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, Conservative, Bruce Stanton]

I declare the motion carried.

I wish to inform the House that because of the proceedings on the time allocation motion, government orders will be extended by 30 minutes.

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, I have the honour to table, in both official languages, the government's response to questions on the order paper, Questions Nos. 1254 through 1259 inclusive.

The House resumed from November 26, 2012, consideration of the motion that Bill S-8, An Act respecting the safety of drinking water on First Nation lands, be read the second time and referred to a committee, and of the motion that this question be now put.

Second Reading

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, before I start today, I would like to say that I am splitting my time with the hon. member for Saskatoon—Rosetown—Biggar.

I fully support Bill S-8, the safe drinking water for first nations act, and I encourage my hon. colleagues to endorse the proposed legislation.

Bill S-8 is an important piece of a larger initiative that will have a tangible, practical and positive impact on a long-standing problem: unsafe drinking water in first nations communities.

More than seven years ago, the Commissioner of the Environment and Sustainable Development conducted an in-depth study of first nations drinking water. The report concluded that a large part of the problem is that responsibility for the various tasks involved in the treatment and delivery of drinking water on first nation lands is shared among many groups.

Here is a definitive statement from the report:

Until a regulatory regime is established that is comparable with the one that is in place in the provinces, INAC and Health Canada cannot ensure that First Nations people living on reserves will have continuing access to safe drinking water.

The same conclusion was reached in every other authoritative report on the matter, including most recently in the National Assessment of First Nations Water and Wastewater Systems, published in July 2011.

The national assessment was the most rigorous, comprehensive and independent evaluation of on-reserve water and waste water systems ever undertaken by a federal government. The report is full of valuable information that can help point the way toward further progress. It highlights the variations in the quality of drinking water in first nations communities and the diverse reasons for successes and challenges. The report also recommends the “establishment of a regulatory framework for water and waste water systems”.

Bill S-8 alone, of course, will not ensure access to safe drinking water in first nations communities, but it would create a legislative framework to enable the government, together with first nations and other stakeholders, to develop enforceable standards, the chains of accountability that are absolutely necessary to support progress.

Let me remind the House of the tragic examples of water contamination in communities across the country.

In North Battleford, Saskatchewan, in 2001, over 7,000 people became sick because there had been a failure to properly treat the drinking water. I too drank the water and was also sick at that time.

In Walkerton, Ontario, in 2000, seven citizens died and more than 2,500 became sick. In the aftermath of the Walkerton tragedy, the Ontario government developed one of the most stringent drinking water regulatory regimes in Canada.

In order to avoid a tragedy like Walkerton happening in first nations communities, we need regulations. This is what Bill S-8 would enable the government and first nations to do.

To address the other factors that contribute to unsafe drinking water, this government, in partnership with first nations and first nation organizations, has taken a long list of actions. From 2006 to 2014, the Government of Canada will have invested approximately $3 billion, including $330.8 million in economic action plan 2012, in water and waste water infrastructure in first nations.

These investments supported more than 400 projects, such as the construction and upgrade of treatment systems, the protection of water sources and the installation of piping networks and holding tanks. More than 40 projects were completed last year alone. Actions were also taken to train and certify hundreds of operators and to publish and distribute treatment protocols and operational guidelines.

The combined effect of these actions has been significant, but much more remains to be done.

The establishment of regulatory regimes would support further progress in a number of ways. Practically speaking, Bill S-8 would enable the development of regulations to protect sources of drinking water located on first nations lands from contamination. The regulations stemming from Bill S-8 would help strengthen oversight and clearly lay out the roles and responsibilities of all parties involved, including private companies operating drinking water and waste water systems on first nations lands.

During the discussions that took place over the last six years to develop this legislation, numerous first nation public works specialists expressed the need to have tools to do their work properly and to have access to appropriate safeguards to provide clean, safe and reliable drinking water to fellow community members. While protocols and guidelines exist to help operators in first nations communities, these documents lay out no enforceable standards. Regulations will offer a mechanism by which standards will be clearly stated, realistic and tailored to the circumstances of first nations. They will also provide a mechanism through which an enforcement body can support the work of these operators and guide them in their important work.

This government recognizes that partnership can be a powerful force, and the process to develop regulations will be key in bringing this commitment to reality.

Incorporation by reference of provincial and territorial drinking water legislation, with the adaptations to reflect the needs and circumstances of first nations communities, will foster collaboration in many ways.

First, regulatory development will enable the government and first nations to work together to develop the regulations that are essential to the health and safety of first nations children, women and men.

Second, incorporation by reference with adaptations will allow for comparable standards to be established between on- and off-reserve communities. Future regulations would extend the possibility of first nations, provinces, territories and municipalities working together to deliver safe drinking water and waste water services on first nations lands, exchange best practices and possibly strengthen partnerships that are already in place.

For instance, first nations and neighbouring municipalities sometimes share drinking water services through municipal-type service agreements, as in British Columbia, where the community of Kwakiutl receives drinking water from the neighbouring town of Port Hardy. We hope that having comparable standards on and off reserve would facilitate these partnerships.

Bill S-8 and future regulations would help support first nations communities by bringing their drinking water and waste water services to a level and quality of service comparable to those enjoyed by other Canadians living in communities of similar size and location.

The bill is a crucial component of this government's numerous actions over the years to improve the safety of drinking water on reserve. It would have a significant and tangible impact on first nations communities.

Ultimately, Bill S-8 would enable first nations to work with federal and regional officials to develop regimes tailored to their circumstances while respecting science-based standards for health and safety.

I urge my hon. colleagues to join me in supporting Bill S-8.

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

Mr. Speaker, in terms of what we have heard from first nations across the country, and in view of the devastating report on the state of potable drinking water and waste water systems across the country from July, 2011, I would like to ask the hon. member whether he is prepared to do what I said in the letter I wrote to the minister in the fall of 2011.

In the letter, I said that as the Liberal Party, we would not be able to support any legislation unless there were resources to go with it to actually fix this appalling situation with three-quarters of the water systems within the country. This piece of legislation will do absolutely nothing unless there are resources for first nations to fix these problems.

Will the member tell us where the money is coming from to fix this situation in the first nations across the country?

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, it is quite hypocritical to hear that from the Liberal member over there.

For 13 years they were in government, and for 13 years they did not get anything done. They keep talking about it, but they never put in any legislation. In the past, all they wanted to do was put motions forward.

What we are seeing here right now is legislation to help first nations individuals in first nations communities. Being first nations myself, I hear the rigmarole of what is being said across the floor, and it is atrocious knowing what she is saying. That is what I find appalling.

I look back at November 2011. The Liberal member for Toronto Centre put forward a motion calling on the government to urgently address first nations' access to safe drinking water. Here is another motion. It is not legislation. All she does is talk about it.

Now, more than a year and a half later, we are hearing debate on Bill S-8, now in second reading for the fourth time. This is the second iteration of the bill. We believe that now is the time to move forward.

I hope that my hon. colleagues opposite will put aside their partisanship and support the bill.

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, I am always interested in hearing the member give us some indication of what he thinks and how he feels about an issue that is so important to all of us.

I do not think there is anyone here who does not recognize the fact that there needs to be some action to deal with the desperate need for fresh, clean, safe drinking water in first nations communities. The problem is that bringing in legislation that would make first nations responsible for it, without properly ensuring that there would be funding in place, just compounds an already difficult situation.

Could the member please comment?

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, I will just point out what the federal government has done since the Conservatives became the government in 2006.

There was $333.8 million in 2006-2007. In 2007-2008, we had $333.2 million for first nations water and waste management. In 2008-2009, the federal government put in $340.8 million and in 2009-2010 an additional $412.7 million. In 2010-2011, it was $427.4 million and in 2011-2012, it was an additional $343.4 million. In 2012-2013, it was $374.8 million. Now, in 2013-2014, under Canada's economic action plan, there would be an additional $374.7 million.

That is a grand total of over $3 billion assigned to address first nations water and waste water.

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, I rise today to speak on the important issue of the health and safety of all Canadian citizens, and, in particular, on Canada's first nations and their right to have access to the same safe, clean, reliable drinking water that other Canadian citizens enjoy.

Bill S-8, safe drinking water for first nations act, will enable the government to develop regulations with first nations to provide access to safe, clean and reliable drinking water to men, women and children living on first nations lands.

My support for Bill S-8 is further founded on two facts: the proposed legislation has been developed in collaboration with first nations; and, upon royal assent, regulations will be developed on a region-by-region basis in collaboration with first nations, provinces, territories and other stakeholders.

Bill S-8 proposes a mechanism to resolve another complex problem: the lack of a regulatory foundation to protect the quality of drinking water available in first nations communities.

This proposed legislation is the product of years of engagement, consultation and collaboration with first nations. There have been formal and informal meetings, town hall sessions, without prejudice discussions and workshops. Hundreds of people, including representatives of the Assembly of First Nations and associations of first nations chiefs, along with residents of first nations communities, have participated in these sessions. Their input has shaped the contents of the legislation now before us in several significant ways.

Bill S-8 calls for this collaboration to continue. Governmental officials would work alongside their first nations counterparts on a region-by-region basis to establish a series of regulatory regimes. Under this process, the parties would craft regimes that could draw on existing provincial, territorial or first nations regimes and adapt them to the particular circumstances of first nations. This is entirely appropriate, as a one-size-fits-all approach could never hope to accommodate the social, economic and geographic diversity of first nations communities. A regulatory approach that works for a remote community in northern Manitoba, for instance, might not work for a first nation in urban British Columbia.

Of course, every regime would have to satisfy minimum standards for safety, the same standards required by the provincial and territorial laws that protect drinking water quality off reserve. Under the regimes established through Bill S-8, drinking water would have to be sampled and tested in accordance with established methods and standards, and contamination thresholds would have to be based on scientific evidence.

This co-operative approach would ensure that those who would be subject to the regulations would have a role in creating them. This would help promote a greater understanding of the new regimes as well as ensure that these regimes are reflective of the diverse needs of each region.

We can expect that the federal regulations governing drinking water in a given first nation would be similar to the regulations governing the drinking water of nearby communities. Complementary regimes would open the door to further collaboration, such as joint training and certification programs or shared treatment and distribution facilities. This would, in turn, inspire co-operation on other common issues and opportunities.

Ultimately, of course, the goal is to ensure that all Canadians, regardless of where they live, can access safe drinking water. Access to clean, safe and reliable drinking water is an important determinant of health and a driver of socio-economic development. Yet the truth is that most first nation communities do not have regulations in place that safeguard water quality.

The current regime comprises a tangled web of protocols and funding agreements that are not legally enforceable. As a result, standards are not clear and it is impossible to hold anyone accountable for substandard and unsafe drinking water.

As I mentioned a moment ago, Bill S-8 is the product of a lengthy and collaborative process. Seven years ago, the Commissioner of the Environment and Sustainable Development called on the Government of Canada to address the regulatory gap related to drinking water in first nations communities. Since then, two other authoritative bodies—an expert panel and a standing committee of the other place—studied the matter and made similar recommendations.

Even the Liberals, back in November 2011, put forward a motion calling on the government to improve first nations' access to safe drinking water. The House fully endorsed that motion. I hope that now my hon. colleagues opposite will put aside their partisanship, honour their noble commitment to improving access to safe drinking water and back this important legislation, which goes far beyond the words of that motion.

The collaboration that inspired Bill S-8 began in 2006, when the Government of Canada and the Assembly of First Nations announced a plan of action on first nations' drinking water. This joint undertaking, the plan of action, called for a number of measures, including the development of appropriate regulations. From the outset, the government has directly involved various first nations organizations in the development of legislative options.

In 2007, the expert panel created under the plan of action met with first nations representatives and technical experts from all over the country and subsequently recommended the development of safe drinking water legislation. Departmental officials met with the Assembly of First Nations technical water experts group to discuss options for this legislation. Then, in 2008, the government began to meet with representatives of first nations groups.

The following year, the government released a discussion paper based on the option of incorporation by reference of provincial and territorial standards and held a series of 13 engagement sessions. It heard from more than 500 members of first nations. Although a consensus emerged about the need to address health and environmental concerns, there remained concerns about the proposed approach to legislation.

After the engagement sessions, the government held a series of meetings with regional and national organizations, including the Assembly of First Nations. These discussions involved a range of concerns about the proposed legislation.

The Government of Canada then introduced into the Senate an earlier version of the legislation, Bill S-11. The Senate Standing Committee on Aboriginal Peoples began to review the proposed legislation and heard from more than 40 witnesses before the previous Parliament was dissolved.

Rather than simply reintroduce the same legislation, our government chose to collaborate further to identify and incorporate improvements. In particular, officials from Aboriginal Affairs and Northern Development Canada held without prejudice discussions with first nations groups. Invites were sent to first nations organizations from all over Canada, and some first nations organizations were willing to work with the government to improve the legislation, in particular those from Alberta and the Atlantic.

During these discussions, new ideas emerged to address specific concerns with the previous version of the bill. Several changes were made, and as such, I am proud to say that first nations organizations directly influenced the contents of Bill S-8. As a result of this collaboration, the legislation now before us is stronger.

Thousands of people residing in first nations communities lack regulations that safeguard the quality of their drinking water. Bill S-8 would provide authority for the government to draft and implement appropriate regulations, working with first nations. These regulations would help protect the health and safety of first nations men, women and children.

This important legislation fully deserves the support of the House. I urge my hon. colleagues to vote in favour of Bill S-8.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, of course, the issue of funding remains paramount. In fact, the expert panel on safe drinking water for first nations, which was an initiative of the federal government, I believe, concluded that it is not credible to go forward with any regulatory regime without adequate capacity to satisfy the regulatory requirements.

My second question has to do with the kind of regulations and standards that could be imposed on first nations. My understanding is that it would be possible to impose provincial regulations, provincial standards, but in some cases, provincial standards are lower than federal standards.

Does the member not agree that our first nations people deserve the highest federal standards?

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, as I mentioned in my remarks, most first nations communities do not have regulations in place that safeguard water quality at all. As we have heard, access to clean, safe and reliable drinking water is an important determinant of health and a driver of socio-economic development.

Bill S-8, safe drinking water for first nations act, will enable the government with first nations to develop the regulations that the member is referring to, to provide that access to safe, clean and reliable drinking water to men, women and children living on first nations lands. As I stated in my remarks earlier, the goal of this legislation is to ensure that all Canadians, regardless of where they live, can access safe drinking water.

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, this legislation puts responsibility on the government for providing safe, clean drinking water to first nations communities, but it does not ensure that the funding will be available. When I asked the hon. member's colleague this same question, I got in response a list of all of the funding that has gone in this direction in the past seven years. The problem is, it has not done the job, and the question still remains.

I ask the member, is she not as concerned as I am that with the legislation there needs to be the adequate resources directed?

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, I believe my colleague answered the question that since forming government, we have invested almost $3 billion in water and waste water infrastructure.

If that member was as concerned as he says he is, he would have supported the $192.7 million that was included in last year's budget.

[Roxanne James, Conservative, Scarborough Centre, ON]

Mr. Speaker, I absolutely agree with the member. It is simple. First nations should have access to safe drinking water and those types of measures, the same things that every other Canadian enjoys in Canada, including every member in this House. My understanding is that this legislation before us today has been seven years in the making. There has been continuous dialogue between the Government of Canada and first nations. Some of the concerns first nations brought to the table have been incorporated into Bill S-8.

The member mentioned consultations with first nations. Could she elaborate and provide this House with more information regarding those consultations between first nations and the government, and also, after seven years, why it is so important to move this legislation forward?

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, the member makes an important point: engagement has been ongoing for seven years. The Government of Canada has been involved in extensive engagement since 2006, and we continue to engage with first nations on this proposed legislation and regulatory development.

I would like to highlight the following. In the summer of 2006, an expert panel held public hearings across Canada, at which time they heard from over 110 presenters, and received more than two dozen submissions.

In February and March of 2009, a series of engagement sessions were held with first nations communities, regional first nations organizations, and provincial and territorial officials. There were 700 participants, of whom 544 were first nations.

In the fall and winter of 2009 to 2010, government officials met with first nations chiefs and organizations to discuss specific regional issues raised during the engagement session, and from October 2010 to October 2011, without prejudice discussions with first nations—