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

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, shortly after the last federal election the leader of the Liberal Party introduced a motion through an opposition day dealing with the issue of clean drinking water.

I think most Canadians would be quite surprised to hear that there is a significant percentage of the population that does not have some of the basic necessities, such as going to the kitchen, turning on the water and being able to drink the water from the tap. Given the resources that Canada has as a nation, we could do a whole lot more.

Yes, we have legislation before us, but the real issue that needs to be addressed is working with our first nations.

Is it not time that we start looking at enabling our first nations and working with them to resolve these issues? Many of the drinking and bathing water issues that we talk about today could be met in two ways: first, provide the financial means to have those resources; and second, enable the first nation leadership to play a role in assisting and resolving a good portion of the problem.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, I find that question coming from a Liberal member ironic.

The Liberals were in power for 13 years before the current government and they did nothing at all. In fact, in the last century, the Liberal Party had been in power longer than any other party and the needs of first nations did not improve, thanks to that party.

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

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am honoured to rise in the House to speak to a very important bill and a very important issue for the people I represent in northern Manitoba. I am honoured to represent the people of Churchill. That includes 33 first nations, first nations that are diverse, young with tremendous energy and tremendous opportunity. However, immense challenges exist on these first nations. Nowhere is that challenge more evident than the lack of access to safe drinking water, water services and sewage services on first nations.

When the reference to third world conditions is made, it is made because of the lack of access to safe drinking water that exists on many first nations in northern Manitoba. I think of the Island Lake community, four first nations that are isolated on the east side of Lake Winnipeg. I think of St. Theresa Point, Garden Hill, Wasagamack and Red Sucker Lake. All of these communities are growing, like many first nations, at a high rate. There are a lot of young people and young families. Overcrowding and lack of housing are very serious issues.

However, what is evident in these communities is the impact of the lack of safe drinking water in terms of health outcomes, in terms of broader indicators of quality of life, in terms of the mortality rate that unfortunately among first nations remains lower than the Canadian average. That mortality rate is connected to a number of factors, but the fundamental lack of access to safe drinking water is key.

It is unacceptable that in the year 2013, in a country as wealthy as Canada, that first nations, simply because they are first nations, lack access to a basic right, the right of clean water and access to safe drinking water. They lack access to the kind of infrastructure that would ensure a healthier lifestyle in line with that which all Canadians enjoy.

While members from the governing party have spoken to the disastrous indicators, what they fail to speak to is their own failure to uphold their fiduciary obligation to first nations, their own failure to live up to the treaties, to respect aboriginal and treaty rights in ensuring that first nations, no matter where they are, have access to safe drinking water.

Instead of recognizing that failure and investing in the kind of infrastructure that is necessary, investing in the kind of training that is necessary for first nations to be able to provide access to safe drinking water, the government has chosen to uphold its pattern of imposing legislation on first nations. Not only has it imposed legislation in this case, Bill S-8, but it has done so without consultation, without recognizing the tremendous concerns that first nations have brought forward with respect to previous iterations of the bill. Fundamentally it is disrespecting its commitments under the treaties, under the UN Declaration on the Rights of Indigenous Peoples, which it signed. Even more reason for concern is the fact it is putting first nations in even greater danger than they are already in.

We know that Bill S-8 provides no funding to improve water systems on reserve. This is shameful because, given the rhetoric that we hear from the government about commitments to first nations, the reality is that when it comes to making a difference for safe drinking water, the need for investment in infrastructure and investment in capacity building is extremely serious.

I was there in February this year, but I remember being in Little Grand Rapids a couple of years back where the water treatment plant operator talked to us about how the chemicals he needed to be able to make sure that the water was safe for his community to drink were going to run out halfway through the year. I have spoken to water treatment plant operators who have talked about the lack of access to training programs so that they can improve their skills, so they can have the knowledge and skill set to be able to provide safe drinking water for their community members.

I have heard from water treatment plant operators, sewage treatment plant operators and leaders in communities who have expressed real concern about their inability, with the little they are given from this federal government, to provide what is a basic standard of living to their people. That onus falls entirely on the backs of the federal government.

Unfortunately, this is a result of years of neglect by the previous Liberal government, the imposition of the 2% cap that was halted, and has frozen in many cases, the kind of funding that is necessary for first nations to operate, and has been very much continued by the Conservative government.

We have seen that first nations that are continuing to grow, where their needs are continuing to grow, are turning to a federal government that is not only not prepared to make the investments in infrastructure, but is actually imposing its colonial agenda to boot.

We are very concerned in the NDP that on Bill S-8, like previous bills, Bill S-2, and so many others that impact first nations, Bill C-27, the government has insisted on shutting down debate on these very important bills, preventing members of Parliament from speaking out on behalf of their constituents who would be negatively impacted as a result of this legislation. We believe that by doing so, it is also silencing the voice of the first nations in this House.

This practice has unfortunately also been applied to committees where the facts have not been heard because of the government's attempt to muzzle those who oppose its agenda.

We in the NDP also stand in solidarity with first nations that have decried the government's continued pattern in which bills affecting first nations also include a clause, and we see it in Bill S-8, that gives the government the ability to derogate from aboriginal rights. The clause says, “Except to the extent necessary to ensure the safety of drinking water on first nations land”.

It is unconscionable that a federal government that is charged with a fiduciary obligation to first nations, that is there to honour the treaty relationships it is party to, would go so far as to derogate from aboriginal rights, to be able to break that very commitment it has to first nations. That is a failure on the part of the government. First nations have risen up against this failure, through the Idle No More movement, and through activism and leadership that first nations have consistently shown, saying that they are opposed to the government's agenda, and Bill S-8 is one of those reasons if we look at it clearly.

We are also very concerned about the pattern of unilaterally imposing legislation. We recognize that the AFN, the Assembly of Manitoba Chiefs, a series of representative organizations of first nations have been very clear in their opposition to Bill S-8.

The reality is that the government is trying to change the channel on its own failed rhetoric around accountability and transparency, words that it cannot take to heart, given the recent scandals that have emerged. The government is trying to change the channel and put the blame on first nations.

When it comes to something as serious as access to safe drinking water, there is no room for these kinds of political games. The government should stand up, and instead of changing the channel, instead of imposing legislation, instead of breaking its commitment under the treaties and disrespecting aboriginal rights, it should work with first nations in partnership to make the investments that are necessary and obvious to ensure that safe access to drinking water exists in first nations communities the way it exists in communities across the country.

For the people of Island Lake, for first nations across this country, for all Canadians, we deserve better from the government.

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

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, to begin, I would like to thank my colleague from Churchill for her wonderful speech and, above all, for her passion for her constituents. I know that she takes their rights and interests to heart. She demonstrates that day after day in the House.

The member spoke about the government's obligation to consult and accommodate aboriginal peoples, and I would like hear her say more about that.

Every time we raise the issue of fundamental aboriginal rights, as set out in the Constitution, it seems that the government has forgotten that aspect of its obligations. Each time, numerous aboriginal organizations, including the Assembly of First Nations, write to the government to complain about the lack of consultation and, in particular, the lack of accommodation. That obligation goes hand in hand with the obligation to consult.

I would like to hear more from the member on that because I know that the Assembly of First Nations, for one, has complained about it.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I would like to thank my colleague.

I would like to say that it is truly a privilege to be able to work with him. He is a leader among Canada's aboriginal people. I am proud that, together, we can promote the NDP's vision, which is very supportive of aboriginal peoples. We will stand firm and fearless in opposition to this government. We will oppose its agenda, which is colonial in nature and paternalistic towards first nations.

In answer to his question, I would like to quote the Assembly of First Nations. This text, which is only available in English, is about this bill and was submitted to the Senate committee.

Bill S-8, as part of an 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.

Not only is it against the duty to consult and not only is it against the Prime Minister's commitment to a new relationship during the Crown–First Nations Gathering; this bill also continues, unfortunately, a historical pattern of imposing a colonial view. As a piece of legislation on something as serious as safe drinking water, it is going to cause more damage, create the potential for tremendous liability and not actually live to up to any of the things that the government ought to be doing; in fact, it would further impoverish and marginalize first nations that need the federal government to act.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I want to commend the hon. member for Churchill, who gives her all every day defending aboriginal peoples, among others. She is the NDP caucus leader at the Standing Committee on the Status of Women. We just came from our review of Bill S-2, and she was able to share her vast knowledge on the subject.

Earlier, the hon. member talked about the importance of information. This concept was also raised this morning by the hon. member for Mississauga South. In her speech, she said that since we do not have enough trained people to do the work in the communities, such as installing sewers and water systems, which requires rather technical skills, we would train people there, either aboriginals or other people.

One of the challenges we are dealing with in the committee studying Bill S-2 has to do with money. People on site are being given responsibilities, but not the means to carry out those responsibilities.

I would like to hear what my colleague has to say about that.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I want to thank my colleague for raising such an important point.

I will begin by saying that I invite all the Conservative members, who are listening to me closely I am sure, to visit our region in northern Manitoba to see for themselves what it means not to have access to drinking water and related essential services. That is the reality for these first nation communities.

They did not ask for this. This government and the previous Liberal governments did not invest enough money in infrastructure and training. The Harper government continues to marginalize the first nations. This is a national disgrace and it must change.

It will change in future thanks to NDP leadership.

[The Acting Speaker, Bruce Stanton]

I would remind all hon. members not to refer to other hon. members in the House by their given names, but, rather, by their titles or ridings.

Resuming debate, the hon. member for Peace River.

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, it is a privilege for me to stand this afternoon and speak to Bill S-8.

I have the privilege of serving as the chair of the aboriginal affairs and northern development committee. I note, Mr. Speaker, that it is a role you undertook prior to your current position, and it is a privilege to succeed you in that role.

It has been a privilege to serve as chair amid the relationships that have developed across party lines, and I believe our committee has been able to undertake some good work. We have been able to do that in a way that respects not only the desire to bring different perspectives together but to move things forward. It has been a privilege for me to serve in this capacity, and I owe a debt of gratitude to all committee members of all parties who have worked together.

In the consultations and work we did in reviewing Bill S-8, that relationship was paramount, because we desired to hear from folks from different locations across the country. We desired to hear from first nations as well as experts, and from municipalities in addition to that. We desired to hear from people who could speak to the issue of drinking water on reserves specifically, and how we might move toward safe drinking water for all first nations communities and for all first nations people across the country.

There has been much said already about the bill, some of which I agree with and some of which I do not. However, this piece of legislation is enabling legislation. It will allow for regulations to be created to ensure that the water every first nation is using and providing to their local grassroots members is safe.

Clean, safe drinking water is something that we all, as Canadians, take for granted. Water in most municipalities and water systems is provincially regulated, and we know that the regulations that have been established do provide assurance of cleanliness and safety. However, this is not the case in first nations communities. I wanted to note that off the top.

One of the privileges that I have had as well is to serve with the member for Medicine Hat on these important issues. I will be sharing my time today with the member from Medicine Hat.

An important thing to note with regard to this legislation is that some people have asked for additional clarity or for provision of what the regulations would look like once they are done. We recognize as a government—and I think our minister and the minister before him have articulated it well—that it is important that we do not create, or try to create, a one-size-fits-all approach. First nations across the country were loud and clear that one size does not fit all. It never will and never has, for a number of reasons.

Number one, there are differences in our geography in terms of where water comes from, in terms of the number of people it serves and in terms of the technologies available.

There are also differences in what has been undertaken by different municipalities and different provinces. Often first nations communities depend on or collaborate with neighbouring municipalities, so if a set of regulations in one province is different from the regulations in another province, yet they both comply with their respective provincial regulations, then to try to manufacture a national, pan-Canadian regulation system would not take in the differences that we should all accommodate.

Just because there are different regulations does not mean there are different levels of water quality. Different regulations are often required because of different hydrology or different sources of water that local people are drawing from, as well as a result of the number of people who live in certain areas. A water system that serves 100 people or 25 people is vastly different from a water system that supports tens of thousands of people.

That is the reality in municipalities. It is also the reality in first nations communities. That is why an enabling piece of legislation would allow flexibility to work with first nations, to respond to their desires and hopes but also to the realities within their communities. I think we all want a system that will work and provide assurance for clean drinking water into the future.

Our government has invested significantly in providing clean drinking water. I can say that in my own constituency, we have seen significant amounts of money allocated toward water systems that provide water to first nation communities. In some cases, these water systems have been set up to be separate and only for first nation communities. In other cases, we have collaborative efforts that have been undertaken between first nations communities and neighbouring municipalities. The water systems that are built are different because the needs are different and because the water sources are different. However, I can say that with the money that has been leveraged into these systems, many first nations throughout my constituency are being better served with cleaner water and the assurance of that.

However, if we build these systems without regulations, we know that there is a possibility we cannot be assured that the people who are running these systems are trained to run them, and we heard testimony of that at committee. We heard again and again of the necessity of ensuring that for the water systems. All the money in the world could be spent on a water system, but if there is no one running it who knows how to do so, there is a chance that these systems will fall into disrepair, or as a result of either flooding or some type of change in the source water, there may be contamination or problems in terms of the water. Therefore, it is important that we have trained folks, and that is what regulations would set out. Obviously they would ensure that the people who should be running these systems are doing so.

As we look across this country, we see significant diversity. When we look at it region by region, we know we will have to be responsive not only to different realities in terms of population but also different realities in terms of the demographics, geography and distribution needs.

We have heard some concern from the members opposite that maybe people were not consulted to the extent they should have been. I can say we heard person after person come to our committee and say they had been consulted but they still had some desire to see things articulated in the regulations, which is the exciting thing about this undertaking. This process would continue to be a consultation. It would continue to work with first nations to build a regulatory regime that would work for them in their region.

We heard from first nations, some of which span between provinces where half the community is in one province and half in another. We heard from communities that live near urban centres and from some that are quite a distance from urban centres, from some that are in remote locations and from some that live where there is access to different technologies. However, the exciting thing about this process is that there would be a region-by-region recognition and implementation of different regulations.

This goes back to the fact that we are not a government that believes that a one-size-fits-all approach is the right approach. We recognize that, with more than 630 first nations, there is diversity of opinion in terms of what should work but also practical differences in terms of geography and demographics, and these things need to be addressed with regulation. This is why we believe strongly that working in collaboration with the jurisdictions in which these communities are located, whether that be provincial jurisdictions or municipalities, we can come up with a regulation that is uniquely tailored to the communities that these regulations are intended to serve. Rather than a one-size-fits-all approach, it would be a more customized approach to ensure that people who are living in first nations are well served by the regulation.

We know this is not a quick fix. We know it will take many years to ensure that all systems across this country are established to ensure everyone is receiving clean drinking water. However, we are well on our way, and this enabling legislation would ensure we continue to move in that direction.

[Mathieu Ravignat, NDP, Pontiac, QC]

Mr. Speaker, it was a great honour to meet with the Algonquin people in my riding after being elected.

There are two first nations in my riding, namely the Kitigan Zibi Algonquins and the Algonquins of Barriere Lake, or Rapid Lake. From the outset, they told me they faced a lot of challenges in regard to drinking water, especially tap water. At Kitigan Zibi, 60% of the people do not have drinkable tap water. In Barriere Lake, or Rapid Lake, the situation is even worse.

This country is witnessing a water crisis on first nations lands, and this problem will not be solved by half measures or goodwill. A thorough consultation is badly needed, but the Algonquin people in my riding told me they do not think they were consulted.

I appreciated my colleague's speech, but can he rise in the House today and honestly say that this bill will provide real solutions to this problem and the crisis affecting many of our aboriginal peoples in Canada?

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, I do sincerely believe that this legislation would lead to a lasting solution to the issues of challenges with clean drinking water in communities.

What the government was told during consultations for this bill is that first nations do not need and would be hindered by a one-size-fits-all approach across this country. Therefore, our government recognized that there needed to be a region-by-region approach. That is why this is enabling legislation. It does not spell out every aspect of every water system that would be placed in every community across this country. It says that there would be basic standards that would be upheld and that, through region-by-region local regulation, we would ensure every community has a regulatory system that works for it.

What we have heard is the hon. member saying that the necessity is still out there to engage first nations. Our government is saying that, through this legislation, we would be able to engage those first nations and address their concerns.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, there is no doubt that there is a legislative need out there. How the government ultimately brought this particular bill before the House is somewhat questionable in terms of what we hear from first nation leaders and the concerns they have expressed even in terms of the manner in which it was brought forward.

Having said that, the other side is also the need for financial resources. One of the member's colleagues spoke a little earlier stating that the government has allocated and spent $3 billion on improving the quality of water on reserve or in our rural communities.

The question I posed to her is the same question I pose to this member, which is this. If the government has spent $3 billion, can it provide to the House something that clearly shows where that $3 billion was spent? Was it on civil servants or on pipes? Where was the money actually spent?

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, I can tell the hon. member that the money was spent on water systems for first nation communities across this country.

We do know that the vast majority of that went into infrastructure. We know there is an infrastructure deficit across this country. Unfortunately, that was something our government inherited, something we take seriously. Therefore, we have implemented an aggressive strategy to build an infrastructure system to ensure there is clean drinking water.

When we build these systems we also have to have a regulatory regime to ensure that we address the people who are running these systems, the protocols in terms of drawing source water and a number of other aspects. I am not a water expert, but I understand there is a whole complex necessity for regulation to ensure clean drinking water. I think the Canadian taxpayer needs to be assured that the $3 billion that has been placed into infrastructure thus far would not be compromised by a lack of regulation.