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

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, I want to read a quick piece from the member's minister. I think this is testimony from the committee.

He said:

You may recall that one of the key findings of the national assessment of first nations water and waste water systems was that the majority of the risk identified in high-risk systems relates to the issue of capacity, with only 30% relating to design risk and infrastructure issues.

If the question is really of capacity, why is the government not putting forward something to deal with capacity, actually investing in people while they invest in the infrastructure?

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

Mr. Speaker, in terms of capacity, my colleague from Renfrew—Nipissing—Pembroke mentioned the circuit rider training program. I think this is an excellent program that members on both sides can certainly support.

The government invested in the development and implementation of a remote watering system, for instance, in my own province of Alberta. The total cost for this initiative was $4.3 million. It was in direct response to a number of recurring issues that have been identified by the circuit rider trainers.

It is a very specific example with respect to capacity to ensure that these changes were going to be made both in terms of regulation, but also in terms of investments. They can make a real difference in terms of the impacts for people who live in first nations communities.

[Kyle Seeback, Conservative, Brampton West, ON]

Mr. Speaker, I am happy to speak to Bill S-8 today. I will be sharing my time with the member for Calgary Centre.

I am a member of the Standing Committee on Aboriginal Affairs, so I am very familiar with this legislation. It is important legislation, necessary legislation, and legislation that I am proud to stand here and support.

One of the things that often gets lost in this debate, and I have heard over and over again at committee, is the misunderstanding of what this legislation actually is designed to do. We often hear from members on the opposite side of the House who say that the bill does not do this or does not do that.

It is not designed to be a panacea. It is not designed to solve every single problem. It is designed to solve one specific issue that was raised by the expert panel, and that is the need for regulations to set safe drinking water standards. The panel recommended other things as well, but that was one of the key issues that the experts said needed to be moved forward. That is why this legislation is so important. It would give the authority to enact regulations to ensure we have standards consistent to allow for safe drinking water. Safe drinking water is important, and we know that. It is a huge issue.

The issues that we have with first nations communities are varied and many. We have geographical challenges and different circumstances. They are complex. We have to find ways to filter water to remove contaminants, and we have to find ways to deal with waste water.

A lot of these issues are faced by non-aboriginal communities across Canada, and what is the number one tool that they will use to ensure that they have safe drinking water? It is a system of regulation that is designed to ensure that treated water is up to certain standards, and that is why this legislation is so important. Right now, there are no legally enforceable standards to regulate both water and waste water on most first nations communities. There are some self-governing first nations that do, and they have established and enforced water quality regimes, but they are the exception and not the rule. Bill S-8 would help to turn that exception into the rule.

People have come to the committee and said that the legislation could do this or that, and it might transfer some liability to first nations. I remind them that is because this is enabling legislation. The legislation does not say “it shall” do this or that. What it says is, here is a list of things that may end up being regulated. It would give the authority to engage in a comprehensive discussion with first nations communities with respect to regulations that need to be in place to suit each community. We always have to remember that this is enabling legislation.

We have a strategy on safe drinking water, and there are three pillars: continuing investments in water and waste water infrastructure, developing enforceable standards and protocols, and enhancing capacity building and operator training. We just heard the member for Winnipeg North ask a question about capacity. Of course, we have invested a significant amount in capacity through the circuit rider training program, which is a fantastic program that is making big differences.

When we talk about some of the issues surrounding capacity, we can say that seven years ago only a small minority of first nations had water systems that had trained and certified operators. There were very few. The progress is clear. By 2011, the national assessment found that operators with the appropriate level of certification managed 51% of first nations water systems and 42% of first nations waste water systems. Therefore, we have gone from a few to 51% and 42%. That is a significant increase.

A year later, annual performance inspections of the same systems had determined that these percentages had increased to 60.1% and 53.9%. Yes, it is not 100%, we want it to be at 100%, but we are getting there. Properly trained operators will ensure that the systems comply with regulations and consistently produce clean and reliable drinking water.

We are looking at all of these things. They do not operate in a vacuum; we have to have the regulations. That was raised by the expert panel. We have to have skilled operators. We are making those investments. We also have to have investments in the infrastructure that is necessary to produce the safe water and the drinking water and the waste water. That is why we have invested close to $3 billion in waste water and drinking water systems since 2006. Those investments are making a real difference.

However, not only are we making those investments, we are making the right investments. Why are we doing that? It is because we went forward with the most comprehensive review in the history of our country to look at water and waste water systems. It is a review that was not done by the previous government. We did that. We wanted to know which systems needed to have those investments. Systems are rated as high risk, medium risk and low risk. Therefore, we can prioritize where the investments need to be. Look at the high-risk ones. Let us work on those first. We look at this as a multi-faceted approach, one that is going to make a significant difference.

When we look at the regulations, we want time to do that. We are saying we are going to take time and develop them in consultation with first nations to make sure that we have the right regulations to ensure we have safe drinking water and properly treated waste water.

Some people have said “Wait a minute, where is the money? We cannot impose these regulations without money.” Well, I say, how does one build a house without knowing what the designs are? Someone does not just go up and say, “I want a house. Here's the money.” They have to actually design the house. That is what the regulations do. They are designing. They are saying these are the regulations that need to be in place. Once they know what those regulations are, then they can figure out what it is going to cost to implement those regulations. That is exactly the process we are following. We are going to develop the regulations, in consultation with first nations, and then we are going to figure out what, if any, funding arrangements need to change.

Seven years ago, the Government of Canada and the Assembly of First Nations agreed to work together on drinking water. Today, the House has the opportunity to support this collaboration by endorsing Bill S-8. Surely, residents of first nations communities have waited long enough to have these regulations brought forward and put in place. We want to move forward with this and I am hoping that we are going to have the support of all parties in the House to make sure that we can move forward with regulations that will help bring safe drinking water and waste water to first nations communities.

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, my colleague's speech was interesting to listen to, but there was one part that kind of stuck in my craw a little. He talked about needing regulation first and then deal with the money piece later and one cannot build a house unless one knows what the design is.

I can buy that argument, except when I look at the Conservative track record. For example, we had a national housing strategy bill in the House that was just the framework. The reason the Conservatives said they voted against it was because it would cost millions and billions of dollars and bankrupt the country. However, hang on, this piece of legislation is just the design plans. It is just the structure that we need and we will deal with what it will cost and what it will actually look like after. I wonder how the member can stand up in the House and make that argument when it is clearly a pretty hypocritical position?

[Kyle Seeback, Conservative, Brampton West, ON]

Mr. Speaker, I do not see it as hypocritical at all because we are talking about an important issue with first nations drinking water. If we are going to do it we are going to do it right. We have to know what the regulations are before we say what it is going to cost. This is a very simple thing.

We are not coming up with, as she was talking about, an amorphous national strategy. What we are saying is we are going to develop specific regulations. Once we know what those specific regulations are and what standards are going to have to be applied, then we can determine what that is going to cost. We cannot put the cart before the horse, and we are not going to do that.

[Dan Albas, Conservative, Okanagan—Coquihalla, BC]

Mr. Speaker, I have learned a lot on this subject from today's debate. I would like to go back to the previous member's comments. When we talk about these things, most of the time the devil is in the details. I remember reading the bill the member spoke of, which called for all affordable housing, a provincial responsibility, to be up to LEED standards. That is just not acceptable. It will not be acceptable by the provinces and at the end of the day we would end up with less affordable housing with less money going towards these programs.

Why does the member believe the approach the government is taking, specifically on a case-by-case basis, would benefit an individual first nation band? At the end of the day, it would be that band that would benefit by a case-by-case system. I would like to hear his comments about how the bill would help move that forward.

[Kyle Seeback, Conservative, Brampton West, ON]

Mr. Speaker, my colleague has quite clearly pointed out the differences with what my colleague here was suggesting in this bill. We have to have the regulations. I keep going back to that, and I know I am, because we have to have the design of what the program would be before deciding what the funding envelope would have to be. That is exactly what we do.

I keep going back to this over and over again. I say it when we are going through this at committee. This is enabling legislation. It would enable us to go forward and put forward regulations to regulate waste water and drinking water. Again we would do that constructively with first nations, and once we had that, we would then be able to figure out what costs we needed to go forward with. Of course we would continue the investments we have made with respect to building infrastructure and building capacity. Then we would go forward with regulations.

[John Rafferty, NDP, Thunder Bay—Rainy River, ON]

Mr. Speaker, the member is talking about referencing provincial laws right across the country. My question is very straightforward. What that means is effectively placing on the province a lot of the responsibility for the monitoring, enforcement and so on. It is a form of downloading. I wonder if the member would like to comment on how much this would cost the provinces.

[Kyle Seeback, Conservative, Brampton West, ON]

Mr. Speaker, that question shows the complete misunderstanding of this legislation. It is the same thing we faced at committee. People came to the committe“ and said this legislation would do that. It actually says they ”may” incorporate by reference provincial regulations. It does not say “we will”. It says “we could”. It is one of the options that is on the table. That is why I say this is enabling legislation. It would put the whole host or suite of options before the government when it chooses to regulate. No, it would not download to provincial responsibility. It would not cost the provinces money. We are not there.

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, I support Bill S-8, the safe drinking water for first nations act, because it stands to benefit all Canadians, regardless of where they live.

As other members of the House have explained, the legislation that is before us now would actually lead to the development of systems governing water quality in first nations communities. These systems are badly needed and would promote and protect the health and well-being of all Canadians, regardless of where they live. Surely, the urgent health and safety needs alone are enough reason that the opposition should be supporting Bill S-8.

For those who do not believe that the health and safety of first nations people are more important than the perceived challenges we have heard about tonight from the opposition, I want to outline even more valuable reasons why they need to be supporting this very important legislation. The simple fact is that the quality of the water that is accessed by all other Canadians who do not live on reserves is protected by law, by provincial, territorial and municipal regulations that dictate maximum levels of contamination and a lot of other standards. However, no such regulations exist to protect water quality in first nations communities, which I think a lot of people in Canada would find shocking, and this legislation is overdue.

It is simply unacceptable that these communities do not have the ability in 2013 to put enforceable water standards in place that are going to protect the health and safety of the people who live in their communities. I am sure that all reasonable people and all Canadians would agree. In fact, my own mother called me last night and asked me why the opposition would not be in favour of a bill that supports clean drinking water for first nations people. That is incomprehensible to most Canadians.

I want to take this opportunity to point out that Bill S-8 is the direct result of seven years of collaboration. We often hear that there has not been enough time and there is not enough money. There is never enough time and money to satisfy everyone, but that is no reason not to act.

This bill would enable co-operation to happen between first nations and other jurisdictions, such as provinces, territories and municipalities, when it passes. It was ably explained by my colleagues earlier today, but this legislation would authorize the creation of regulatory systems through a collaborative process so that representatives from first nations could work with their counterparts from nearby communities and the federal government to design, develop and implement regulations around drinking water.

Laws currently used to regulate drinking water of nearby communities could provide a template, a starting point for these discussions about what the new regime would look like and how it would apply. Existing regulations could then be adapted to suit the circumstances of every individual first nation community. It is not one size fits all. These communities are different, and they need to be treated that way. They will find different solutions. I am convinced that this really is a process that would lead to new partnerships between first nations and their nearby communities, which will, in turn, benefit all Canadians.

Fostering collaboration between first nations and non-first nations communities is very important and actually generates social, economic, cultural and recreational opportunities. The proof is in the pudding, as they say. Strong partnerships already exist between many first nations and non-first nations communities across Canada. It is no coincidence that often the partnerships between first nations and non-first nations are among the most prosperous in the country. That is right; these partnerships could help first nations become among the most prosperous in the country.

Part of the wisdom behind the approach is that it strives to inspire a lot more of these partnerships to take place. The best partnerships are unique because they meet the specific needs and interests of both parties involved. When we consider the kinds of partnerships that Bill S-8 might inspire, it is important that we keep an open mind. That is why the legislation before us rejects the one-size-fits-all, top-down model. That is not what we would create here. We would create a bottom-up model, where the parties themselves would be encouraged to design a system that would meet their own individual circumstances and needs.

I will now turn the attention of my hon. colleagues to some of the kinds of partnerships that already exist between first nations and other jurisdictions. The most common is a formal arrangement with a municipality for services, and that might be treatment and distribution of drinking water, sewage treatment, fire protection, recreation and animal control. These are known as municipal-type agreements or MTAs.

The national assessment of first nations water and waste water systems lists 95 water and 91 waste water MTAs that already exist between municipalities and first nations communities. The vast majority of these are in B.C., my own home province of Alberta and Ontario. While the MTAs will differ from one to another, all of them strive for mutual benefits for all the parties.

To get a better sense of the potential benefits, look no further than a guide published last year by the Federation of Canadian Municipalities. The federation administers a program that helps municipalities partner with first nations on community infrastructure, and it really works. Here is a bit of an excerpt from the guide:

First nations and municipal governments across Canada often face similar challenges when working to build and maintain infrastructure, create economic opportunities, enhance social conditions, and improve quality of life in their communities. Economies of scale, and the increasing expense of providing, operating and maintaining community infrastructure, naturally lead to a consideration of partnerships when addressing infrastructure issues. By forming partnerships, sharing knowledge and expertise, and pooling assets, First Nations and municipal governments have the potential to improve existing community infrastructure and services.

That makes a lot of sense. The phrase “economies of scale” really helps describe the principal advantage of most municipal-type agreements. Another phrase for it is “many hands make light work”. When we work together, jobs are easier. When everyone pitches in, tasks are manageable. A small community partnering with a large community often helps that small community get access to higher quality services than it might be able to afford on its own. It can also free the smaller community from having to deal solely with the regulatory burden associated with some of these responsibilities.

It is very clear that this legislation now before the House must also be seen as a central component of a larger, multi-faceted strategy to improve the quality of drinking water that is available for our first nations communities. This strategy includes investments in first nations drinking water and waste water infrastructure, operator training and other elements of capacity development.

Should it become law, these investments would continue during the collaborative processes that would create the regulations for first nations drinking water. They would be phased in as first nations acquired the capacity and expertise to meet them. This incremental approach is a great one. It would help all parties understand their role in the process.

The development of regulatory standards represents a really major first step toward ensuring that what we all take for granted, quality drinking water, is accessible to residents of first nations communities and that it meets the high quality all Canadians expect and deserve.

We urge the opposition to support this legislation. It would allow the government to work with first nations and other stakeholders to develop these regulations and ultimately, through the proposed legislation, strengthen our first nations communities and make them better able to participate equally in, and contribute fully to, Canada's prosperity.

I urge all my hon. colleagues here today to seriously look at Bill S-8 and the opportunities it would provide for first nations, and join me in supporting it.

[John Rafferty, NDP, Thunder Bay—Rainy River, ON]

Mr. Speaker, I know my friend on the other side really does believe what she is saying and believes what is there.

I was interested in her whole concept of partnering. I would like to ask the member a question. If the nearest municipality to the first nation is 1,000, 1,500 or 2,000 kilometres away, how does partnering work in that particular kind of situation?

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, I appreciate the question from my hon. colleague because he is thinking about how it might work, and that is the first step toward getting this legislation passed.

How the legislation would work is first nations would not be required to partner, and that is why we are not going for a one-size-fits-all program. There is a community nearby and there are many close to where I live, where I have seen this in progress and it works extremely well.

There are many communities where there are collaborative processes. They will be set up where the first nations community can take advantage of a nearby municipality and quickly get clean water onto first nations reserves. There are others where this will be more of a challenge.

[Rick Norlock, Conservative, Northumberland—Quinte West, ON]

Mr. Speaker, I listened to my friend across the way very closely and to the other member who just questioned her with regard to partnerships. Having lived in northern Ontario, I know communities that are many thousands or at least many hundreds of miles apart cannot partner. I am thinking of the city of Timmins partnering with some of the first nations territories along the James and Hudson Bay coast, working with them on minor hockey and other enterprises.

To be specific, the member may want to expand on this notion. Many first nations territories do not have any experience with fresh water chlorination plants that are designed to do just what this legislation is designed to do. Those communities would benefit from people who do the work and come from communities where they have been doing this for decades, such as my hometown.

Could the member expand on that and could she further expand on the need for the proper training of people who run those plants? That is one of the most important parts of this whole enterprise. I have experienced that along the James and Hudson Bay coast with a first nations community where, because the chlorination plant was not properly run, the water ended up in a crisis. Could she expand—

[The Acting Speaker, Barry Devolin]

The hon. member for Calgary Centre.

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, that is a very important aspect of this bill.

Part of the bill will very definitely include training. There would be a ramp-up period required, for which the bill provides. We can provide training and enable first nations to get the kind of expertise they will need to sustain a drinking water supply that actually is healthy and safe, the way all Canadians expect it should be.

When communities can partner with a municipality that may be nearby, those municipalities may have had decades of experience in how to provide clean and safe water. First nations can take advantage of that experience and technology.

We do not need to reinvent the wheel at every first nation. We can take advantage through these partnerships, through the MTAs and utilize that expertise on first nations. Again, this is for safe and clean drinking water on first nations. What Canadian could oppose that?