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.

Indian Affairs and Northern Development—Main Estimates, 2013–14

[Kyle Seeback, Conservative, Brampton West, ON]

Mr. Chair, I will be 10 minutes and then will allow five minutes for questions for the minister.

I am proud to stand today and talk about what our government is doing for first nations with respect to providing improved water and waste water services to their residents. Our government engaged in the largest comprehensive study of water and waste water systems this country has ever seen, identifying and going through every water and waste water system so that we could prioritize how we could improve water and waste water.

The Government of Canada and first nations have shared the goal of ensuring that first nations have the same access to safe, clean drinking water in their communities as all other Canadians do. Access to safe drinking water, the effective treatment of water and the protection of sources of drinking water in first nations communities is critical to ensuring the health and safety of first nations. I want to assure all members in this House tonight that this is an area of great concern for our government.

We are targeting three key areas to ensure that residents of first nations communities can readily access clean and safe drinking water, like all Canadians. The three things we look at are enforceable standards and protocols; infrastructure investments in specific projects; and enhanced capacity-building, operations and training for those treatment systems.

In the area of enforceable standards and protocols, I have to say that we have made significant strides. On February 29, 2012, after significant consultation with first nations, Bill S-8, the safe drinking water for first nations act, was introduced in the Senate. This is enabling legislation. If passed, it would make it possible for our government to work with first nations, and not just first nations but also other stakeholders, to develop regulations comparable to those that safeguard drinking water in other places across Canada.

Currently, legally enforceable protections governing drinking water and waste water do not exist on most first nations lands. It is our government's view that anyone committed to better safeguarding water quality on first nations lands should see the importance of supporting this legislation. Of course, I urge my colleagues on the other side of the House to support this legislation when it comes back for a vote. It is now moving to the committee. This legislation would clearly lay out the roles and responsibilities of all parties involved in drinking water in first nations communities.

I want to underscore that the proposed legislation is the product of engagement between the government and first nations on safe drinking water legislation and enforceable standards over the last seven years. That is how long this consultation has been going on. There have been numerous recommendations concerning federal water regulations, including reports by the Commissioner of the Environment and Sustainable Development, the Office of the Auditor General, the Expert Panel on Safe Drinking Water for First Nations, and the Senate Standing Committee on Aboriginal Peoples. There was also the “National Assessment of First Nations Water and Wastewater Systems”, which is the study I referred to at the beginning of my speech.

First nations have also supported the concept of water regulations. When the proposed legislation was first introduced, Chief Lawrence Paul of the Millbrook First Nation, who is also the co-chair of the Atlantic Policy Congress of First Nation Chiefs Secretariat, spoke to the potential of the bill for first nations communities. He said:

First Nations will be able to look forward to having the same protections that other Canadians have around the provision of drinking water, water quality standards and the disposal of wastewater in their communities. This is not only an important health and safety issue, but will help build confidence in our infrastructure and help create a better climate for investment.

Should the proposed legislation be passed, further engagement with first nations on the development of federal regulations would follow. This would support the development of federal regulations that would be tailored to the unique circumstances of first nations. However, the opposition has indicated yet again that they will not support this important legislation for first nations. I do not understand this opposition. The time for this legislation is now.

Creating federal regulations will take time, and they would be implemented over a number of years. This would allow the government and first nations to bring water and waste water infrastructure and capacity to the level required to meet those very regulations.

Our government's vision for supporting first nations to improve water and waste water services for the residents also includes capital investments. Between 2006 and 2014, the federal government will have invested approximately $3 billion in water and waste water infrastructure and related public health activities to support first nations communities in managing their water and waste water systems. That is a significant investment.

Economic action plan 2012 also included an additional $330 million over two years to help sustain progress made to build and renovate water infrastructure on reserve and to support the development of a long-term strategy to improve water quality for first nations. More specifically, this money is going towards training for operators of water and waste water systems on reserve, operating costs of water and waste water systems and capital investments for the highest-risk systems.

Because of the comprehensive study we did, the first of its kind, we were able to prioritize water and waste water systems that are in need of immediate help. That is what we are doing with those funds.

With the new funding last year, the government was able to prioritize investments to high and medium-risk systems in over 50 first nations communities, including Canoe Lake First Nation, Tallcree First Nation and Nazco First Nation. These estimates include $137.4 million for the first nations water and waste water action plan. Again, these are additional funds being invested in water and waste water.

This funding will be allocated in 2013 and 2014 in three areas of planned expenditures. Operations and maintenance will receive $46.1 million, $30.2 million will be for training for first nations and $50.8 million will go toward capital investments. However, that is not all. Health Canada is also supporting first nations with an investment of $54.8 million committed through economic action plan 2012, which is for water-related public health activities.

The federal government recognizes that in some first nations communities, there are issues regarding in-home access to water and waste water services. Manitoba's four Island Lake first nations are one such example. I am pleased to say that this government invested $5.5 million in 2011 to bring running water to 100 houses in that community.

I want to underscore the fact that our government is committed to ensuring that first nations have the same access to safe, clean drinking water in their communities as all other Canadians. This means not only setting our sights on reducing the number of medium and high risk systems, but also directing investments to capacity and training to operate and maintain those systems. The 2011 national assessment results underscore the critical importance of having trained and certified operators to reduce the risk and help ensure that the drinking water in first nations communities is safe. Operation and maintenance, operator qualification and record keeping account for 60% of the risk measured.

As I outlined earlier, the federal government's economic action plan 2012 year one investment includes more than $30 million for training first nations. Our government provides funding for operator training courses and for operator certificate training and registration costs in all regions. Training helps to ensure that operators have the level of training and skills required to operate and maintain the water and waste water systems.

I want to take a moment to highlight another important program. That is, of course, the government's circuit rider training program. The program, for those who do not know, is a specialized training program that provides first nations operators with ongoing on-site training and mentoring on how to operate their water and waste water systems. We invest approximately $10 million a year into the circuit rider training program across the country.

It is clear that this government has made working with first nations partners to improve on reserve water and waste water a priority. Through progress on enforceable standards and protocols, through sustainable capital investments and by supporting enhanced capacity building and operation training, we are delivering on those results.

I am confident we will continue to deliver results and make progress on this important issue.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue the debate on today’s opposition motion from the NDP. Pursuant to the rules of the House, time is allocated and there will be a vote after the two-day debate.

Tomorrow we will resume the third reading debate on Bill S-9, the Nuclear Terrorism Act. As I mentioned on Monday, I am optimistic that we will pass that important bill this week.

Should we have extra time on Friday, we will take up Bill C-48, the Technical Tax Amendments Act, 2012, at report stage and third reading.

When we come back from constituency week, I am keen to see the House make a number of accomplishments for Canadians. Allow me to make it clear to the House what the government's priorities are.

Our government will continue to focus on jobs, growth and long-term prosperity. In doing that, we will be working on reforming the temporary foreign worker program to put the interests of Canadians first; implementing tax credits for Canadians who donate to charity and parents who adopt; extending tax credits for Canadians who take care of loved ones in their homes; supporting veterans and their families by improving the balance for determining veterans' benefits; moving closer to equality for Canadians living on reserves through better standards for drinking water, which my friend apparently objects to; giving women on reserves the rights and protections that other Canadian women have had for decades, something to which he also objects; and keeping our streets and communities safer by making real improvements to the witness protection program. We will of course do more.

Before we rise for the summer, we will tackle the bills currently listed on the order paper, as well as any new bills which might get introduced. After Victoria Day, we will give priority consideration to bills which have already been considered by House committees.

For instance, we will look at Bill C-48, which I just mentioned, Bill C-51, the Safer Witnesses Act, Bill C-52, the Fair Rail Freight Service Act, and Bill S-2, the Family Homes on Reserves and Matrimonial Interests or Rights Act, which I understand could be reported back soon.

I look forward also to getting back from committee and passing Bill C-60, , the economic action plan 2013 act, no. 1; Bill S-8, the safe drinking water for first nations act; and Bill C-21, the political loans accountability act.

We have, of course, recently passed Bill C-15, the strengthening military justice in the defence of Canada act and Bill S-7, the combating terrorism act. Hopefully, tomorrow we will pass Bill S-9, the nuclear terrorism act.

Finally, we will also work toward second reading of several bills including: Bill C-12, the safeguarding Canadians' personal information act; Bill C-49, the Canadian museum of history act; Bill C-54, the not criminally responsible reform act; Bill C-56, the combating counterfeit products act; Bill C-57, the safeguarding Canada's seas and skies act; Bill C-61, the offshore health and safety act; Bill S-6, the first nations elections act; Bill S-10, the prohibiting cluster munitions act; Bill S-12, the incorporation by reference in regulations act; Bill S-13, the port state measures agreement implementation act; Bill S-14, the fighting foreign corruption act; Bill S-15, the expansion and conservation of Canada’s national parks act, which establishes Sable Island National Park; and Bill S-17, the tax conventions implementation act, 2013.

I believe and I think most Canadians who send us here expect us to do work and they want to see us vote on these things and get things done. These are constructive measures to help all Canadians and they certainly expect us to do our job and actually get to votes on these matters.

I hope we will be able to make up enough time to take up all of these important bills when we come back, so Canadians can benefit from many parliamentary accomplishments by the members of Parliament they have sent here this spring.

Before taking my seat, let me formally designate, pursuant to Standing Order 81(4)(a), Tuesday, May 21, as the day appointed for the consideration in a committee of the whole of all votes under Natural Resources in the main estimates for the final year ending March 31, 2014. This would be the second of two such evenings following on tonight's proceedings.

Second Reading

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, it is very important for me to speak to Bill S-8, An Act respecting the safety of drinking water on First Nation lands.

We too often disregard the importance of water in Canada. We have more than two million lakes and the largest supply of fresh water in the world, so we often take water for granted. Even though this resource is essential to life, the environment and our economy, water is not immune to contamination.

Protecting the quality of our water is extremely important to everyone, whether we live in an urban or rural area, or on a reserve.

Unfortunately, it is clear to me that the Conservatives do not care much about protecting our water.

My Motion No. 400 was designed to restore balance between urban and rural areas. This motion, which received unanimous support on the opposition side, aimed to develop a reasoned and comprehensive solution to a problem that affects water quality and public safety.

However, the government has decided not to take action. It claimed that the provinces were responsible for regulating septic tanks, thus shirking any responsibility. If the government had had the political will to take action, we could have worked with the provinces, as stated in the motion, and respected their jurisdictions.

Today, we can see that the government's reaction to my motion was ill-advised and narrow-minded. The same could be said for Bill S-8.

I do not think that the solution offered in Bill S-8 is reasoned or comprehensive. There are many problems with this bill: it does not respect first nations' ancestral rights, it does not include the necessary investment, there was no consultation, and the bill is not compatible with provincial laws.

I will talk about these issues more another time, since they are recurrent problems with this government's aboriginal affairs legislation, especially when it comes to violating rights and failing to consult.

Mr. Speaker, before concluding today I want to say that I have heard the comments made today by members in the House that we do not have to consult when we put forward legislation. However, the United Nations Declaration on the Rights of Indigenous People states that we do need free, prior and informed consent when we are talking about first nations legislation. This is something that the government has failed to do again and again. It is not a choice that we have. It is about rights and something that the international community is begging us to do.

I am looking forward to speaking more about this next time.

[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, 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.

[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.

[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.

[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.

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.

Bill S-8—Time allocation motion

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

Mr. Speaker, what ignorance from that side of the House.

The fact is that for more than seven years, the governments, both the Liberals and the Conservatives, have not respected their treaty obligations.

Again, here is a quote from April 29, a resolution of the United Chiefs and Councils of Mnidoo Mnising First Nations. It says:

UCCMM First Nations has the right to free and prior and informed consent on anything that affects us. We have not given out free, prior or informed consent on any of the legislation passed by this sitting of the legislature.

Again, one of the bills is Bill S-8. There is no first nation that does not want fresh, clean water.

The minister spoke about the places he had seen where the government had invested in clean water, where there was water that people could actually drink. He is not talking about the ones where they cannot drink it. The minister is forcing first nations to have legislation that they cannot even afford to put a system in place.

First, will the minister put money with that? Second, will he agree that all first nations should be heard, especially the United Chiefs and Councils of Mnidoo Mnising 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, 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.

[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?

[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, 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.