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

[The Acting Speaker, Barry Devolin]

Resuming debate. The hon. member for Manicouagan has six minutes remaining.

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Mr. Speaker, I will continue my speech.

We were talking about the Canadian government's desire to distance itself from highly contentious issues, such as the provision of services to Canadians, and also matters pertaining to drinking water and the upgrading of drinking water infrastructure.

That is why these clauses have been added and why a trend is emerging from this initiative and many others as well. We see that it is fragmented. The Canadian government is trying to gradually distance itself from highly contentious issues on which the national and international media have shone a rather unfavourable spotlight.

However, first and foremost, with respect to the provision of services to Canadians, we have seen that the government's priorities are clearly focused on natural resource extraction. In keeping with what my hon. colleague said, the government is pandering to its political base. That is why there will be cherry-picking and certain issues will be given priority in the Conservatives' hidden agenda.

Now, with regard to Bill S-8, the government is adding phrases such as “to the extent necessary to ensure the safety of drinking water on First Nation lands”. This type of phrase opens the door to the unilateral violation of aboriginal rights. That is extremely shameful and questionable. We know that aboriginal, treaty and other rights exercised by aboriginal peoples in Canada are enshrined in the Constitution. The fiduciary relationship also comes into play. Simply put, a fiduciary relationship necessarily implies that the first nations' interests will be the Canadian government's primary concern when it introduces legislation or plans to impose unilateral measures, such as those before the House.

This is enshrined in the Constitution and has been reiterated by the courts, including the Supreme Court. Once the Supreme Court has taken a position on a specific case, it becomes immutable. In this case, the Supreme Court indicated that these obligations were associated with every initiative that could potentially interfere with the traditional and modern way of life of first nations peoples.

As a result, the moment the government considers or makes a decision, whether it is based on policy or what is actually happening on the ground, before doing anything to implement that decision, it must ensure that the decision does not in any way interfere with the traditional activities and way of life of Canada's aboriginal peoples. Therein lies the problem in most cases. The government is generally reluctant to hold consultations and seek public approval because it is a lot of work. What is more, we know that when public consultations are held, there is a good chance that people will not agree and that they will be fairly vocal about it. People will openly express their opinions. That is the concept behind direct democracy: the public is called upon to take a stand.

As the hon. member for Abitibi—Baie-James—Nunavik—Eeyou mentioned, when people are consulted, there is the possibility that they will not agree with what is being proposed. That is always one of the options that a person has. That person can simply say no and reject the measure that is being proposed, and that is a valid response.

Social acceptability often appears to be the desired outcome, because it confers prestige. This is not nearly as meaningful in 2013. It has been tarnished and taken over by industry. I would say that social acceptability is rather abstract and not something that ought to be pursued. It may well be that there is simply no acceptability and that people take a position against certain projects.

The Supreme Court clearly established that any infringement of aboriginal prerogatives must be seen in light of the methods preferred by aboriginal peoples to exercise their rights. It must also take into consideration the need to avoid any infringement of aboriginal rights to the greatest extent possible. There is nothing exhaustive about this list. I am just briefly listing a number of criteria. It also needs to include fair compensation in the event of expropriation and, lastly, it necessarily implies that there be consultations.

As I just mentioned, the issue of consultations is the sticking point in 2013. In the case of most, if not all of the statutes and legislative tools brought to my attention over the past two years I have sat in the House, the government has shown little desire to consult the aboriginal population in general.

The government seems content to have asked nine community leaders for their opinion. Turning to the 3,000 members of a community and being prepared to brave the storm is not exactly at the top of the Conservatives’ agenda in 2013. This is understandable, because public support is not necessarily in the cards. Some Conservative members have even been stopped from going into a Tim Hortons for a coffee in their own riding because the locals want to tear off their heads.

In short, the social and political conditions are not right for their policies, their approach and the directives coming from their backbench MPs.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I would like to thank my colleague from Manicouagan for his speech.

People always feel threatened by his razor-sharp mind. I found his perspective very interesting and would like to make a daring comparison. I hope he will forgive me.

As a result of my experience to date as a member of the Standing Committee on Finance, I have detected a general trend, which is not exclusive to the Conservative government, towards offloading more and more responsibilities on putative grounds of economic realism and the need for budget cuts. This means that such responsibilities are transferred to other levels of government that could be described as lower.

As I was listening to my colleague’s speech, I was thinking that this was clearly one of the consequences, and that it was probably based on similar considerations. I would like to know what he thinks of it.

Is the federal government generally attempting to shirk its responsibilities?

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Mr. Speaker, I thank my colleague for his question. I would go even further and say that they are trying to unburden themselves by shifting responsibility to organizations that are not accountable.

Often, the common thread binding some of these issues is that they are more or less contentious or controversial. That is why the government is attempting to distance itself and to cut ties to avoid being accountable for the negative impacts of its sometimes unreasonable decisions.

The most recent trend—which I have observed of late—is to transfer everything to NPOs or charitable organizations because it is rather difficult to point fingers at a charitable organization and say that it has made a hash of managing a project. By definition, an NPO is a non-profit organization.

In short, public policy implementation is now being delegated blindly. We need to condemn this approach.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I would like to comment on something else that my colleague discussed.

I would like to suggest the following, because it would be the most promising and productive avenue for the future. I am talking about dialogue, the exercise of democracy, discussions and negotiations.

The federal government has frequently failed to broaden a number of debates. There are other examples as well of contentious issues across Canada. Some such issues are settled with some groups at the expense of others, without getting the latter involved.

Because my colleague raised this issue, I would like to ask whether he believes that the preliminary negotiations and dialogue in connection with this bill have at least been adequate?

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Mr. speaker, I thank my colleague once again for his question.

I am going to support my own views with facts. Once again this morning in committee, we were talking about signing a treaty that would exclude a nation in British Columbia, specifically the Sto:lo. There is a dispute over salmon and land.

I would say that Machiavellianism is still alive and well here in Canada's Parliament. This is unfortunate, but true. Aboriginal communities have an oral tradition, and have had for tens of thousands of years; everything is based on brotherly exchanges and on “emulatory” principles in accordance with which people tell the truth.

In 2013, the Conservatives and other governments before them—the blame must be placed on a single organization—successfully worked to divide and ensure that aboriginal bands, Indian bands, had disparities and claims that would ultimately bring them into conflict with one another. This mutual dislike was nurtured because it is much more profitable for some people to work with certain bands as individuals rather than as a part of a whole. When I give my own presentations and travel to reserves, I say that the solution and the future of aboriginal peoples reside in unity and a return to the values and oral cultures with which we grew up.

That is what I wanted to submit to the House.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, I would like to talk about health.

Grand Chief David Harper clearly told the Senate committee in February 2011 that the lack of running water in more than 1,000 homes in northern Manitoba was a violation of the UN Declaration on the Rights of Indigenous Peoples. He explained that his people were living in third world conditions, that families in the Island Lake region of Manitoba had less water every day than people in refugee camps. People in the Island Lake region survive on just 10 litres, usually carried by family members in pails from local water pipes. Additional water comes untreated from lakes and rivers that tested positive for contamination.

I would like the House to know that Ecojustice issued a report card on water, and its lowest mark was awarded to the federal government.

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

Mr. Speaker, the national assessment identified 1.5% of homes on first nations lands as having no water service, and many of those homes are in Manitoba. In 2011-12, $5.5 million was allocated to the four Island Lake first nations. It was used to purchase and ship material for retrofitting up to 100 homes, six water trucks, seven sewage trucks and building material for garages. In addition to these projects, the funding is being used in 2012-13 for first nations to carry out retrofits and to build the garages for the water and sewage trucks.

The Canada economic action plan 2012 investment included $2 million for Bunibonibee first nation to develop a plan to address the service needs of homes in that community and to purchase materials to begin work to retrofit homes with plumbing.

Our government is listening and is working on this.

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

Mr. Speaker, I read Bill S-8. I can see that the regulation-making powers are extensive but without action to ensure that there is capacity in first nations communities, and there have been some expressions of concern from first nations, to make sure that there is money to make this work.

I cannot see anything wrong with Bill S-8 now that the egregious section that suggested that the bill might abrogate first nations treaty rights has been fixed. I accept that it has been fixed.

I am wondering if the hon. member knows if there is a larger plan and a commitment to funding to make the skeletal regulatory authorities in this bill result in clean water.

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

Mr. Speaker, the member opposite mentioned capacity and the ability to ensure that the water is clean.

Under the circuit rider training program, first nations operators receive ongoing on-site training and mentoring on how to operate their drinking water and waste water systems. Since 2006, AANDC has increased funding from approximately $5 million per year to approximately $10 million per year to hire more circuit rider trainers to ensure that the services are available to all first nations communities. There are currently approximately 65 circuit rider trainers working in first nations communities across the country.

Since the results of the national assessment of first nations water and waste water systems was released in July 2011, the percentage of first nations systems that have primary operators certified to the level of drinking water systems has increased from 51% to 60%. That is for 463 out of 771 systems. The percentage of waste water systems that have primary operators certified to the level of waste water systems has also increased, from 42% of operators to 54%, which is 280 out of 519 systems.

[James Rajotte, Conservative, Edmonton—Leduc, AB]

Mr. Speaker, it is my pleasure today to stand in this House and speak in support of Bill S-8, the safe drinking water for first nations act.

This proposed legislation is a key part of a collaborative, comprehensive plan to improve the quality of water available to first nation communities. The bill includes a mechanism to establish regulatory regimes to safeguard water quality. These regimes, typically under provincial law, exist in every community in this country, except first nation communities. While the primary goal of these regimes is to establish water treatment and water quality standards to protect the health and safety of Canadians, they also serve to protect the sizeable investments made in infrastructure, such as the treatment facilities and distribution networks that serve these communities.

Bill S-8 strives to ensure that first nations communities can access the same benefits that regulations afford other communities: safe drinking water, with efficient treatment and distribution facilities that function effectively throughout their entire operational life cycles.

To fully appreciate the importance of this bill, we must also understand the other parts of this plan, in particular the investments in infrastructure.

Our government continues to invest a significant amount of resources in the infrastructure needed to deliver safe drinking water to residents of first nation communities. In fact, between 2006 and 2013-14, our government will have invested approximately $3 billion. These investments are supporting first nations to fund a variety of projects, including installations of new systems, repairs to aging systems and the replacement of components. The projects have involved all aspects of water systems and waste water infrastructure, such as treatment facilities, pumping stations, storage tanks and piping networks. These investments are helping these communities meet their needs.

A closer look at a few of the projects supported by these investments demonstrates the very tangible impact they have on these communities and the people who live there. Let us consider the four first nations of St. Theresa Point, Wasagamack, Red Sucker Lake and Garden Hill in the Island Lake region of east-central Manitoba.

Providing safe drinking water has long been a challenge in this region, for several reasons. Until the late 1990s, diesel generators represented the only source of electricity in Island Lake communities. Local geography in the Island Lake region creates a second challenge. The community sits on the hard, mostly bare rock of the Canadian Shield, making it difficult and expensive to install and maintain pipes to distribute water to each home. A few homes have indoor plumbing and bathrooms, which are amenities that have to be added to take full advantage of an integrated water and waste water system. Addressing these challenges has required careful planning and considerable investments.

Since April 1, 2006, the government has made investments of $50 million to improve and maintain water and waste water systems in these communities. Major investments include over $26 million for a piped-water distribution and sewage collection system at Garden Hill, and nearly $10 million for a water treatment plant, two water trucks and a sewage truck at Red Sucker Lake.

Today, residents of the four first nations access drinking water through a hybrid system of pipes, cisterns, tanks, standpipes and a fleet of trucks. Work on these projects continues this year. To help the first nations plan and implement further improvements, the Government of Canada has also provided resources for feasibility studies.

According to Chief Alex McDougall of Wasagamack First Nation, the projects have had a dramatic impact on Island Lake communities. In his words, and I quote: “It means a healthier and cleaner environment, clean drinking water for the entire family.... This has been a true effort to work together, and that relationship needs to continue to be nurtured”.

Similar results are being achieved in dozens of first nation communities across Canada. Earlier this year, Marcel Colomb First Nation, located about 600 kilometres northwest of Island Lake, opened a new water treatment system, thanks to a Government of Canada investment of more than $8 million.

We are investing more than $2 million to support the design and construction of a pumphouse and water storage tank for Bouctouche First Nation in New Brunswick. An investment of a similar amount led to last year's completion of upgrades to a water treatment system that serves both the Gitanmaax Band and the village of Hazelton. These two communities in northwest British Columbia have a long history of co-operation and share a number of services, including water storage and distribution and waste disposal.

The last project I will mention today involves Wasauksing First Nation, located near Parry Sound, Ontario. Thanks in part to a government investment of more than $16 million, this first nation has a new water treatment system that takes into account local geography and hydrology.

The system includes a new intake and low-lift pumping station, a slow sand filtration system treatment plant, an elevated water reservoir and a delivery truck and heated garage. The project created 15 temporary jobs for members of the first nation and three full-time permanent positions for two plant operators and one driver.

These are just a few of the numerous first nations drinking water and waste water projects our government has supported over the last seven years. The project's aim is to improve the health and safety of community residents. To ensure that these systems can continuously produce safe drinking water, they must be supported by regulatory regimes that stipulate quality standards and treatment protocols. Until an appropriate accountability mechanism is in place, investments in water infrastructure will remain at risk. Bill S-8 proposes to establish these necessary accountability mechanisms.

Bill S-8 is an important part of a larger comprehensive strategy, built on three pillars, to improve the quality of drinking water in first nation communities. Along with the establishment of regulations and ongoing investments in infrastructure, the strategy calls for improvements in the training and certification of the men and women who operate first nations' water systems.

Our government invests approximately $10 million annually to train and certify these operators. In the last year alone, the number of certified operators of water and waste water facilities has increased by 10%. This is significantly increasing the water quality enjoyed by first nations across the country and is decreasing the risks associated with these water systems. This is in addition to funding the maintenance and operation of some 1,200 on-reserve water and waste water systems.

Our government will continue to make these investments so that residents of first nations communities can access safe, clean drinking water. Nevertheless, without the support of regulatory regimes, these investments and the health and safety of thousands of Canadians living on reserve will remain at risk. The regulations stemming from Bill S-8 will provide residents of first nation communities with the same level of confidence as other Canadians when it comes to their own drinking water.

I therefore ask all hon. colleagues on both sides of the House to stand up for first nations and those communities across the country and to join me in supporting this piece of legislation.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I just want to pick up on the member's last comment on standing up for first nations in support of the legislation.

There is a great deal of concern among many of our first nations leaders that quite often the government has made the decision to bring in legislation without working hand-in-hand with them. We have had court rulings that have made it very clear to the government that it has an obligation to work with our first nations before it brings in legislation. There is a sense that the government has not been co-operative in working in consultation prior to bringing in legislation.

The specific piece of legislation before us dealing with safe water is something that is really important to our first nations communities. It is not only legislation. It is also having the resources necessary to make it happen.

I have heard a number of Conservative members talk about the $3 billion the government has invested. Can the member provide us with a clear indication of where that $3 billion has actually been spent?

[James Rajotte, Conservative, Edmonton—Leduc, AB]

Mr. Speaker, the first part of the member's question dealt with consultation. He is correct in the sense that the government obviously has a duty to consult. To respond to him on that point, since 2006, there have been expert panel public hearings held across Canada. They heard from over 110 presenters and received more than two dozen submissions. There was a series of engagement sessions held with first nations communities in February and March 2009. There were 700 participants, of which 544 were first nations. In the fall and winter of 2009-10, government officials met with first nations chiefs and organizations to discuss specific regional issues raised during the engagement sessions. From October 2010 to October 2011, there were discussions held with first nations organizations to deal with this as well.

His own party, and the former leader of the party, introduced a motion in the House to address the urgency with respect to water quality for first nations communities and those residents. That is exactly why the government is acting on this.

With respect to the $3 billion in investments between 2006 and 2013 the member referenced, during my speech I mentioned a number of the communities that have received very specific investments. One community received $10 million. The Bouctouche First Nation in New Brunswick received $2 million. The Wasauksing First Nation, located near Parry Sound, received $16 million. There are very specific investments across the country. I referenced the--

[The Acting Speaker, Barry Devolin]

Order. I would ask all hon. members to pay attention to the Chair when they are answering, for a signal that their time is drawing to a close. Questions and comments. The hon. member for Halifax.