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.

First Nations Clean Water Act

[Blake Desjarlais, NDP, Edmonton Griesbach, AB]

Madam Speaker, I often find it ironic to hear in this place criticism from the Conservatives of the Liberals, and vice versa, when so many times both parties have failed indigenous people. As a matter of fact, this legislation, Bill C-61, comes to this place because of a litigation of a Harper-era piece of legislation known as Bill S-6, which failed indigenous people, so much so that they had to take their concerns to court, have the Conservatives defeated, and then have this legislation be able to stand. This is better than what the Conservatives have tabled, for sure.

Would the member have anything to say to the many nations that had to litigate against his party's former legislation?

[Eric Melillo, Conservative, Kenora, ON]

Madam Speaker, it is an honour for me to be able to rise and talk to such an important issue as drinking water on first nations, dealing with Bill C-61. Before I get too far into my remarks, I would like to let members know that I will be splitting my time this evening with the hon. member for Cariboo—Prince George. I look forward to hearing his comments on this very shortly.

This is obviously an important topic. It is one that, unfortunately, we are still talking about as a Parliament all these years later. We have seen the current government make a lot of big promises and announcements of a lot of big spending, and, unfortunately, most recent information from the government indicates that there are still 29 drinking water advisories that remain in 27 first nations across the country, 10 of which are in the Kenora district that I am representing. Those are namely Fort Hope, Neskantaga, Nibinamik, Fort Severn, Bearskin Lake, Muskrat Dam, North Caribou Lake, Sandy Lake, North Spirit Lake and Deer Lake, all still living under long-term drinking water advisories.

We know this is unacceptable. We know that it is a shame for Canada nationally and internationally to have this issue continue to plague us, and I am glad that we are here today finally debating Bill C-61. I do want to address that right off the hop, because we have heard the Minister of Indigenous Services and some other voices on the government side criticizing Conservatives, saying that we are blocking Bill C-61, which is absolutely ridiculous.

In fact, as the previous Liberal speaker mentioned, we passed a Conservative motion to expedite the passage of the bill to get it to committee, where we can do some important work on it and move it through the parliamentary process. It was a Conservative initiative to do that, but unfortunately, it has not been prioritized by the governing Liberal Party.

This is a trend we see every June, really. The government, at the last minute, tries to rush through legislation that pertains to first nations or indigenous peoples across the country. Consultation has not been adequate, the government has not gone through the proper steps, and it expects Parliament just to stamp it so the government can check a box before we rise for the summer. This is a very concerning trend. In fact, the government has had, by my count, 33 sitting days where the government has steered the agenda, and it has had the opportunity to bring this forward. Of course, this is not counting opposition days, even though some of those opposition days have been extended to include Government Orders. The government has had ample opportunity to bring this legislation forward.

Nonetheless, we are happy that we are here debating it today. As mentioned, there is some broad support for the aspirations and the intent of the legislation, but there is not unanimous support from stakeholders, first nations communities, leaders and groups right across the country.

I want to share some of the comments that have been made publicly in that regard. Chief Rupert Meneen of Tall Cree First Nation in Alberta has said that Bill C-61 “does not address existing needs and gaps in services, infrastructure, and monitoring on First Nations”. The chief goes on to say that as treaty peoples, they do not accept it.

Chief Bobby Cameron from Saskatchewan said, “As it stands, the federal water act announced today is not true reconciliation, it is an attempt to legalize the status quo”. Our first nations need more time. Don't rush this so quickly. It's as simple as that.

I will share one more that is out there. This is from a policy adviser to the Chiefs Steering Committee on Technical Services, representing 47 first nations in Alberta. Policy adviser Norma Large said it pretty simply: “The bottom line is that this bill is not meeting the mark”.

We have the government, on one hand, saying that it has co-developed this legislation, that there is support for it and that we need to rush it through the House of Commons with as little debate possible to get it through committee as quickly as possible, and I think there is goodwill on all sides of this House to expedite this legislation.

We have to make sure that we are addressing the concerns that are being raised. We cannot overlook or ignore the concerns of first nations peoples across the country. It is my hope that all members of the committee from all parties would ensure that we have the proper time and resources to do that, so we can bring first nations leaders to the table and share some more specifics about this legislation.

We also see some vague terms and things that are being kicked down the road in Bill C-61. There is a lot of work, and important work, that needs to be done that is not being addressed by this legislation that would be put off to future regulations. One example of that is the protection zones. The definition of a protection zone would be determined through future regulations as set out in this legislation. Of course, there should be collaboration with first nations, and territorial and provincial governments, to ensure that it is done right, but that work should already be under way. We need to have first nations leaders come to the committee to share their thoughts on what that should be and what that looks like for them in their communities so that we can get a jump on that important work and ensure that we are addressing those needs.

To quote from Bill C-61, the minister is to “make best efforts” to begin required consultation, which sounds great. That is a good sentiment, and I think everyone would share the sentiment. Yes, the minister should make best efforts. However, what does that mean? What is the tangible effect of making best efforts? That is at the very core of the concerns that we have heard, as has been raised by other members of the House during this debate already. We are just getting going in this discussion. The bill has not even been to committee yet, and we are already hearing of first nations who do not feel that they have been consulted with, so it is certainly not a good start in that regard.

With the time I have remaining, I just want to speak more to the bill specifically. The process is one thing. I hope that we will all agree to move this forward, and move it forward in a way that brings in voices from first nations and ensures that proper debate can happen.

To the bill itself, much of it is very simple and straightforward, including things such as ensuring that the quality and quantity of water on the first nations will, at the very least, meet provincial and territorial standards if nothing else. That is something that, when folks read it, they would question why that would not be the case already. Unfortunately, we have seen this, not just when it comes to drinking water, but also with housing as well. There are concerns that houses on first nations have not been built up to code in the area of jurisdiction, and this is just another example of first nations communities being shortchanged and overlooked by the government.

Simply, Conservatives recognize that clean drinking water is a necessity of human life and that the government must work with all first nations and indigenous communities to develop adequate, safe, clean drinking water for all communities. As I mentioned off the top, the lack of drinking water has really been a national shame for far too long.

This ties in with consultation. More important, we have to recognize that a one-size-fits-all solution, this top-down approach from Ottawa, is not going to work. That is why a consultation and the boots on the ground work. It means a meeting with first nations leaders to understand the unique circumstances and needs in the communities, ensuring that those voices are being heard so that we can develop solutions in partnership that work for those first nations.

That is the vision that the Conservative Party has. I think it is one that is shared by members across party lines in the House. We stand ready to work to expedite this along. Of course, we are hoping that, at committee, our colleagues from the other parties will work with us to ensure that all first nations are heard before this bill gets passed.

[Monique Pauzé, Bloc, Repentigny, QC]

Madam Speaker, there are some very good things in Bill C‑61, that the member presented in his speech.

The bill promotes first nations' right to self-determination and self-government. Perfect, we are on the same wavelength.

However, there are some problematic things going on. I am not talking about what happened 10 or 15 years ago. I am talking about what is happening right now. There are problems with the Kearl mine in Alberta. What is more, 40 out of 41 first nations reject the Chalk River project and the government is not stepping in. This involves drinking water. The first nations are calling for the Chalk River development to be stopped and they are demanding their voices be heard.

I am all for easing our conscience, but maybe it is time to put words into action.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is a pleasure to rise and speak to Bill C-61 today. The types of responses we have been getting from virtually all sides of the House and the general goodwill toward the legislation are really quite encouraging.

It is important to highlight that there was a very tangible commitment made back in 2015 to deal with this important issue. It goes well beyond reserves. It is about, in essence, the fact that everyone deserves to have access to clean and safe drinking water. This is something the Prime Minister has been talking a great deal about, and I believe that as a government, we are on the right track to achieve just that.

In the discussions that have been taking place, I was quite encouraged. I will start off by quoting one of my colleagues, who I know is very proud of the legislation before us today. He has often talked with our caucus colleagues about the issue. Just a couple of days ago, this is what the member for Sydney—Victoria said in the chamber when he raised the issue of Bill C-61:

Mr. Speaker, June is National Indigenous History Month in Canada. It is a month to celebrate indigenous culture and indigenous contributions to our country. As we celebrate National Indigenous History Month, all parliamentarians could indeed make history by sending the first nations clean water act to committee for study.

Bill C-61 would recognize first nations' inherent right to water, ensure that there are minimum standards for first nations' clean water and protect first nations' water sources from pollution and contamination now and into the future. This historic and crucial legislation would ensure that first nations have the funding and self-determination to lay the groundwork for a water institution led by first nations.

All Canadians would expect access to clean water. Surely on this, the first sitting week of National Indigenous History Month, parties from all sides of the House can agree to support first nations' need for clean water. Let us turn the page on this shameful legacy in Canadian history and give unanimous consent to get the important legislation to committee.

It was very encouraging and, a bit later that day, we were able to do just that. An official opposition member rose in his place on a point of order and said, “There have been discussions among the parties, as you suggested earlier, and if you seek it, I think you will find unanimous consent to adopt the following motion”, and the member then read the motion.

That brings us to today. That motion is allowing us to not only debate the legislation but do what the member for Sydney—Victoria was suggesting: recognize National Indigenous Heritage Month and get Bill C-61 to committee.

The Conservative member then proposed the following motion:

That, notwithstanding any standing order, special order or usual practice of the House, Bill C-61, An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands, be called for debate at second reading on Wednesday, June 5, 2024, and at the conclusion of the time provided for Government Orders on Wednesday, June 5, 2024, Bill C-61 be deemed read a second time and referred to the Standing Committee on Indigenous and Northern Affairs.

That is what I mean by the goodwill that has been demonstrated by all political parties in the chamber on what is such a very important issue.

It reminds me of a couple of things. One is more of a personal story that many Winnipeggers often talk about, and that is Shoal Lake. Shoal Lake has been supplying the city of Winnipeg for over 100 years through an aqueduct, using the basic law of gravity, and we have benefited from that water. A first nation was very strongly and negatively impacted by that many years ago. It was literally cut off. For over two decades, Shoal Lake 40 has been under a boil water advisory.

Thinking about it, just outside their windows, the first nations members could look out and see this beautiful, pristine lake, Shoal Lake. That lake was providing the city of Winnipeg its drinking water, yet the reserve itself was on a boil water advisory. I think that highlighted the issue for many Manitobans and, I would suggest, for all Canadians. Liberals made a commitment back in 2015 to rectify it. Some of our critics will say it was supposed to be done a whole lot quicker.

At the end of the day, we put the issue of boil water advisories on the front burner. For generations, nothing was done until the Prime Minister and this government made the financial commitments. I would suggest it was even more than that and indicate that there is a moral responsibility. As a result, we did see a tangible commitment, not only for the water treatment facility, but also on Freedom Road.

I can say that if we take a look at Shoal Lake, in particular individuals like Chief Erwin Redsky and other band members, we will be impressed with how the community drove the issue. Ultimately, as a government, we responded to it. As I say, for over two decades it was a problem. Today, anyone who goes there will see a pristine, well-constructed water treatment facility.

When I say that, I do not say that lightly, because that particular facility has been recognized for its architecture and the manner in which it was constructed. It was built on time and on budget. What I would like to highlight, when we think about that, is that it was the indigenous leadership that ultimately pushed to make the project take place in the first place. If we take a look at the labourers, the contractors and the individuals who were directly involved in the building of the facility itself, it was all indigenous-led.

A couple of weeks back, I was on Parliament Hill and I met with Sharon Redsky, someone I classify as a dear friend. She was talking to me about Shoal Lake and some of the things that have taken place. There is a sense of pride there as a direct result of this. For the first time in generations, Shoal Lake has water it can drink. The same water that has been providing for the city of Winnipeg is there now for Shoal Lake. Opportunities have been created as a direct result of the construction of the water treatment facility and, in fact, the construction of Freedom Road. This has had a profoundly positive impact on the lives of many, so it even goes beyond the important issue of water.

This is one of the reasons it is so critically important that, as a government that is committed to getting rid of the long-term boil water advisories, it is not just the federal government moving in and saying that this is the way it has to be, this and that, and then a few years later say “Oh, look, we did the job”, but that we recognize the important role of indigenous leadership driving these programs and supporting them wherever we can.

I would suggest, when we take a look at some of the numbers, that what has been accomplished is very impressive. In partnership with communities, the government has lifted over 73% of long-term boil water advisories since 2015, which works out to approximately just over 140 facilities. There is now clean water in more than 96% of first nations.

To conclude, suffice it to say that we have gone a long way, and we will continue to move forward on this very important legislation and issue.

The House resumed from February 5 consideration of the motion that Bill C-61, An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands, be read the second time and referred to a committee.

Indigenous Affairs

[Patty Hajdu, Liberal, Minister of Indigenous Services and Minister responsible for the Federal Economic Development Agency for Northern Ontario]

Mr. Speaker, I thank the member for Pontiac for her work on access to safe drinking water.

In 2015, the Liberal government completely discarded Stephen Harper's paternalistic approach. Now, we listen to indigenous leaders and work closely with them. We have lifted 144 long-term drinking water advisories, and we are not stopping there.

We also introduced Bill C-61, the first nations clean water act, to make sure things never go back to how they were.

Business of the House

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I rise on a point of order. There have been discussions among the parties, as you suggested earlier, and if you seek it, I think you will find unanimous consent to adopt the following motion:

That, notwithstanding any standing order, special order or usual practice of the House, Bill C-61, An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands, be called for debate at second reading on Wednesday, June 5, 2024, and at the conclusion of the time provided for Government Orders on Wednesday, June 5, 2024, Bill C-61 be deemed read a second time and referred to the Standing Committee on Indigenous and Northern Affairs.

Health Care

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I rise on a point of order.

My point of order has to do with one of the usual practices of the House, the Thursday question and the weekly meeting of the parliamentary leaders.

In both cases, the scenario for Bill C‑61 was to continue debate at second reading on Wednesday of this week. We agree to refer the bill to committee at the end of the day Wednesday after the debate.

I am seeking the unanimous consent of the House for the following motion: That, notwithstanding any standing order, special order, or usual practice of the House, Bill C‑61—

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

Mr. Speaker, in the spirit of the National Indigenous History Month, there have been discussions among the parties and, if you seek it, I think you will find unanimous consent to adopt the following motion: that, notwithstanding any standing order, special order or usual practice of the House, Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands, be deemed read a second time and referred to the Standing Committee on Indigenous and Northern Affairs.

Indigenous Affairs

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

Mr. Speaker, June is National Indigenous History Month in Canada. It is a month to celebrate indigenous culture and indigenous contributions to our country. As we celebrate National Indigenous History Month, all parliamentarians could indeed make history by sending the first nations clean water act to committee for study.

Bill C-61 would recognize first nations' inherent right to water, ensure that there are minimum standards for first nations' clean water and protect first nations' water sources from pollution and contamination now and into the future. This historic and crucial legislation would ensure that first nations have the funding and self-determination to lay the groundwork for a water institution led by first nations.

All Canadians would expect access to clean water. Surely on this, the first sitting week of National Indigenous History Month, parties from all sides of the House can agree to support first nations' need for clean water. Let us turn the page on this shameful legacy in Canadian history and give unanimous consent to get the important legislation to committee.

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

First nations have a very clear expectation. They expect more transparency in legislative processes.

The process of drafting Bill C-61, which concerns water, was particularly appreciated by first nations, as it was a collaborative effort. Are collaborative efforts being made transparently with first nations in the preparation of a bill to recognize indigenous policing as an essential service?

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

I would invite you to put your political weight behind it, Mr. LeBlanc; we know that this weight is considerable.

The government must prioritize indigenous issues. All too often, bills dealing with indigenous issues, such as Bill C-61, Bill C-38 and many others, are not prioritized by the government in the legislative agenda. If we want to go all the way, we will have to prioritize them.

Thank you very much. That's all my time.

Business of the House

[Steven MacKinnon, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, my daily attempts to reach out to opposition members and improve the efficiency of the business of the House are always rebuffed out of hand. The Conservatives would rather filibuster, raise totally fake questions of privilege, and use all sorts of delay tactics in the House to prevent the government from passing measures that are going to help Canadians in their daily lives.

Despite it all, I will continue to reach out to opposition members to make sure that the business of the House takes place efficiently.

This evening, we will deal with report stage of Bill C-64 respecting pharmacare. Tomorrow, we will commence second reading of Bill C-65, the electoral participation act. On Monday, we will call Bill C-64 again, this time at third reading stage.

I would also like to inform the House that next Tuesday and Thursday shall be allotted days. On Wednesday, we will consider second reading of Bill C‑61, an act respecting water, source water, drinking water, wastewater and related infrastructure on first nation lands.

Next week, we will also give priority to Bill C‑20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments, and Bill C‑40, the miscarriage of justice review commission act, also known as David and Joyce Milgaard's law.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

The intent of Bill C-61 is to give the tools to first nations communities, in partnership with provinces and territories, to better monitor the source water that feeds their water systems. Of course, when you can monitor water, you can determine much more quickly that the water is polluted or has changed in its quality. That's been a big problem with many of those cases that I told you about. The contamination has been happening over years. In many cases, the contamination doesn't have a taste and doesn't have a smell, yet the pollutants are extremely hazardous to health.

That is the intent behind Bill C-61. It's to strengthen protections and tools for first nations to be able to more closely monitor the water that is feeding their systems. Of course, this is work that we will have to do with provinces and territories. As you know, water falls under the jurisdiction of provinces and territories, but I would hope—I have a close relationship with Minister Lafrenière—that we are all interested in protecting the safety of water, because that water doesn't just feed first nations communities. It feeds all of us. Water is essential. In fact, many first nations people will tell you that water is life.

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

I also want to commend the work of Ms. Françoise Ruperthouse on this very important issue.

I also have a question about Chalk River and water contamination. The cities of Ottawa and Gatineau and more than 140 other municipalities get their water from the Ottawa River. The Minister of Crown-Indigenous Relations and Northern Affairs pointed out that there are waste management programs, but that decisions regarding prevention have not yet been made.

Will Bill C‑61 protect that water and enable indigenous communities to stand up for their inherent rights and make sound choices for the protection of water on ancestral land? Could this bill give them that right?