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

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

moved:

That, in relation to Bill S-8, An Act respecting the safety of drinking water on First Nation lands, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and

that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill S-8—Notice of time allocation motion

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

Mr. Speaker, the safe drinking water for first nations act would allow our government, in co-operation with first nations, to ensure safe access to drinking water and to ensure the effective treatment of waste water and the protection of sources of drinking water on first nation lands.

However, I would like to advise that an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill S-8, an act respecting the safety of drinking water on first nation lands.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of the proceedings at the said stage.

Business of the House

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

Mr. Speaker, I thank the opposition House leader for his stream-of-consciousness therapy.

Our government, however, is very focused. Our top priority is jobs, growth and long-term prosperity. With that in mind, this afternoon we will continue second reading debate on the cornerstone item of our legislative agenda, which is Bill C-60, the economic action plan 2013 act, no. 1. We will continue this debate tomorrow.

Next Monday, May 6, will be the fourth day of second reading debate on this important job creation bill, and Tuesday May 7 will be the fifth and final day.

Once debate is concluded, the House will have an opportunity to vote on the substantive job creation measures in this bill.

On Wednesday, the House will debate Bill S-8, the Safe Drinking Water for First Nations Act. This will be the fourth time this bill is debated at second reading so it is my hope and expectation that this bill will come to a vote.

With the vote, there will be another clear choice before the House. Members will be voting to allow for national standards for on-reserve drinking water. This is a question of basic equality. I know the opposition voted against equality for women on reserves when it voted against Bill S-2, matrimonial property on reserves, but I hope they have stopped grasping at excuses to oppose equal treatment for first nations and will now support Bill S-8.

While I am speaking about aboriginal affairs, allow me to take the time to notify the House that I am designating, pursuant to Standing Order 81(4)(a), Thursday, May 9, for consideration in committee of the whole all votes under Indian Affairs and Northern Development in the main estimates for the fiscal year ending March 31, 2014.

On Thursday, we will continue to advance the economic priority of our legislative agenda by debating Bill C-48, the technical tax amendments act, 2012, in the morning. Following question period on Thursday, May 9, we will continue Bill S-9, the nuclear terrorism act at third reading. I understand there is broad support for this bill, so I hope to see it pass swiftly. Then we can move on to other legislation, including: Bill C-49, the Canadian museum of history act; Bill C-51, the safer witnesses act; Bill C-52, the fair rail freight service act; Bill S-10, the prohibiting cluster munitions act; Bill S-12, the incorporation by reference in regulations act; Bill S-13, the coastal fisheries protection act; and bill S-14, the fighting foreign bribery act.

Finally, Friday, May 10 will be the seventh allotted day, which I understand will be for the NDP.

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

Mr. Speaker, it was Harold Macmillan who once said, “Events, my dear friend, events”. That is the great variable.

As we know, we have had many events and we were delighted that we were able to get Bill S-7 approved by this House this past week, in response to events.

Today, we will continue with debate on the NDP's opposition day motion.

It being Victims Week, we will follow up on this week's passage of Bill S-7, the combatting terrorism act, with debate tomorrow on Bill C-54, the not criminally responsible reform act, at second reading.

Insofar as the government's agenda, there is actually a very significant cornerstone to that agenda; that is, of course, our economic action plan. Earlier this week, the House adopted a ways and means motion to allow for a bill implementing measures from economic action plan 2013. Our top priority is creating jobs, growth, and long-term prosperity, so if a bill following on the ways and means motion were to be introduced before Wednesday, we would give that bill priority consideration for debate Wednesday, Thursday, and Friday of next week.

In the interim, on Monday, we will return to the report stage debate on Bill C-15, the strengthening military justice and the support of Canada act. It is my hope that this debate will conclude on Monday so that we can have the third reading debate on that bill on Tuesday.

If we have the opportunity next week, we will continue the second reading debate of the not criminally responsible reform act. This is an important bill and I would hope that it will get to committee without delay.

The government will also give consideration to Bill S-8, the safe drinking water for first nations act at second reading; Bill C-52, the fair rail freight service act at report stage and third reading; Bill S-9, the nuclear terrorism act at third reading; and finally, Bill C-49, the Canadian museum of history act.

[Stella Ambler, Conservative, Mississauga South, ON]

Thank you, Minister.

I also note that out of the allocations in the main estimates for this, the ratio of operations to capital is actually, to me, quite positive. We're talking about $10 million for operating and $127 million in grants and capital. I'd say that was sort of indicating an investment in structural changes, which I think will benefit first nations well into the future.

I'd like to ask specifically, Minister, about Bill S-8, the safe drinking water for first nations act, which as you also mentioned is currently going through the House and is almost at second reading. We hope to see that here at committee soon.

Can you tell us how Bill S-8 will help provide access to safe drinking water, and specifically how it relates to the funds allocated?

[Bernard Valcourt, Conservative, Minister of Aboriginal Affairs and Northern Development]

Mr. Chair, first of all, let me say that I am pleased to be here today and honoured that the Prime Minister has appointed me to the role and responsibility of aboriginal affairs and northern development. As minister, of course, I look forward to working with you, Mr. Chair, and all of your committee members in order to advance our, I'm sure, mutual desire to see healthier, more prosperous, and self-sufficient aboriginal communities across Canada.

As some of you may know, I had a limited but most exciting stint in this department back in the 1980s. I served as the minister of state for, in those days, Indian affairs and northern development, mainly in charge of the native economic development program. Coming back almost 20 years later—I was very young then—I am pleased to see and I acknowledge that much progress has been made since then from settling land claims and specific claims, to achieving self-government agreements, to increasing economic development both on an off reserve. There is clear evidence that aboriginal peoples are participating more fully in Canada's social and economic life. That said, however, I also acknowledge—the government knows and I know—that more critical work remains to be done.

Over the coming weeks, I will be meeting with aboriginal leaders and communities across the country, including aboriginal youth, to advance dialogue on our shared priorities. In my short tenure thus far, I have already had the opportunity to meet with a number of aboriginal partners, including the National Chief; Métis and Inuit leaders; and representatives from the Native Women's Association of Canada. I look forward to working together with all of our partners.

I want to assure you that our government’s commitment to creating jobs, economic growth and long-term prosperity doesn't stop at the door of aboriginal communities or of first nations. We want aboriginals to take full advantage of all the economic opportunities that Canada has to offer. That is why we are taking action to address remaining obstacles and structural barriers that are preventing aboriginal people from achieving their full potential.

For example, we have heard from first nations who have been calling for improved education systems. That is a fundamental issue, one that I feel is key. We are responding to those calls, just as we are responding to calls to ensure access to safe drinking water on reserve. We are taking action.

But we are not only committed to making these structural reforms, we are also committed to supporting these reforms with the necessary resources, but in a way that is responsible, of course, as well as transparent, strategic and targeted. I believe that committee members will see that this commitment is made clear in my department’s 2013-14 main estimates and supplementary estimates (C) for fiscal 2012-13, which is what I am here to speak to you about today.

The 2013-14 main estimates, Mr. Chair, forecast departmental expenditures of approximately $8 billion. That's a net increase of $178 million, and is 2.3% above last year's main estimates.

That increase, at a time of economic uncertainty and fiscal prudence and of our commitment to Canadians to reduce the deficit, and eliminate the deficit, reflects our government's unwavering commitment to improving the quality of life for aboriginal people and northerners and to creating jobs and economic growth.

I'm sure you all know that last year's economic action plan included increased funding for Aboriginal Affairs and Northern Development Canada in several key areas over the coming year. This includes more money for the Indian Residential Schools Settlement Agreement and for the priorities we share with first nations, such as the first nations water and waste water action plan, first nations education, and other priorities. You can see this increased funding reflected in the main estimates.

Mr. Chair, I want to take this opportunity to maybe expand a bit on these items.

The main estimates include additional funds of $224.5 million for fiscal year 2013-14 to go towards the continued implementation of the Indian Residential Schools Settlement Agreement. This includes additional funding for claimants under the independent assessment process and the alternative dispute resolution and common experience payment program. It also includes funding for the administration and research required for the government to continue to fulfill its obligations under the agreement.

As you know, the Indian Residential Schools Settlement Agreement is court directed and agreed to by multiple parties, including legal counsel for former students, the Assembly of First Nations, and Inuit representatives. Our government, I can assure you, will continue to honour and respect the terms of the agreement.

The estimates also include $137.4 million for the First Nations Water and Wastewater Action Plan. Our government and first nations have a shared goal of ensuring first nations have the same access to safe, clean drinking water in their communities as all other Canadians.

Access to safe drinking water, the effective treatment of wastewater and the protection of sources of drinking water in first nation communities are critical to ensuring the health and safety of first nations. You may remember that Economic Action Plan 2012 included $330.8 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 in first nation communities.

More specifically, this money is going towards training for operators of water and wastewater systems on reserve and capital investments targeted at the highest risk systems. And we are already seeing results. We have seen the number of high-risk water systems on reserve decrease by more than 8% and we have trained hundreds of operators through the Circuit Rider Training Program.

These resources are only one part of our government's comprehensive long-term plan to improve on-reserve water and waste water, which is founded on three pillars: one, enhanced capacity building and operation training; two, enforceable standards and protocols; and three, infrastructure investments.

Bill S-8, the safe drinking water for first nations act, is currently before the House, and is a critical step toward ensuring that first nations have enforceable standards for safe drinking water on reserve. I hope that this bill will come before the committee soon.

The last area I'd like to expand upon is the $115 million for initiatives to improve first nations education, which is also included in the main estimates. Our government goal here is to provide first nations students with a quality education that provides them with the same opportunities and choices as other Canadian students. By improving the graduation rate, we will ensure that first nations students have the skills they need to pursue additional education, or enter the labour market and become full participants in a strong Canadian economy.

Economic action plan 2012 committed an additional $275 million over three years to support first nations elementary and secondary education. This included new resources to build and renovate schools on reserve, and to support early literacy programming and partnerships with provincial school systems.

We know that money is not the only answer. That is why we are committed to making the structural changes needed to improve literacy and graduation rates and to ensure students have safe and secure learning environments. All of that will help pave the way for the development of a First Nations Education Act. As you are aware, this project is currently the subject of intensive consultations across Canada. This legislation will put in place the structures and standards to support strong and accountable education systems on reserve.

We are committed to working with first nations parents, educators, leaders and others to have a First Nations Education Act in place by September 2014. It is an ambitious goal, but I truly believe that we can reach it. I hope committee members will support us in these efforts.

I cannot ignore the reality that my department, Aboriginal Affairs and Northern Development Canada, must demonstrate fiscal prudence. As you know, the department’s budget will be reduced by $240.1 million over three years. Of that amount, $160.6 million will be ongoing annual savings starting in 2014-15. We have achieved these savings by identifying departmental efficiencies and streamlining operations while protecting delivery of essential programs and services to first nations and northerners.

Supplementary estimates (C) for the fiscal year 2012-13 also contain key initiatives totalling $36.9 million. This includes $20.6 million to address urgent health and safety pressures on first nations communities, especially as they relate to evacuations in northern Manitoba and Ontario due to forest fires, recovery from flooding in Saskatchewan, and floods and storm surges in the Atlantic region under the emergency management assistance program.

There is $12.7 million for the urban aboriginal strategy, to reduce the barriers to urban aboriginal peoples' participation in the economy.

Mr. Chair, these investments and initiatives I've outlined today will contribute to the progress we are making in addressing issues facing northerners and aboriginal peoples in Canada, and will enable them to take advantage of all the opportunities Canada has to offer. Our plans support the partnerships, advance our legislative initiatives, and set the stage for continued progress. I'm confident they will drive progress on important issues of concern to aboriginal peoples, and indeed to our country as a whole.

If I want to give you a chance to ask questions, I better shut up. At this time, I'd be pleased to answer any questions that members of the committee might have on the content of these estimates.

Thank you, Mr. Chair.

Homes Not Connected to a Sanitation System

[Kellie Leitch, Conservative, Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour]

Mr. Speaker, I welcome the opportunity to take part in the debate on Motion M-400, which calls on the government to consider establishing a financial support program to help Canadians bring private residential sceptic systems up to standard.

The hon. member sees this as a means of protecting Canadian lakes, water quality and public health. Certainly, those are commendable goals, and our government is working hard to achieve them.

While I understand the good intentions with which the motion was put forward, the government will not be supporting Motion M-400. Since the regulation of sceptic systems is a provincial and territorial area of responsibility, we believe that the provinces and territories are best positioned to understand and respond to local issues of this nature.

Having said that, our government is doing its part to improve wastewater management and treatment. We have invested heavily in public wastewater infrastructure, providing approximately $1.8 billion since 2007. This funding has contributed to more than 1,200 wastewater projects across the country, and on an ongoing basis, we are providing municipalities with $2 billion a year through the gas tax fund, money that can be used to upgrade wastewater infrastructure through municipalities if they choose to do so.

The investment in the affordable housing framework announced by the federal, provincial and territorial ministers responsible for housing in July 2011 is another possible source of federal support. This framework provides for a combined investment of $1.4 billion over three years to reduce the number of Canadians in housing need.

Provinces and territories are responsible for program development and delivery, and they certainly have the capacity to direct funding to upgrade private sceptic systems if this is considered a priority by them.

The Canada Mortgage and Housing Corporation’s mortgage insurance can also help homeowners get funding to repair or replace their septic systems.

With mortgage insurance from CMHC, qualified homeowners can refinance their mortgages for up to 80% of the value of their home, and then use the resulting funds to make improvements to their plumbing or other systems.

I would also like to take the opportunity to comment on an area where the government has found an important role with respect to household septic systems. This role is in helping first nations to provide better water and waste water services on reserve.

Hon. members on both sides of the House will agree that the living conditions for many first nations communities are below those of other Canadians.

Working in partnership with first nations, our government is taking action on a number of fronts, including supporting first nations in operating their waste water and water systems on reserve. Each year our government provides approximately $197.5 million in water and waste water programs to first nation communities. This funding assists first nation chiefs and councils in their responsibility to plan and develop water and waste water systems on reserve. This is a significant investment, but we recognize there is more to be done to improve the health and quality of life for people in first nation communities.

Our government made a commitment to address on-reserve water and waste water issues on a priority basis, and subsequently released the “National Assessment of First Nations Water and Wastewater Systems--2009–2011”. We identified three key areas of action: enhanced capacity building and operator training, enforceable standards and protocols, and infrastructure investments. Progress has been made in each of these areas, and I am pleased to say that even bigger improvements lie ahead.

Canada's economic action plan 2012 provided for new investments of $330.8 million over two years to help first nations provide better water and waste water services to their residents. This investment, which is over and above the funding we provide annually, will sustain the progress that has been made to date in building and renovating water and waste water infrastructure on reserve. It will also support the development of a long-term strategy to improve water quality in first nation communities. As a result of this planned investment, risk levels will be reduced and access to clean water on reserve will improve.

Analysis shows that 60% of the risk identified in annual performance inspections of water and waste water systems relate to systems operations, maintenance, operator training and certification, as well as record keeping and reporting. To improve results in these areas, during the first year of this plan $32 million will be invested in training for first nations, and an additional $47.7 million will be invested to support operations and maintenance. New investments will also be made to support the construction and renovation of water and waste water treatment facilities.

In year one, capital investments of $47 million will be prioritized to target high- and medium-risk systems in over 50 first nation communities. Canoe Lake in Saskatchewan, Tallcree First Nation in Alberta and Nazko First Nation in British Columbia are among the communities that will benefit from this funding.

Finally, Health Canada will support first nations with an investment of $27.4 million per year to build capacity, enhance monitoring, increase public awareness and review project proposals from a public health perspective. Chiefs and councils will continue to be responsible for public health measures such as issuing drinking water advisories to affected communities, communicating the information to residents and addressing drinking water quality challenges.

Once this two-year plan is fully implemented, our government will have invested approximately $3 billion between 2006 and 2014 to support first nation communities in managing their water and waste water infrastructure. Clearly the government attaches great importance to this issue. We are making the investments needed to achieve results.

Another way our government is taking action is by introducing legislation that will enable us to develop, with first nations, enforceable drinking water regulations and standards to be applied on reserve lands. As hon. members know, Bill S-8, the safe drinking water for first nations act, was introduced in the Senate last year. The proposed legislation is the product of discussions between the government and first nations on safe drinking water legislation and enforceable standards over the past five years. Bill S-8 has been approved by the Senate and is now awaiting second reading here in the House. I urge all members to support this meaningful legislation.

In closing, let me reiterate that the proposal from the hon. member would take the Government of Canada into an area of provincial and territorial responsibility. For this reason, Motion No. 400 will not be supported by the government. We will, however, continue to work co-operatively with federal and provincial governments and with first nations to protect public health, preserve the environment and improve the quality of life of Canadians. We will do so by continuing to focus our attention and investments in areas of federal responsibility where they can have the greatest impact.

Opposition Motion—Aboriginal Canadians

[John Duncan, Conservative, Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I am pleased to rise today to speak to the motion by the member for Nanaimo—Cowichan. The member's motion calls for improved economic outcomes for first nations, Inuit and Métis, and a commitment on treaty implementation and meaningful consultation on legislation with aboriginal peoples in Canada.

I am proud of our government's record on improving the lives of aboriginal people in Canada. Since 2006, our government has made unprecedented investments that will make a concrete difference in the lives of aboriginal people, including skills training, housing on reserves, potable water, schools, treaty rights, protection of the rights of women and the resolution of land claims.

For example, we have built over 30 new schools on reserve and renovated more than 200 others. We have invested in a major way in safe drinking water systems. We have built over 10,000 new homes and renovated thousands more. We have increased funding for child and family services by 25%. We have legislated that the Canadian Human Rights Act will apply to first nation individuals living on reserves. This was a glaring discriminatory provision in the Canadian Human Rights Act, which we reversed, over the objections of the opposition.

We introduced legislation to improve the accountability of first nation governments to their people. We introduced legislation to create an open and transparent elections process, necessary for economic development. We have settled over 80 outstanding land claims, many of which had been languishing for 20 years in the hopper. We have invested in over 700 projects, linking aboriginals across Canada with job training and counselling services.

I have had a long history with first nations and have seen a lot of change over the years. I am very encouraged to see firsthand many examples of strong first nation leadership driving very positive change.

Aboriginal peoples represent the fastest growing population in Canada. Given the country's labour shortages and the proximity of first nation communities to resource development projects, there is a tremendous economic opportunity before us. That is why we have consistently invested in measures to improve aboriginal participation in the economy.

Like economic action plan 2012, economic action plan 2013 will be focused on jobs and opportunities for all Canadians, including first nations, Inuit and Métis.

Finding ways to ensure that first nations can benefit from resource development is a priority. It is good for first nations, for Canada, for our Métis and for our Inuit. Our government is investing in measures that will help ensure that first nations are well-positioned to take advantage of these and other economic opportunities. For example, our government has invested in over 700 initiatives to link aboriginal people with job training, mentoring and other supports. We also invest more than $400 million annually in direct funding for aboriginal skills development and training.

My department's major projects and investment funds initiative has also contributed over $22 million to support aboriginal participation in 87 energy and resource projects, such as hydro, mining, renewable energy and forestry. These contributions have helped create over 400 jobs and levered just over $307 million from public and private debt and equity financing sources.

In addition to these investments, our government has worked to modernize legislation to allow first nations and aboriginal organizations to operate at the speed of business. Last year, our government introduced Bill C-27, the first nations financial transparency act to allow first nations community members access to the same basic financial information about their government and their elected officials available to all other Canadians.

More specifically, the bill would require first nation elected officials to publish their statements of remuneration and expenses as well as their audited consolidated financial statements. The bill would provide community members with the information required to make informed decisions about their leadership and to provide investors with the confidence they need to enter into financial partnerships with first nations.

Now that the legislation is before the Senate committee, we hope to see it passed into law very soon.

The first nations financial transparency act was driven by grassroots first nation members who were calling for greater accountability from their governments. Many of these people have suffered retribution, including intimidation and verbal and physical abuse, for having spoken in support of greater transparency and accountability.

Another important legislative initiative that would foster jobs and economic growth is Bill C-47, the northern jobs and growth act, which includes the Nunavut planning and project assessment act and the Northwest Territories surface rights board act, along with related amendments to the Yukon Surface Rights Board Act. Together, these measures would fulfill outstanding obligations under the Nunavut Land Claims Agreement, as well as the Gwich'in and Sahtu land claims agreements, and respond to calls for measures to streamline and improve regulatory processes in the north. The bill is currently being studied by the Standing Committee on Aboriginal Affairs and Northern Development.

Amendments to the land designation sections of the Indian Act that comprised a portion of Bill C-45 would also create economic opportunities. These amendments would speed up the process for leasing lands for economic development purposes, while allowing first nations to maintain full ownership of their lands. As a result, it would provide greater flexibility for first nations to act on time-sensitive economic development opportunities. These amendments responded directly to first nations who had expressed frustration to me, to the standing committee and to other members with the overly complex and lengthy process of designating land, which was an impediment to investment opportunities.

I quote from Chief Shane Gottfriedson, chief of the Tk'emlúps Indian Band in British Columbia, speaking about these changes to the land designation process in Bill C-45. “[Before the changes] it was just horrific for us to try and do any sort of business within our territory”.

Chief Reginald Bellerose of the Muskowekwan First Nation in Saskatchewan also spoke in favour of the changes: “[Muskowekwan First Nation] recognizes the positive steps the federal government has made to assist First Nation communities to operate in a more efficient and commercial manner. Specifically, Bill C-45 provides for a more efficient land designation vote process”.

We have heard from first nations that they want to be able to move at the speed of business and we continue to work with willing partners to remove economic barriers to the success of first nation communities as they seek out opportunities to generate wealth for their communities and their members.

If further proof was needed that legislative action can speed economic development, I would like to point to my announcement just last week on new regulations under the First Nations Commercial and Industrial Development Act that will allow the Kitimat natural gas facility on the Haisla First Nation's Bees Indian Reserve No. 6 to move forward. The Kitimat LNG facility will provide Canada's energy producers with a doorway to overseas markets. It will create well-paying jobs and economic growth opportunities for the Haisla First Nation and the entire northwest region of British Columbia.

We have also invested in modernizing the land management regimes for first nations so that they can unlock the potential of their lands and natural resources. This past month I announced that eight more first nations will soon be operating under the First Nations Land Management Act. These first nations have chosen freedom from 34 land-related sections of the Indian Act, which were holding them back from achieving their full economic potential. They now have power over their own reserve lands and resources so that they can take advantage of economic activities without wading through bureaucratic red tape.

This is in addition to 18 other first nations that I announced last January, making a total of 69 first nations that can now develop their own land codes, which will allow them to more quickly and effectively pursue economic opportunities and create jobs. Through these initiatives we are putting in place the building blocks for future success. These foundational pieces will help prepare communities to take advantage of new economic opportunities available to them.

We are a business-like government. We like to obtain concrete results. We are making unprecedented investments in the spirit of partnership and we recognize historical grievances. This is why we have settled outstanding land claims that have been long languishing.

The government is committed to continue building on the progress we have made to improve living conditions for first nations and to create jobs and economic opportunities in their communities. Specifically, we are committed to expediting comprehensive claims and treaty implementation. We all recognize that while much progress has been made, more work remains to be done. We are taking steps to improve land claim and self-government negotiation processes. This includes identifying alternatives to negotiations that meet the interests of the parties as well as practical measures to make sure that first nations are ready and able to fully engage and participate in the process.

In some cases there are alternatives to comprehensive claims and we are good with that. For example, the Haisla, the Squamish First Nation and Westbank First Nation are not specifically interested in pursuing treaties. They realize there are other measures that can and have been put in place, which are expediting the conditions for economic prosperity for their communities. We are also involved currently in self-government negotiations on a number of historic treaties. An example of that is the Sioux Valley Dakota First Nation in Manitoba, where we anticipate imminently the conclusion of self-government negotiations.

There is a clear link between the strength of the relationship and the economic prosperity of first nations and all Canadians. Protection of aboriginal treaty rights and consultations with aboriginals are enshrined in our laws, which have been passed by this Parliament. This government fully respects our duty to consult. That is why we have conducted more than 5,000 consultations annually. As minister, I have visited over 50 first nation communities since 2010 and I have had hundreds of productive meetings with first nation chiefs, councillors and community members across Canada.

This government also undertook unprecedented consultations on Bill S-8, the safe drinking water for first nations act. We are currently in the midst of intensive consultations with first nation leaders, teachers, students and educators in the development of a first nation education act. I would like to highlight some of the important work that has been done on the development of a first nation education act.

In economic action plan 2012, our government committed to work with willing partners to establish a first nation education act that will establish the structures and standards to support strong and accountable education systems on reserve. Through intense consultations, we have committed to work with willing partners to have the legislation in place by September 2014. We are determined to follow through on this commitment.

First nation students are the only children in Canada whose education system is not governed by legislation. Our government, unlike previous governments, is committed to bringing forward such legislation. The legislation would provide the modern framework necessary to build standards and structures, strengthen governance and accountability, and provide the mechanism for stable, predictable and sustainable funding.

I would like to add that, as recently as yesterday, I met with the first nation education steering committee in British Columbia. We have other examples, such as Mi’kmaw Kina’matnewey in Nova Scotia, where these parameters are already in place. An important part of our consultation is to meet with first nation authorities that have already done much work in this area and are obtaining results of the kind that are setting a great example.

We are making other investments. We have also invested an additional $100 million over three years to help ensure readiness for the new education system to be put in place by September 2014. We committed an incremental $175 million, on top of the $200 million that we spend on an annual basis, to new school projects. It is unfortunate that the member who brought forward today's motion chose to vote against these investments in first nation education.

This past December I announced the launch of intensive face-to-face consultation with first nation parents, students, leaders, educators and others on the initiative. The first in a series of sessions began in Halifax last week. The second session will be in Saskatoon next week.

I want to state very clearly that there is no legislation drafted. The purpose of these ongoing consultations is to get views and feedback so that legislation can be drafted. The input gathered during consultations will help shape the drafting of the legislation. Once drafted, the proposed legislation will be shared with every first nation across Canada, as well as with provincial governments and other stakeholders for feedback.

Modern land claims and self-government agreements can also provide a path to self-sufficiency and unlock economic opportunities. We are working in partnership with first nations on a new results-based approach to treaty and self-government negotiations to achieve more treaties in less time so that aboriginal communities can begin to unlock economic opportunities that can be realized through treaties.

Under the new approach, our government will focus its resources on tables with the greatest potential for success to bring treaties to fruition. The chief commissioner of the B.C. Treaty Commission is strongly supportive of our new approach, saying that she is encouraged our government is accelerating progress. We have heard first nations' concerns and we are delivering necessary change. It is also clear that there are options to the treaty process. Our goal is to achieve treaties where we can and to develop options to treaties where we cannot.

I will conclude by saying that moving forward will take time and dedicated effort from all parties. We are fully committed to taking further steps along this journey. We will continue to focus on real structural reforms and increasing the effectiveness of long-term investments.

Business of the House

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

Mr. Speaker, I want to start by thanking everyone involved in supporting us as members of Parliament in Tuesday’s voting. Despite all of the amendments at committee and in the House, the balance of the government’s 2012 economic action plan will become law shortly.

This afternoon, the House will resume consideration of second reading of Bill C-15, the Strengthening Military Justice in the Defence of Canada Act. Once that has concluded, we will turn to report stage of Bill C-37, the Increasing Offenders' Accountability for Victims Act, Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act, and Bill C-43, the Faster Removal of Foreign Criminals Act.

We will continue working on these bills tomorrow.

Monday shall be the seventh allotted day, which goes to the New Democrats. This gives the official opposition one last opportunity before the new year to lay out its plans and schemes for a $21.5 billion job-killing carbon tax that will raise the price of everything.

For the rest of the week, I hope to advance a lot of legislation that continues to sit on the order paper. In addition to the bills I mentioned already, we will also consider Bill C-48, the technical tax amendments act, 2012; Bill S-8, the safe drinking water for first nations act; Bill S-2, the family homes on reserves and matrimonial interests or rights act; Bill S-6, the first nations elections act; Bill S-10, the prohibiting cluster munitions act; Bill C-49, the Canadian museum of history act; Bill C-17, the Air Canada and its associates act; and Bill S-7, the combating terrorism act, once that bill has been reported back from committee next week, which I anticipate.

[John Duncan, Conservative, Vancouver Island North, BC]

That's a very good question.

From 2006 to 2014 we will have invested more than $3 billion in this project. We need Bill S-8. This is why we introduced Bill S-8, the Safe Drinking Water for First Nations Act. As we build capacity in first nations and as we continue to improve everywhere, we need national standards, or regionally sensitive standards but national legislation, to deal with all this.

We will get to a steady state on required investment at some point. I'm not sure when that will be. We'll obviously need another pretty comprehensive assessment at some point.

[Michael Wernick]

It is per year for each of two years. That's a two-year extension of the level of activity.

It will be a slight fall-off—I'm sure you've done the math—because there was a little extra injection of resources due to the stimulus package in Canada's economic action plan. If you follow the year-over-year numbers, the annual investments follow a pattern. If I start in 2008-09, it is $308 million. Then you get a peak, because of the stimulus package, of $380 million and $395 million. It drops down to $311 million and goes up to $330 million. I'll have to leave the numbers with you. That's the sort of zone of investment we're in.

The water strategy the government has been pursuing since 2007 has three parts to it, and I know that you're very familiar with this. This is for other members. One part clearly is investing in infrastructure. You need the plants for water and waste water. The second part is training of operators. We all know the stories of Walkerton and Prince Albert and so on. There are things that need to be done. The third pillar, in the government's view, is enforceable standards, and that's why Bill S-8 is before Parliament.

Indian Act Amendment and Replacement Act

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, I am very pleased to have the privilege of talking about an issue as important as the one addressed in Bill C-428. I believe that this bill is important because it tackles the horrible Indian Act of 1876. There can be no doubt that this bill is one of Canada's most archaic colonial legacies. That is why I commend the member for Desnethé—Missinippi—Churchill River on his initiative. However, it is not enough. It is too little, too late. The Conservative government should consider a much farther-reaching rewrite of the Indian Act and a much more open process.

As a New Democrat, I believe that a complete overhaul of this cursed bill should be led by aboriginals. If the changes are imposed unilaterally, then what, really, has changed? That is why Bill C-428 seems inappropriate.

I will explain why this bill is not likely to go down in history. I do not claim to have a plan to make up for 136 years of colonialism, but I can say that ideally, new legislation should be drafted in collaboration with aboriginals, be introduced by the government and honour the goals of the UN Declaration on the Rights of Indigenous Peoples. Because Bill C-428 does not satisfy any of these conditions, I cannot support it.

I want to begin by pointing out that the goal of the 1876 act was the assimilation of all aboriginals and their forced integration into what was then a fledgling Canadian society. When I visit Manawan, people there are still speaking Atikamekw in 2012. In that respect, the act failed. It also includes many provisions that make life difficult for aboriginals. The government will have to do better than a private member's bill to fix it.

In 1969, the Liberal Party tried to get rid of the act in order to integrate aboriginals into Canadian society. That was supposed to happen without compensation, without special status, and with no respect for treaties signed in the past. As one, aboriginals rejected the idea, but that does not mean they wanted to keep the Indian Act. Quite the contrary.

In their red paper, aboriginals stated that it was neither possible nor desirable to abolish the Indian Act. They said that a review of the act was critical, but that it should not happen until treaty issues were resolved. Some 45 years later, that issue is still outstanding.

Other attempts were explored in this House. In 1987, a list was made of discriminatory provisions in the Indian Act, and this led to a bill. Later, in 2003, the Liberals introduced Bill C-7, which, once again, was heavily criticized by first nations. The Conservatives are now bringing forward Bill C-428, a private member's bill, which seems just as irrelevant as other attempts.

In the words of Einstein, “Insanity: doing the same thing over and over again and expecting different results.” In my opinion, this quote points to what is clearly lacking in Bill C-428: a different approach. Perhaps this flaw is the reason why there is very little support for the bill outside the Conservative caucus. The chief of the Assembly of First Nations, Shawn Atleo, said that this bill is along the same lines as the policy espoused in the 1969 white paper.

Had the Conservatives listened to Mr. Atleo, they would have understood that what to do with aboriginals is no longer the question. In the 21st century, the question is: what do aboriginals want to do with us?

Bill C-428, which the Assembly of First Nations has said came out of nowhere, does not reflect the current reality. During the Crown–First Nations Gathering, the Conservative Prime Minister spoke at length about how his government would work with the first nations.

Aboriginal peoples were not consulted about Bill C-428, or about Bill C-27 or Bill S-8. When the government promises something—and especially something so important—it must follow through. It is shameful to see that this government is not keeping its own promises.

Speaking of broken promises, the government committed to removing the residential school provisions from the Indian Act. We can see that the government preferred to hide the clause in a private member's bill. The NDP thinks that something so important should come from the government, and with apologies, no less. The government must take responsibility and come up with a real, serious solution to replace the Indian Act.

Bill C-428 contains some clauses that seem to be chosen at random, when they are not downright negative. For example, the elimination of the provisions dealing with wills and estates could put aboriginal people in a very frustrating legal void. Does the bill's sponsor understand its implications?

Finally, we must recognize that the living conditions of aboriginal people are getting worse all the time. While the first nations communities are experiencing an ongoing demographic boom, their social services budgets are increasing by only 2% a year, thanks to the Liberals. The fact that the social services budgets for other Canadians are increasing by 6% a year does not seem to bother the government at all.

Malnutrition and education problems are hitting first nations communities hard. I am afraid that the Prime Minister will have to do more than give a medal to Justin Bieber to make young aboriginals forget about this sad reality. When the government decides to really tackle the problems resulting from the Indian Act, I will be there.

Furthermore, I expect that the proposed measure will be very much in line with the United Nations Declaration on the Rights of Indigenous Peoples. This declaration, which Canada ignorantly refused to support, recognizes the specific needs of aboriginal people. It recognizes their right to be consulted about the use of resources on their land. Do we not owe at least that to those who played key roles in our history and the development of our economy?

If the government does not change its attitude toward the first nations, they will understand that the NDP is the only party that can offer them a truly open consultation process. We want to help them to govern themselves. Other Canadians need to know that the excellent social services they receive must also be provided to aboriginal people, in a spirit of sharing and recognition.

The Indian Act needs to be revised, but not without real consultation, clear objectives and a detailed plan of steps to follow. Unfortunately, Bill C-428 does not meet any of these criteria.

First Nations Financial Transparency Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is interesting that Canada's Auditor General has actually been talking, for a while now, about the excessive amount of paperwork in terms of first nations having to report. In fact, the Auditor General's office has been calling on the government to take action to reduce unnecessary first nation reporting requirements.

When we take a look at Bill S-8, which should have had a great deal of discussion prior to its introduction, or even its drafting, one could question whether or not the government is fair in saying that it will not increase reporting requirements. We know Bill S-8 is going to do nothing to address that particular issue of reduction.

I wonder if the member of Parliament would like to provide comment on that important issue, which the Auditor General has raised.

Safe Drinking Water for First Nations Act

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, it is an honour to stand in the House on behalf of my constituents from Surrey North to speak to Bill S-8, An Act respecting the safety of drinking water on First Nation lands.

Before I get into the bill, the title of it would have one believe that the Conservatives are actually going to do something about safe drinking water for first nations. It uses the word “respecting”. To me, respect is listening to the very people that this legislation is going to impact. Respect is to listen to their concerns and implement some resolutions to those concerns as part of the solution for creating a better environment for clean water and waste water systems for first nations. This bill would not do any of that.

We have heard debate in the House on this bill, we have heard testimony in committee and we have heard from experts that the government is not listening to first nations. It has, in fact, failed to consult the very people who are going to be impacted by this particular legislation. The word “respecting” is very misleading, because the government is not respecting the very people who would be impacted by this legislation.

We in the House all agree on the need for clean water and water systems accessible to first nations. A fundamental right of Canadians is to have access to free and clean drinking water. In fact, after Russia and Brazil, we have the third largest supply of clean water in the world. Yet first nations are having difficulty accessing clean and safe water for their drinking needs, and that is not acceptable to Canadians. In this day and age, we need to provide clean water for first nations. It is doable. We have heard in the House that we can provide safe, clean water, but it needs a commitment from the government to invest in first nations so they have access to clean water.

This issue of clean water has been boiling for the last 10 or 15 years, as far as I know. The Liberals tried to fix it and I know the Conservatives have tried a piecemeal strategy to address the needs of first nations, but over a period of time they have failed again and again because there was no substance in previous bills, or even this one, to help them get clean water. In fact, this particular bill does not provide the investment for first nations to build the infrastructure needed for access to clean water.

Having clean water is a fundamental right. Not only that, but it helps first nations build their economy and improves their health. If they do not have good health, it is going to impact the economy. If the Conservatives are truly worried about building an economy and providing jobs to first nations youth, it is important for government to step up to the plate. It has been saying for many years that there is going to be clean water for first nations, but their words are hollow.

All this legislation would do is provide for a regulations framework. That is all it would do. It would not provide the infrastructure or investment that is needed. All it would do is provide for additional regulations that will be put on first nations. The government did not even consult first nations, the very people who are going to be impacted by this legislation. In order to put a system in place that provides clean water for first nations, it is very important to consult those people. Yet the Conservatives failed to do that.

The Prime Minister talked about building a new relationship with the first nations. What I believe he meant was to consult with first nations. It is our duty to consult first nations when bringing in legislation that would impact them. I believe his words were hollow when he said that we would build a new nation by consulting first nations. Clearly, this legislation would not do that at all.

Not only do we need infrastructure and additional investments in our communities to provide them with clean water, but also for waste water that ends up in our lakes and streams. The government is focused on cutting the very regulations that help protect our lakes, rivers and oceans. Not only is it not providing the infrastructure needed to treat the waste water that would be released into our lakes and rivers, it is gutting the environmental regulations that we have in place to ensure that Canadians across the country have adequate access to clean safe water.

Over the years, we have seen the numbers. Hundreds of first nations communities across the country have been under boil water advisories. In Ottawa and back in Surrey, we take it for granted that we can turn on the tap and drink the water. However, hundreds of communities across the country do not have access to clean water and are under a Health Canada boil water advisory. This is happening in the 21st century. We are trying to build that new relationship that the Prime Minister so often talks about but the government is not delivering on its promises of trying to help the first nations.

Over the last couple of weeks, we have seen legislation brought in by the government, whether it is the transparency act or matrimonial land rights, without any consultation with the first nations people. The courts have told us that it is our fiduciary duty to consult with first nations on any legislation brought into the House that concerns them. We need to hear their views. Not only must we consult with first nations, we must also work with them toward addressing the concerns that they have brought forward.

This is a hollow bill that fails to address the very things that need to be addressed. Over and over again, the Conservatives are failing to address the very needs of the first nations. They never talk about housing or education for our young people. They never talk about investing in young people so that the cycle of poverty in our first nations can be broken.

The government talks about spending millions of dollars and investing in first nations but its own report called upon the government to implement a strategy over a period of time wherein additional investments into drinking water for first nations would take place over 10 years. The government has not only failed Canadians but also first nations by not investing and providing the infrastructure that is needed for clean water and waste water management. The bill would not address any of the concerns that the first nations have brought forward, and Canadians are aware of some of those issues as well.

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, there are a couple of things my colleague mentioned that really ring true.

I mentioned the Kashechewan First Nation crisis from 2005. My community of Sudbury really stepped up and supported many of the people who were evacuated from that community. In Sudbury we all learned a very valuable lesson that day, that not everyone has access to the drinking water and the wastewater systems we take for granted.

As I mentioned, those young kids and adults turning the tap on and off really burned an image into my mind that we had to stop just talking about this. We need to make the investments in infrastructure to ensure that we are supporting our first nation communities.

I do not believe Bill S-8 would address this in the way that we need to support our first nation communities. We need to fix this. We need to fix it now and I think we have the opportunity to do so, but it is not through Bill S-8.