requires political will and adequate investment.

The Assembly of First Nations submitted the following to the Senate committee:

Bill S-8, as part of ongoing process started with Bill S-11 prior to the CFNG, continues a pattern of unilaterally imposed legislation and does not meet the standards of joint development and clear recognition of First Nation jurisdiction. The engagement of some First Nations and the modest changes made to the Bill do not respond to the commitment to mutual respect and partnership envisioned by the CFNG.

The AFN also passed resolution no. 58/210 at its special chiefs assembly in December 2010 calling on the government to: ensure appropriate funds were available for any regulations implemented; support first nations in developing their own water management system; and work collaboratively with the AFN in developing an immediate plan on the lack of clean drinking water.

This resolution also puts the government on notice that the AFN expects any new water legislation to comply with first nations constitutionally protected and inherent treaty and aboriginal rights, the U.N. Declaration on the Rights of Indigenous People and the report of the expert panel on safe drinking water for first nations.

Chiefs of Ontario, the Nishnawbe Aski Nation, the Assembly of Manitoba Chiefs and Treaty 7 nations in Alberta have signalled continued concerns with the proposed legislation, citing, among other things, the need to address infrastructure and capacity issues before introducing federal regulations.

In 2007, Dr. Harry Swain, chair of the expert panel on safe drinking water for first nations, told the Senate committee on aboriginal peoples that:

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 expert panel on safe drinking water for first nations argued that “Regulation alone will not be effective in ensuring safe drinking water unless the other requirements...are met...both human resources and physical assets”.

In 2011, Aboriginal Affairs and Northern Development Canada released its “National Assessment of First Nations Water and Wastewater Systems--Ontario Regional Roll-Up Report”. The results show that 1,880 first nations homes are reported to have no water service and 1,777 homes are reported to have no waste water service.

In 2011, the Aboriginal Affairs and Northern Development Canada commissioned an independent assessment on first nations water and waste water systems. The report clearly states that a significant financial commitment to infrastructure development will be necessary. It will cost $4.7 billion over 10 years to ensure that the needs of first nations communities in water and waste water systems are met. Instead, the Conservatives committed only $330 million over two years in 2010 and nothing in 2011.

I would just remind members of the House that most of us take for granted the fact that we own homes. When we are not in our riding we either live in a hotel or have an apartment. Every day, if we need a drink of water, we just turn on the tap. We take it for granted. Some first nations communities just cannot do that. We had a fine example of that lately in Montreal when there was a boil water advisory. People were shocked that they had to boil their water. All we have to do is think about the first nations that have to do that day in, day out every day of the year and have done so for years.

[Greg Rickford, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, what an interesting metaphor, to turn on the tap.

We heard from the member for Burnaby—New Westminster what he and his party's policy solutions were, and that was, if in doubt, spend. Now that member has brought a new dimension to the debate.

In his speech he said that we should have a national regulatory framework, the same across the board. Somebody who has lived in isolated remote first nations communities in northern Ontario, where the member is from, knows that the landscape is much different there than British Columbia or the Arctic.

How can we establish those national frameworks when the instruments for measurement and for water treatment will be markedly different from one jurisdiction to another? Could he answer that question, or is he like the leader of the Liberal Party, just in over his head on this one?

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, I guess I was right when I said that the member from British Columbia and her staff had done more for first nations than the entire Conservative caucus put together, and the member just proved the point.

When I was talking about turning on the tap, I was referring to him, his home, his hotel or apartment. When he wants safe drinking water, all he has to do is turn on the tap. Unfortunately, because of the Conservative government, first nations cannot turn on a tap, and that goes on for days and decades. Unfortunately, the Conservative government has done nothing to solve the problem.