Bill C-61

First Nations Clean Water Act

An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands

This enactment affirms that the inherent right to self-government, recognized and affirmed by section 35 of the Constitution Act, 1982 , includes the jurisdiction of First Nations in relation to water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands. It sets out principles, such as substantive equality, to guide the provision for First Nations of clean and safe drinking water and the effective treatment and disposal of wastewater on First Nation lands. It provides for minimum standards for water quality and quantity and wastewater effluent. It also provides pathways to facilitate source water protection.

[Desmond Mitchell]

In closing, I want to emphasize that while Bill C-61 is well intentioned, it overlooks the most critical element of water management, which is the people who operate the systems. Without proper support, training and infrastructure, many first nations simply won't be able to meet the standards set by this bill.

We must address the foundational issues before imposing new regulations and guidelines.

Thank you.

[Desmond Mitchell]

Good morning, members of the committee. My name is Desmond Mitchell, and I am grateful for the opportunity to speak with you today.

I'm a certified water operator with over 15 years of practical experience in working in and managing water utility systems. I had the privilege of establishing a utilities department for Tsuut’ina Nation, focusing on capacity building and skill development within the community.

Additionally, I collaborate with various organizations, including Water Movement; NIWAC, the National Indigenous Water Advisory Committee; and TSAG, the Technical Services Advisory Group. My work, along with others, has extended to a variety of first nations water initiatives across Canada.

Today I am here to voice my concerns about Bill C-61 from an operational standpoint.

I want to make one thing clear from the start: As someone who worked at many levels of water systems operations, I am deeply concerned about the practical impact this bill will have, particularly for water operators and public works staff. Quite simply, the operational foundation in many first nations communities is not yet ready. The reality is that many first nations communities do not have the technical capacity to manage their water systems in the way that this bill assumes. Throughout Water Movement, we have consistently demonstrated that there is a severe lack of support for water operators in first nations communities. Many operators work in under-resourced environments, often without access to ongoing training, mentorship or tools they need to do their jobs effectively.

Becoming a certified water operator is not something that happens overnight. It requires years of training, experience and support. It also requires a fully functional system in place, a support network that includes public works staff, proper infrastructure and access to professional development. Developing a capable and self-sufficient utility or public works department takes decades, especially when starting from a lower operational baseline.

The biggest concern I have with Bill C-61 is the liability it places on first nations, especially when so many communities are already struggling to retain dedicated and qualified operators. Water systems are complex, and they require not just skilled operators but an entire public works team that is properly trained, well-supported and fully staffed. Without a qualified and stable team in place, this bill is essentially a disaster waiting to happen. When water systems fail, it's the community that suffers, not just in terms of health risks but also in legal and financial consequences. By shifting responsibilities onto first nations without ensuring the proper operational support is already in place, this bill risks creating situations in which first nations are held liable for system failures that they simply don't have the capacity to prevent or manage. I also note that first nations will be liable for systems that have been diminished by lack of funding in previous years.

In its current form, the bill assumes that first nations can meet these new responsibilities, but the reality is that many communities are not equipped to take on the added burden. If there aren't enough certified operators or if the public works teams are stretched too thin, we'll see serious consequences. Infrastructure will fail, water quality could drop, and ultimately it'll be the first nation that faces the fallout—legally, financially and operationally. Simply put, without the proper support for retaining qualified operators and building robust public works teams, this bill is setting many communities up for failure.

Another major concern is that the consultation process for this bill largely overlooked the voices of those who are most affected: the water operators and public works staff who are responsible for the day-to-day management. We are the people who deal directly with the challenges of aging infrastructure, a lack of resources and gaps in operational support. We are the ones who understand what it takes to run water systems, because we do it every day. By not consulting directly with the water operators and public works teams, this bill overlooks the operational reality that many first nations are not prepared to handle.

I believe Bill C-61 needs to be reconsidered, with a focus on the operational foundation of first nations water systems.

This solution cannot be a top-down approach. It needs to start with the people on the ground, such as operators, public works staff and the departments tasked with managing these critical systems.

Before moving forward with strict timelines and standards, we need to focus on capacity building. My recommendations for this include the following—

[James Hotchkies, Professional Engineer, Ontario Society of Professional Engineers]

Okay. That sounds good.

As articulated in UN sustainable development goal number 6, access to safe water, sanitation and hygiene is the most basic human need for health and well-being.

Now that we're over two decades into the 21st century, it's completely unacceptable for any community in Canada to have inadequate access to safe and affordable drinking water or to safely managed sanitation.

Effective management and ready access to safe water supply and sanitation is essential not only to health but also to poverty reduction, food security, peace and human rights, ecosystems and education, yet today, many first nations communities across Canada have lived under long-term boil water advisories for many decades.

This bill would recognize the first nations' stewardship over their own water resources and infrastructure and improve the potential to develop the most appropriate and effective infrastructure models and solutions for their communities.

While Canada has well-developed infrastructure across the country, the models and solutions that have been successfully deployed in Toronto or Vancouver or even in small towns throughout Alberta or Quebec may not be the best options for first nations communities in northern Manitoba or even those along the St. Lawrence. In fact, as Canada tries to accommodate major population growth in peri-urban or rural communities, the infrastructure models developed in the early part of the 20th century may no longer be the most appropriate solutions. Increasingly around the world, decentralized solutions that reflect the needs and capabilities of local communities are gaining traction.

It's positive to see the responsibility for the management of resources and services being localized to first nations communities. Local influence can enhance the adoption of the most appropriate solutions for that specific community and also accelerate the adoption of better and more advanced technologies and processes. Without question, as we try to embrace sustainability in a circular economy, decentralized solutions that reflect the unique nature of an application or community may offer the most effective options for managing this essential resource.

However, Bill C-61 doesn't come without its complexities. The management of water resources poses significant transboundary issues, both on the quality of water entering the community from an external source and on the effluent that may leave the community and migrate to adjacent sites. A strong consultative framework will be required to navigate through these issues and ensure that the health and safety of all Canadians are of paramount concern.

Many existing water and waste-water regulations, standards, operating practices and treatment processes have been developed over many decades, and often from the perspective of larger centralized utility models. These may not be the most effective or appropriate options for small communities that are often remote.

Solutions for many of these applications will have to recognize potential obstacles, from the lack of readily available expertise or spare parts to power supply issues and the need for location-specific training and maintenance resources. Encouraging the development of solutions that reflect and embrace the needs and interests of smaller localized populations, such as first nations communities, could contribute significantly to the goals of sustainability and circularity.

Thank you.

[Dr. Joss Reimer, President, Canadian Medical Association]

Thank you, Chair.

My name is Dr. Joss Reimer. As president of the Canadian Medical Association, the CMA, I'm grateful for this opportunity to speak about the direct link between water and health.

As a public health physician, I was trained in the topic of water quality and am very familiar with the various factors that can make water unsafe.

Canada holds much of the world's fresh water. It is our responsibility to protect this critical resource for future generations. The CMA is committed to working in partnership and reciprocity with indigenous peoples to advance reconciliation in health care.

Indigenous health is intrinsically linked to the health of the land and water. Without protecting remaining clean water sources, we risk environmental damage and loss of life.

Water insecurity is a matter of life and death for many indigenous communities. In addition to the infectious risks of unsafe water, long-term drinking water advisories have been linked to higher suicide rates in first nations communities, exposing the lethal cost of inaction.

“Water is life” is a truth that must guide us to protect indigenous rights and this sacred resource. It's a plea for action. We must protect these communities to ensure that everyone thrives and not just survives.

We look to the government to invest in health priorities identified by indigenous organizations to achieve measurable, ongoing improvements in health and wellness. We must listen to the voices of indigenous communities calling for careful reconsideration of its provision to ensure self-determined maintenance of essential drinking water and waste-water infrastructure.

The CMA supports the amendments raised by chiefs and first nations, specifically acknowledging that access to drinking water as a fundamental human right, and we urge the swift passage of Bill C-61.

Chair, the CMA has long believed that health is a basic human right. Ensuring safe and sufficient drinking water is essential to better health and wellness. We rarely learn about the toxicity of source water in medical school, but those who work in indigenous communities see the impact first-hand. As a public health physician, I myself have issued many temporary boil water advisories in my career. Seeing the disruption that a short-term advisory can have on the daily lives of community members and businesses makes it all the more striking to consider that this is a daily reality for many indigenous communities.

Everyone in Canada, including those who live in remote and indigenous communities, should have the same confidence in the quality of their water supply as those who are living here in Ottawa. It is not lost on me that we are here in this space with clear, clean drinking water in front of us today.

We want families, no matter where they live, to be able to fill their glasses with potable water, free from toxins. Everyone should be able to cook with water that enriches their health and does not endanger it. They should be without fear of exposure to harmful contaminants. Who shouldn't be able to teach their children that water is a source of life and not a potential hazard?

Representing the physicians of Canada, the CMA strives to build sustainable health care systems inclusive of indigenous knowledge. We call on governments to prioritize and invest in policies that address the determinants of health, including the historical and ongoing impacts of colonization, income, education, employment, food security and, indeed, safe water.

Addressing water security and climate resiliency is also key to closing the health disparities between indigenous and non-indigenous communities. Protecting water security goes hand in hand with confronting climate change. It's a crisis that strikes indigenous communities hardest and threatens their way of life. The factors that drive climate change and poor health are closely connected.

Indigenous peoples face a dire lack of health services, particularly in remote communities, and they experience anti-indigenous racism in our health systems. They experience a lack of cultural safety and a disregard for indigenous health and healing models.

In conclusion, Bill C-61 is a step toward ensuring clean water and better health outcomes for all. We support the legislation's commitment to establishing safe water infrastructure in, on and under first nations lands, in co-operation with first nations and in a way that is consistent with Canada's obligations to first nations. Improving health outcomes for indigenous peoples must start with indigenous voices leading the way.

I thank you for your time today.

[The Chair, Liberal, Patrick Weiler]

I call this meeting to order. Welcome to meeting number 120 of the House of Commons Standing Committee on Indigenous and Northern Affairs.

As always, I want to acknowledge that we are gathered on the ancestral and unceded territories of the Algonquin Anishinabe peoples and express gratitude that we're able to do the important work of this committee on lands they've stewarded since time immemorial.

We do have a witness who will join us shortly. They are having some technical issues, but I wanted to make sure we got started so we don't waste any more time.

Pursuant to the order of reference of Wednesday, June 5, 2024, the committee is resuming consideration of Bill C-61, an act respecting water, source water, drinking water, wastewater and related infrastructure on first nation lands.

I want to welcome our witnesses who are both here today in person and joining us by video conference.

Welcome, Dr. Joss Reimer, president, Canadian Medical Association.

From the Water Movement, we have Candace Cook, Deon Hassler, Bita Malekian and Desmond Mitchell, all joining by video conference.

Very shortly, we will have Mr. James Hotchkies from the Ontario Society of Professional Engineers.

We'll start off with five minutes for introductory remarks for each of the witnesses.

We'll start with Dr. Reimer. The floor is yours for five minutes, please.

[Grand Council Chief Linda Debassige]

I don't believe Bill C-61 speaks to the solution to the housing crises and the infrastructure crises. I'm actually a trained civil engineering technologist. I am educated and experienced in that. Although there are, I would say, connections to the drinking water crisis, I believe all three need their own respective legislation.

Today we're talking about clean, safe drinking water. Reports commissioned by the Assembly of First Nations have been provided to the Government of Canada—and MPs have access to those—in relation to closing the gap. There's also a housing and homelessness report. There were also Senate committee reports back in the mid-2000s, I think, that started to talk about how all of these were interrelated and what needed to be done.

At this point in time, we're studying Bill C-61, which is a step in the right direction. Bill C-61 will not solve the housing crisis. Bill C-61 will not solve the infrastructure aspect either; nor should we put them all together. They all have their own individual streams.

However, certainly, when it comes to clean, safe drinking water, we can't go very long. Not one of us, no matter what skin colour we have and what political party we represent, can live without water.

It's the social determinants of health question. When communities don't have access to clean, safe drinking water, what else are they drinking? They're drinking pop and processed things available to their community that also trigger other diseases that are common amongst first nations people.

I believe that when we get to the point of studying the actual bill for the water, we need to remain focused on that. Although there are other related infrastructure pieces that are all part of the whole, I think the suggestion that this act will solve the water crisis or the infrastructure crisis due to years and decades of colonialism since contact is unfair to this process.

Thank you.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Thank you, Mr. Chair.

Grand Chief Benedict, we see some continuity in the government's approach to developing the various pieces of proposed legislation, including Bill C‑38, Bill S‑16 and Bill C‑53. That said, none of these bills have been passed into law yet.

Before I go on, I would like to say that I sense that the witnesses feel somewhat uneasy about the bill. We feel the same. I think that all the political parties share this view. Government officials must be able to clearly describe what constitutes a protection zone. The definition isn't clear in the bill. I have the impression that this aspect is currently missing from the bill. It seems that our proceedings would benefit from sorting this out. I would like to ask the Indigenous Services Canada officials to provide the definition of a protection zone.

Grand Chief Benedict, since the committee's first meeting on Bill C‑61, I've always kept in mind the organizations created by the government and the province of Ontario, such as the Métis Nation of Ontario and the Algonquins of Ontario. These organizations operate on the ancestral lands of the Anishinabe people and claim rights to their territories.

As we can see, Bill C‑53 has been set aside for the time being. The minister didn't want to raise this issue specifically to define their rights. He was told about the territorial overlap issue. Discussions are under way about subsection 12(1) and how it might be interpreted.

Do you think that much greater clarity is needed when it comes to determining what rights the first nations have to their territory, which first nations are recognized and who can speak on behalf of the first nations in this situation?

[Chief Erica Beaudin]

Thank you for the question and for recognizing the 150th anniversary of the signing of Treaty 4.

The short answer is that it absolutely would.

Our experience right now is with a dam restructuring project. It is time to build a new dam. When we talk about jurisdiction, we're also talking about legal protections to assist first nations, which, hopefully, are in this bill. This will give us more leverage and the ability in our tool box to—I don't want to say fight or to have to fight—assert that jurisdiction that we never gave up. We have the inherent right, as well as the treaty rights, to all of our traditional waters, as well as our waterways and shorelines.

Currently, we are in a deadlocked position with the Province of Saskatchewan. If we do not agree to sell our traditional lands to the province, so that it can rebuild our dam structure, in fact, it will not build the dam. That is essential. We are now in a position where we are contemplating court action, which is very expensive.

The Cowessess Nation is strong and proud. However, the monies that we have from own-source revenue should be going to the people. We should not be fighting what is already inherently ours. Our hope, with Bill C-61, is that this will give us another tool, so that we wouldn't have to go into that type of a legal fight.

[Grand Chief Abram Benedict, Ontario Regional Chief, Chiefs of Ontario]

My apologies, members of the committee, for being a few minutes late.

Thank you for the opportunity to present to you this evening. I'm Abram Benedict. I'm the Ontario regional chief for the Chiefs of Ontario, which is an organization here in Ontario that represents 133 first nations. Prior to being the Ontario regional chief, I was the chief of the Mohawk community of Akwesasne for nine years and was a member of the council there for nine years as well, so I have 18 years in community leadership. I've had the privilege and honour of being elected the regional chief for the communities in Ontario.

The important issue that you're speaking about today is the legislation around clean drinking water. Unfortunately, of the boil water advisories that exist in this nation, 72% of them are in Ontario, so we are the region most impacted by a historic failure to provide clean drinking water to our communities.

These persistent issues not only jeopardize the health and well-being of our people but also undermine our right to self-determination, our governance and the future of our communities. As you can imagine, water is fundamental to existence and also to prosperity for many of our nations across Turtle Island, but more specifically to the ones who have boil water advisories in Ontario.

There are entire generations who have been unable to get clean drinking water from their taps. I recently had an opportunity to visit Neskantaga, which is one of the communities that has had a boil water advisory for 30 years. To put that into context, there are children there who have been born and raised and now are adults and still have to live with boil water advisories. In today's context, that is extremely chilling and unacceptable.

I'm here to deliver a simple message today that Bill C-61 is not perfect, but we do support it. It must come to fruition and pass. This bill is a step forward in recognizing the first nations' inherent and treaty rights that exist. It unambiguously states that the water in and under first nations land is first nations' jurisdiction, which is extremely important to our people. It recognizes the essential role of women, elders and knowledge-keepers as water protectors and stewards of our water. We have seen time and time again our people undertaking either marches or water walks across this beautiful land we cohabit for the rights and the recognition of the importance of water.

Since the tragedy at Walkerton, the rest of Ontario has had high drinking water standards, but first nations have unfortunately been left behind. This legislation does fill an important gap for us to be able to create binding regulations and standards for clean drinking water.

While we support this legislation, we believe it must be strengthened in four critical areas: predictable and sustainable funding, the creation of protection zones, addressing urgent water and sanitization issues for Ontario first nations and addressing the real liability issues that exist.

Our recommendations are to ensure that this bill can achieve its intended impact, so funding must be provided at sustainable levels to address the historical underfunding that has created so many challenges in our communities. This includes not only initial capital investments but also long-term operation and maintenance supports to ensure the viability of the water systems in our communities. Chronic underfunding has historically plagued water infrastructure in first nations communities. Temporary or project-based funding is not sufficient to ensure the ongoing maintenance of water systems in our communities.

Beyond infrastructure, there is a need for funding that supports capacity building within first nations communities. This includes training local water operators, developing governance structures for water management and ensuring communities have the knowledge and resources to manage their water systems effectively. This is true nation-building, and this legislation will promote and bring that forward.

Canada has recently settled a class action lawsuit that recognizes the urgent need for more funding. However, there have not been new investments to date, and this must be fixed.

We believe that “protection zones”, as currently outlined in this bill, lack clarity. What is meant by “is adjacent to the First Nation lands of a First Nation”? Let's resolve this ambiguity using a rights-based approach.

The absence of defined limits and protection could lead to conflicts between federal, provincial and first nation jurisdictions. There are so many areas where we have seen this conflict happen between the federal government and provincial governments in our communities. This is an opportunity to clarify that.

Bill C-61 must clearly define protection zones to strengthen first nations' self-determination, which in our view includes recognition of the importance of first nation knowledge systems in establishing and managing protection zones. Our people have been protecting the resources that are extremely important to everybody sitting in this room since time immemorial. We need this legislation to be able to continue to support that.

Many first nations face issues related to source water and groundwater quality. Algae blooms and industry spills might not be fully predictable, but we can guarantee that they will happen, and they will happen again. We need rapid-response funding and technical assistance to address urgent water issues in our communities in this region. We need flexibility in funding and regulatory approaches to accommodate urgent issues.

The final issue is around the uncertainty of liability for our communities, particularly in cases where they may lack the resources or capacity to manage water systems independently. We urge the committee to amend Bill C-61 to clearly define and fairly allocate the liability. We must ensure that the liability is fair and reasonable for our communities and shared with the federal government. The legislation should explicitly protect first nations from liability for historic contamination and infrastructure failures that occurred before the implementation of Bill C-61. First nations should not be held liable for Canada's historic failure to properly fund infrastructure, maintenance, operation and training, nor should first nations be held accountable for future failures or underinvestment by the government.

Bill C-61 should explicitly state the liability of third party contractors involved in building or maintaining water infrastructure, ensuring that first nations are not held liable for contractors' errors and negligence. I want to clearly highlight that our communities will, reasonably, accept the liability, but will not take on broken and underfunded systems and be expected to be held liable for the federal government's lack of action on their end.

We do not want a scenario where first nations' energies and limited funding go to lawsuits instead of maintaining the integrity of water systems. We do not want to be in the courts any more than any person in this room. Let's make those changes now in this legislation and ensure that we don't have to use those avenues.

We urge the committee to consider these recommendations. The Chiefs of Ontario and I would be pleased to answer any questions, and follow up and provide any additional information this committee would like.

Niawenko:wa.

[Maheegan Armstrong, Legal Counsel, Nishnawbe Aski Nation]

Hello. I'm Maheegan Armstrong. I'm a lawyer representing Nishnawbe Aski Nation.

I'm going to very quickly go through some of the amendments and the rationale behind them.

In the briefing note, we made two pretty big suggestions. One is to make sure that the law-making sections, where it talks about jurisdiction, are binding on the federal Crown. The other is to make sure that first nation laws have the force of law as federal law.

These are both used in tandem to make sure that the law-making sections of Bill C-61 are strengthened and there's a bit more certainty.

The reason why we're suggesting these is in light of a new Supreme Court of Canada case that came out in February. It was the reference case to the Act respecting First Nations, Inuit, and Métis children, youth and families that came out. The decision was rendered on February 9, which was after this bill came into the House of Commons.

We've incorporated some of that guidance from the Supreme Court of Canada case. We want to strengthen some parts of this bill with that guidance from the Supreme Court.

Thank you.

[Deputy Grand Chief Anna Betty Achneepineskum, Nishnawbe Aski Nation]

Yes. Thank you very much.

Wachiye, boozhoo.

My name is Anna Betty Achneepineskum, and I serve as the deputy grand chief for the Nishnawbe Aski Nation.

First of all, I want to thank you for inviting us to make a presentation to the committee on its study of Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on First Nation lands. I want to acknowledge that this committee meeting is taking place in Ottawa, an unceded and unsurrendered territory of the Anishinabe Algonquin nation, whose presence there reaches back in time immemorial.

The Nishnawbe Aski Nation is composed of 49 first nations communities, most of which are signatories to Treaty 9 in the Ontario portion of Treaty 5. Treaty 9 is unique among the historical treaties because it was an agreement signed by first nations with Canada and Ontario. We also state that the people of the Nishnawbe Aski Nation are a sovereign people with sovereign and inherent rights by virtue of being the first peoples of their lands.

As of September 23, 2024, today there are 13 long-term drinking water advisories within 12 of the Nishnawbe Aski Nation communities, including my home community of Marten Falls. There are nine drinking water advisories that have been in place for less than a year.

There are nine communities that have difficulty accepting that treated water is safe to drink, even once drinking water advisories have been lifted. We have to ask ourselves why. A lot of that is because of the trauma associated with and the health impacts of the lack of safe water.

NAN has submitted a briefing to the advisory committee, the text of which is available on the Crown-Indigenous Relations and Northern Affairs website. NAN chiefs have not endorsed a formal position on Bill C-61, but believe that several amendments could be made to strengthen the wording in the bill. The amendments recommended by the Nishnawbe Aski Nation include ensuring that Bill C-61 is binding on the Crown; ensuring that Bill C-61 is worded so that first nations laws also have the force of federal laws; and ensuring that adequate, long-term funding provisions are provided in Bill C-61.

Bill C-61 does not provide a clear framework for the government on source water protection zones, leaving it ambiguous as to who has the ultimate authority over the establishment, management and enforcement of these zones.

In the remaining time I have, I would like to ask our legal counsel, Maheegan Armstrong, to speak a bit more about the suggested changes to Bill C-61 that are outlined in the brief submitted by the Nishnawbe Aski Nation.

[Chief Erica Beaudin, Cowessess First Nation]

First of all, good afternoon, and thank you for asking me to witness today. My name is Erica Beaudin. I am chief of the Cowessess First Nation. We are the largest first nation in Treaty 4 territory, with 4,700 members or citizens.

Before I came to Ottawa—and I say Ottawa, but I acknowledge that we are on the unceded lands of the Algonquin people—I put down medicines in our waters while I prayed for all of us to have open minds, hearts and spirits as we look at the possibilities of the inaction of Bill C-61.

Water is alive. Water is life. None of us, not one of us, whether we are indigenous or not, can exist without clean drinking water. The social determinants of health are also very important to consider when we look at aspects such as providing safer communities for our children. There are several bills that are before Parliament right now, and to think that Bill C-61 sits in isolation and isn't connected to other bills means that it does not look at the interconnectedness of what it takes for our nations, our communities, to deliver proper living conditions for our people.

Bill C-61, the first nations clean water act, represents a significant step forward in affirming the rights of first nation communities to self-governance over water resources on our lands. It is a positive development in recognizing that first nations have the inherent right to manage our water, our own water, source water, drinking water and wastewater infrastructure. This legislative framework seeks to ensure that first nations have access to clean and safe drinking water, a long overdue commitment given the historical neglect and challenges faced by many indigenous communities in Canada.

The bill outlines several promising aspects, such as the creation of rights-based regulatory pathways in collaboration with first nations, other federal ministers and provincial governments. These pathways are designed to protect water sources adjacent to first nations' lands and to protect a legal structure for first nations to exercise control over water resources on our territories. This is an important recognition of self-determination and aligns with the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples.

While the act is a step in the right direction, there are limitations that must be acknowledged. Funding is always a primary concern with anything related to first nations, and we need certainty to ensure that this legislation has long-term impact and enables predictability of resources to address the deep-rooted issues surrounding water quality and infrastructure. While the legislation speaks to best efforts to provide adequate and sustainable funding for water services, I believe we could strengthen that language to further strengthen the bill.

The other point I'd like to briefly touch on is the requirement for first nations to collaborate with provincial governments on protecting source water, which would present challenges. I can only speak from my experience as a chief from Saskatchewan, but on behalf of our nation in our fight for the sovereignty and jurisdiction over our traditional lands and waterways, I have seen and experienced first-hand the jurisdictional conflicts, unhelpful provincial actions and lack of rights recognition that complicate efforts to safeguard water quality on first nations lands.

I understand that there is a federal need for intergovernmental cooperation, but I would be remiss if I did not flag how that may hinder the timely implementation of protections that are crucial for ensuring safe drinking water for our communities. The criticism from some indigenous groups that the bill's “best efforts” clause is insufficient cannot be overlooked. The lack of a binding legal commitment to provide safe and clean drinking water, coupled with the absence of a clear mechanism for enforcement, means that the bill may not fully address the systemic issues it aims to solve.

Bill C-61 is a necessary and positive step towards recognizing first nations' rights to self-governance and ensuring clean water access. However, like any legislation, it can become stronger with amendments. I believe that with clearer tools, such as a commitment to predictable funding, coupled with mechanisms to support first nations in dealing with unaligned provincial governments, this legislation will protect water for all our generations yet to come.

The time is now for Bill C-61 to come into force.

Thank you very much.

[Grand Council Chief Linda Debassige]

Thank you.

Aaniin, boozhoo and good afternoon. My name is Linda Debassige and I am the grand council chief of the Anishinabe Nation. I'd like to acknowledge that we are gathered on the unceded territories of the Algonquin people.

I'm honoured to be here today to speak about the urgency and importance of safe water and wastewater legislation for first nations across Canada. I was born and raised in M’Chigeeng First Nation along Lake Huron, and I was elected to my council in 2013. I was chief in my community from 2015 to 2023. In 2024, I was elected grand council chief of the Anishinabe Nation.

The Anishinabe Nation represents 39 first nations in Ontario. Our communities have always maintained their inherent right to water since time immemorial, including their right to clean, safe drinking water. Our communities continue to maintain that their ancestors have never ceded the water to any settler nation and maintain they are stewards of the Great Lakes.

I would like to begin by reminding each of you about the importance of and urgency of legislation to address long-standing water and wastewater issues in first nations communities across this country. I would like to point out to this committee that the statement in clause 30—under the heading “Obligations of Government of Canada”—to “make best efforts to provide” is unacceptable and very weak. It should be replaced with “will provide”. This “make best efforts” speaks to colonial commentaries of the past. We have heard this time and again in many of the failed promises of the past. It is time that you do better.

Here in Ontario, the nations I represent continue to fight every day for basic human rights, including to safe, clean drinking water. This fight should be our fight, since we are in this together as treaty partners. The failure to deliver this right to safe drinking water in this day and age is simply disgraceful. I think especially of our ancestors, who, at one time, could drink the water freely and without having fear for one's life.

I am here to remind each of you of the responsibility we have, collectively, to first nations people, children, elders and those yet to be born. This legislation is important. It is urgent. We cannot wait any longer. As you all know, after the enactment of the Safe Drinking Water for First Nations Act in 2013, we consistently asked Canada to repeal the legislation. This act was brought into force without any consultation, or funding commitments to implement it, or engagement with first nations regarding our inherent and treaty rights and jurisdiction to make laws about water. The act was heavily criticized for lack of meaningful engagement and consultation with first nations, inadequate resources to implement the regulations and increased liability to first nations. Since 2018, first nations organizations, including the Anishinabe Nation, have advocated for strong legislation that protects first nations rights and honours our relationship with water. We've advocated for more robust protections and for the right to be recognized as stewards and decision-makers.

I want to take a moment to acknowledge Chief Moonias from Neskantaga First Nation, Chief Spence from Tataskweyak Cree Nation and Chief Emerita Whetung from Curve Lake First Nation for their tireless efforts to bring the class action forward that ultimately compelled Canada to repeal the Safe Drinking Water for First Nations Act of 2013.

Since the repeal of the act in June 2022, drafting of the replacement legislation was guided by a working group tasked with a process for new legislation. I was honoured to be part of that team and co-led it with former members of first nations. I was also honoured to co-lead that team with former National Chief Phil Fontaine. Although no process is perfect, the work between the Assembly of First Nations and ISC laid a foundation for a more inclusive process. Through this process, with representatives from ISC and AFN, we worked to advance legislation. Although this was not true co-development through our world-view lens, it was an opportunity to continue to advocate for first nations and make positive impacts at home and for our people.

This legislation is important. It's passing a critical step towards addressing decades of harm towards first nations that was rooted in colonialism. I believe that, with a few key changes, this legislation will allow first nations to finally have a guaranteed chance to access clean, safe drinking water and wastewater treatment.

Canada's obligation needs to go further, as I have previously mentioned. The legislation affirms the inherent right to self-government that is recognized under section 35 of the Constitution Act 1982, which includes the jurisdiction of first nations in relation to water, source water, drinking water, waste water and related infrastructure on, in and under first nations lands.

It acknowledges our relationship with water and recognizes that we have the right and jurisdiction to make our own decisions and laws in relation to water, source water, drinking water, waste water and related infrastructure.

It allows for the creation of standards and regulations. This is so important. As of right now, first nations do not have enforceable regulations in place.

It also allows for the creation of a funding framework in an urgent manner, moving away from decades of formula-based funding and towards a funding mechanism that recognizes the actual costs of building, maintaining and managing drinking water and wastewater systems.

Moreover, it allows for the creation of a first nations water commission, something that we have been discussing for many years. These are all critical components and cannot be overlooked as important elements of this legislation.

I believe the legislation can be strengthened in a few areas that will ensure that first nations are protected. Stronger language can help protect first nations no matter what political party is in power.

I believe this legislation must be bipartisan; we cannot use first nations and this bill as pawns in a political fight.

First nations today and in the future look to you to do the right thing and make recommendations to ensure that this legislation has the support to include the rights provided for in UNDRIP; under Section 35 of the Constitution Act, 1982; and in UN Resolution 292 , which recognizes the human right to water and sanitation.

The creation of protection zones must recognize first nations' inherent rights as well as their jurisdiction within their respective territories. I am recommending a rights-based approach to ensure our rights and unsurrendered interests are protected.

Every element of the legislation should have a time limit imposed to ensure that we don't continue to drag this matter on for another decade or more. Enacting Bill C‑61 will mark a critical step towards securing the right to clean and safe drinking water and wastewater management for first nations and recognizing it as both a human right and an essential service. Bill C‑61 is an important milestone in a decades-long fight for adequate water and waste water in first nations across this country.

This is an opportunity for Canada to finally do right by first nations. The consistent failure of the Crown to resolve inherent rights over time has compounded the complexities in relation to water. However, you have an opportunity to be closer to the right and just side of society today. By addressing first nations' concerns, Bill C‑61 can pave the way for a future in which first nations children grow up without water advisories and their nations can thrive.

I cannot stress enough that the passage of this legislation is important, timely and critical to protecting first nations health and the well-being of our people, our elders, our children, our grandchildren and those yet unborn. We cannot afford to wait any longer.

Thank you. Meegwetch.

[The Chair, Liberal, Patrick Weiler]

Welcome to meeting number 119 of the House of Commons Standing Committee on Indigenous and Northern Affairs.

Pursuant to the order of reference of Wednesday, June 5, 2024, the committee is resuming consideration of Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on First Nation lands.

We recognize that we are having this meeting today on ancestral and unceded territories of the Algonquin Anishinabe people. That's very relevant today, because we are very fortunate to have some excellent witnesses to provide testimony for this work.

I want to welcome our witnesses to our panel. From the Anishinabek Nation, we have Grand Council Chief Linda Debassige; from the Chiefs of Ontario, we have Grand Chief Abram Benedict and Irving Leblanc; from the Cowessess First Nation, we have Chief Erica Beaudin.

From the Nishnawbe Aski Nation, we have Deputy Grand Chief Anna Betty Achneepineskum; Michael McKay, director of housing and infrastructure; Jamie Saunders, infrastructure adviser; and Maheegan Armstrong, legal counsel.

To start, we will have a round of introductions of five minutes for each of the four organizations here, starting with Linda Debassige.

I'll hand the floor over to you, for five minutes

[Chief Billy-Joe Tuccaro]

Thank you.

As a final statement, I can say this. People need to really take a good, hard look, if they are going to pass this bill, at the situation we are in, in regard to the other first nations across Canada. We are situated downstream from the oil sands. If the bill is passed and if there are amendments made to it, one thing I can say is this: I beg the province, I beg Canada and I beg all of you to please bring down the thresholds in regard to the different heavy metals that go into the water that comes down from the oil sands.

Right now, the thresholds are at 0.05 parts per million, and anything below that is acceptable. We know this for a fact. A lot of what's happening in this region is cumulative effects. Just recently, we were lobbying the government to start to test for naphthenic acids. We were successful in that, and now it is, but, again, the threshold is 0.05 parts per million. It's a hard thing that I have to beg for my people to have a fighting chance.

I'm going to say this today. There was a study done by Transport Canada in 2017 of the wharf area, also known as “big dock”. The study goes back to 2014 or 2013 in regard to that being a contaminated site. The government had this information, and it did not disclose it to my people. It was only brought to light to us about two months ago. I've had kids swimming in there, and now you guys want to off-load the responsibility to us. A lot of my people live in that area. This is very concerning, and this is going to be news. This is what I'm saying.

This is the reason why we are in total opposition to Bill C-61. It's because we give one inch on anything, and you take the land. Now we're finding out something seven years later, after the fact. Do you see why we are so resistant and hesitant for any bills that come in this area? Even if it works for the rest of Canada, it does not work for us in this area.

I'm saying this as the chief of Mikisew Cree First Nation. Please reconsider this, because you guys have to understand where we're situated. It's not only us; it's the other nations who live in the community, but we are a majority in this community.

Thank you.