Bill S-8 (Historical)

Safe Drinking Water for First Nations Act

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

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

Bill S-8—Time allocation motion

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

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

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

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

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

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

Mr. Speaker, rising as we are now to debate time allocation, I want to preempt the usual response from government members who say, “What a shame, the member has raised a process question rather than on the substance of the bill”.

This is a moment to debate process on a time allocation motion, and I am on topic.

At the time allocation motion on Bill C-60, I made the point that members of the House who are not members of large political parties in this place never get an opportunity to speak to a bill when time allocation is applied. I have never been given a speaking opportunity on any bill once time allocation is applied. Last time, on the Bill C-60 debate, the minister said, “Why don't you just go to committee?”

I will make the point. I have never been allowed to speak at committee due to objections from other parties.

This is an anti-democratic process of constantly imposing time allocation. It is unfair to members in this place and I regard it as a violation of the basis of democracy.

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

I note the opinion of the member, Mr. Speaker.

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

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

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

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

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

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

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

Mr. Speaker, It is obvious that the hon. member is not really aware of what has taken place for the bill to come before the House.

Engagement with first nations and stakeholders across Canada started back in 2006. Knowledgeable people, those who cared to inquire about the facts, would realize that this engagement includes an expert panel on safe drinking water for first nations. The panel held hearings in nine locations across Canada with first nations and other stakeholders from June to August 2006.

A joint workshop was held between federal officials and the Assembly of First Nations technical water expert group in 2007. Meetings with first nations organizations and provincial and territorial officials were held in 2008 to share information on the proposed legislative framework. From February to March 2009, the government launched a series of 13 engagement sessions across the country at which 544 first nations individuals were present. From early 2009 to early 2010, the government met with regional first nations chiefs and first nations organizations to discuss specific regional issues. Between October 2010 and October 2011 the government engaged--

[The Acting Speaker, Conservative, Bruce Stanton]

Perhaps the hon. minister will get a chance to add to that comment at the next round.

Questions. The hon. member for Medicine Hat.

[LaVar Payne, Conservative, Medicine Hat, AB]

Mr. Speaker, for most Canadians access to safe drinking water is taken for granted. This is not the case for many first nations communities. Bill S-8 is crucial to ensuring first nations have the same health and safety regulations and protections concerning drinking water and waste water treatment that are currently enjoyed by other Canadians.

It has taken seven years to get to this point, seven years of continuous dialogue with first nations, including formal engagement sessions and implementing measures to accommodate the concerns of first nations. The legislation before Parliament today is the result of hard work and collaboration. Now is the time for action.

Could the minister explain how time allocating Bill S-8 would help fulfill this long-standing legislative gap and enhance access to safe, clean and reliable drinking water for first nations communities?

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

Mr. Speaker, the previous question on the issue of consultation was important, and I could have gone on and on.

Members may remember Bill S-11 in the previous Parliament. That legislation was also the subject of debate in the House and in the Senate. The legislation has been debated a lot since 2006.

In answer to the question from my learned friend, the Government of Canada and first nations have shared the goal of ensuring that first nations communities have access to safe, clean and reliable drinking water. Progress and improvements have been made to address the provision of drinking water, especially with the investment of close to $3 billion since 2006.

This legislation would enable the development of regulations, in partnership with first nations and stakeholders, that would increase the level of capacity of first nations to provide their membership with the kind of water that all other Canadians enjoy.

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, I rise because I have been listening to the debate going back and forth. The minister is making two different points here, and they are contradictory.

On the one hand, he is saying that the government has been consulting for six years and has been trying to work this problem through. On the other hand, he is saying the Conservatives are now going to ram this legislation through, that they are going to use closure and not allow proper debate. Those are two contradictory points.

One that I also want to add is that I think Canadians all want safe drinking water. First nations want safe drinking water.

I held town hall meetings in my riding. When I consulted with the mayor and council of the City of Coquitlam, they were very concerned about this bill and the impact it would have on their city, working with the local first nations. Of course, we all want to them have safe drinking water, but they were concerned about the standards, the funding and the implications on the city. Where is the funding that would accompany what this bill is talking about? That is of grave concern, not just to us in terms of the opposition members who want to talk about this, but also to cities across this country.

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

Mr. Speaker, had the hon. member taken the time to read the bill, he could have explained to the mayor in question that the proposed legislation itself would have no impact whatsoever on non-first nations governments. As such, Bill S-8 and subsequent regulations would not force municipalities to provide drinking water services to first nations, nor delegate powers or costs to municipalities. Furthermore, Bill S-8 would not affect municipalities' abilities to choose to pursue or not municipal service agreements with first nations.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I would like to talk about the minister's responses regarding the consultations he held.

He brags that he consulted a number of first nations. However, the Assembly of First Nations strongly opposes this bill.

Had the Conservatives consulted the Assembly of First Nations, the assembly would have told them what amendments should have been made to this bill. I can think of a lot of them. I will not rattle them off for you the way the minister does for the groups he supposedly consulted.

Consulting groups is not enough; we must listen to them as well. When groups ask us to make amendments, we need to do it. That is why we want to continue debate on Bill S-8. The government has obviously not done its job. It has not made the necessary amendments.

Introducing legislation on safe drinking water is not enough. That needs to be done, but funding must be provided too. That is what the Assembly of First Nations is asking for, but that is not in Bill S-8. That is why we want to continue the debate, to explain all the good amendments and changes to be made to the bill.

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

Mr. Speaker, once again, the government has had a number of meaningful discussions with the first nations regarding the proposed legislation, and we will continue to do so.

Just like the Liberals, the NDP member is always talking about throwing money at problems. We are trying to establish a legislative framework so we can adopt regulations regarding the quality of drinking water and waste water services on first nations land.

All other Canadians and all other municipalities have this right. This initiative cannot be completed overnight. This is not smoke and mirrors. By working with the first nations, the regions and stakeholders from the communities, we can develop regulations to bring first nations drinking water and waster water services to a level and quality equal to or comparable to those enjoyed by other Canadians.

[Bruce Hyer, Independent, Thunder Bay—Superior North, ON]

Mr. Speaker, many of the reserves across Canada are remote and most of the reserves in northern Ontario are remote. This is not only an important issue to them. Many of them have dysfunctional water systems now, but building water systems in those remote areas is complex and way more expensive than in urban areas of Canada.

I would just like to add my voice on their behalf in asking for a more full and complete discussion of this bill before we go ahead with it because it has such huge implications for cost, complexity and a number of first nations.

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

Mr. Speaker, I agree, indeed, that in remote communities it is a particular challenge. As a matter of fact, I visited the Kashechewan community not long ago and saw firsthand a water system in which this government had invested and from which the community benefits. I also visited with Chief Naveau and his community in northern Ontario and he showed me with pride the water system that the serious investment of this government allowed his community to get. The chief was telling me the problem is that they needed trained people to protect the system. This is what these regulations would achieve.

I do not understand why opposition members are arguing that instead of improving the system, we should sit and talk about it. That is all they do: talk about it.

[Daryl Kramp, Conservative, Prince Edward—Hastings, ON]

Mr. Speaker, we have introduced this bill so first nations have the same access to drinking water as all Canadians. To me, it is incredible how anybody could even consider not supporting that because many of the communities, as we all know, have waited too long for safe, clean, reliable drinking water and yet, shockingly, opposition members have continually tried to draw out and prolong debate and continue to vote against this initiative.

As the preamble states, the government will work with the first nations to develop federal regulations. Passing this bill is just the beginning. Much work remains to be done.

Could the minister please tell the House how long it will take for regulations to be put in place and why we need to take action now, not tomorrow, not next week, not next month but now, in moving this legislation forward?