Bill C-61 (Historical)

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.

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.

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.

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

Mr. Speaker, I thank my good friend, with whom we have, of course, ongoing co-operation and good work.

I can assure the hon. member that we will continue today with the report stage of Bill C-50, the sustainable jobs act, despite the 20,000 automated, AI-generated robo-amendments that the Conservatives put up to obstruct this bill. We will take up third reading debate on that bill on Monday.

On Tuesday, we will commence second reading debate on Bill C-64, an act respecting pharmacare.

The budget presentation will take place later that afternoon, at 4 p.m., with the first day of debate on the budget taking place on Thursday of next week.

On Wednesday, we hope to resume debate on second reading of Bill C-61, an act respecting water, source water, drinking water, wastewater and related infrastructure on first nation lands.

Lastly, on Friday, we will resume debate on the motion in relation to the amendments made by the Senate to Bill C-29, an act to provide for the establishment of a national council for reconciliation.

I thank all members for their co-operation.

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

Mr. Speaker, that member knows very well that he is about to stand up this evening to remove $376 that will be landing in the bank accounts of all of his constituents on April 16. He is going to vote against that, and if we go a little further outside his riding into the great prairie areas of Saskatchewan, they will get a 20% rural top-up in addition to that $376, so we will be very steadfast in supporting the policies of the government today and every day.

Tomorrow we will resume second reading debate of Bill C-38 concerning new registration requirements. When we return, and indeed we will return following the constituency weeks, we will call Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands.

Tuesday, April 9, shall be an allotted day, and furthermore, as the Deputy Prime Minister and Minister of Finance announced earlier this month, the budget will be presented on Tuesday, April 16. Pursuant to Standing Order 83(2), I request the designation of an order of the day for the budget presentation at 4:00 p.m. that day.

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

Mr. Speaker, I can assure you that nothing is scarier than driving down Conservative highways, whether it is in Kamouraska or Témiscouata. Conservatives vote against highway infrastructure and refuse to fund them.

Later today, we will be voting on third reading of Bill C-62, medical assistance in dying.

Tomorrow, we will resume debate on the motion respecting the Senate amendment to Bill C-35, the early learning and child care legislation.

Next week is a constituency week during which the House is adjourned. We will, of course, be in our ridings to serve our constituents.

Upon our return, the agenda will include Bill C‑58, an act to amend the Canada Labour Code and the Canada Industrial Relations Board regulations, 2012, which deals with replacement workers. On Wednesday, we will continue debate on Bill C‑61, an act respecting water, source water, drinking water, wastewater and related infrastructure on first nation lands. Finally, Tuesday and Thursday will be allotted days.

I thank the members for their attention and wish them a good week in their ridings.

Indigenous Affairs

[Jenica Atwin, Liberal, Parliamentary Secretary to the Minister of Indigenous Services]

Madam Speaker, I think there will be lots of good things for the member to hear in my comments this evening. I would like to acknowledge that we are standing on the unceded traditional territory of the Anishinaabe Algonquin people.

I want to start by emphasizing that Indigenous Services Canada is working in full partnership with first nations communities to support sustainable first nations-led approaches to ensure that on-reserve water systems are safe. Whether it is water, health, housing or infrastructure, first nations communities must have the tools to decide for themselves.

That is why Indigenous Services Canada and first nations are working to transfer the care and control of water and waste water services to first nation bodies. Service transfer, in partnership with first nations, not only leads to better outcomes, but it is critical to supporting indigenous self-determination. It is the basis of our work on access to safe drinking water.

Since 2015, the federal government has committed over $5.6 billion to first nations to build, repair, and support effective management and maintenance of water systems in first nations communities. By 2025-26, the federal government will have increased, by almost 400%, the annual funding it provides to support the operations and maintenance of water and waste water systems on a permanent basis.

First nations have lifted 143 long-term drinking water advisories and prevented 265 short-term advisories from becoming long-term, with support from Indigenous Services Canada.

This week, Bill C-61, the first nations clean water act, was introduced. It would affirm the inherent right of first nations to self-government. It would also ensure that first nations have more tools necessary to protect source water, and to maintain drinking water and waste water infrastructure in a self-determined way. It would hold the federal government accountable to continued funding investments in water infrastructure. It would also lead to the application of minimum standards for clean drinking water in every first nation and lay the groundwork for the creation of a first nations-led water institution to support those communities.

As the member's question acknowledges, water operators are key to ensuring communities have access to clean and safe drinking water and reliable infrastructure. The federal government supports first nations to recruit, train, certify and retain qualified water system operators in their communities, while also improving or maintaining water infrastructure to ensure longer life cycles for water assets.

However, as the member suggests, there is a wage gap. The department conducted an analysis using 2016 census data comparing on-reserve and off-reserve water and waste water operator salaries, and found a 42% wage gap. Recent investments in operations and maintenance funding will enable first nations, who determine the salary levels of their water operators, to support improved operator retention through wage increases and/or other support measures.

Across the country, water operators are using innovation to improve access to clean and safe drinking water, advocate for source water protection and water conservation, as well as train and mentor the next generation of water operators.

Six years ago, Indigenous Services Canada established the National First Nations Water Leadership Award to recognize leadership in and outstanding dedication to the advancement of clean and safe drinking water in first nation communities. I would like to end with an acknowledgement of the 2023 award recipient, Warren Brown, who operates 13 drinking water systems and has led work to lift six long-term drinking water advisories.

When wildfires threatened Lytton first nation in 2021, Warren Brown was essential in protecting his community's water supply by staying behind to ensure the water treatment plant remained up and running as others evacuated to safety. He wanted to do everything he could to ensure his community had safe and clean drinking water to come home to. Not only did he save the water systems in his own community, but he also helped the village of Lytton and continues to lead conversations about best practices for water services in other communities.

It is through remarkable first nations leadership such as this, with support from federal funding and policies, that we will ensure all first nations communities have access to clean and safe drinking water.

[Kevin Vuong, Independent, Spadina—Fort York, ON]

Madam Speaker, on November 24, I reminded the government that access to clean drinking water is a human right. More specifically, to facilitate access to potable water by first nations, I asked when the government will provide appropriate funding and technical resources to train and certify first nations people to become water infrastructure operators in their home communities. In terms of that goal, I also asked if the Minister of Indigenous Services could confirm that indigenous operators will be paid at a level that eliminates the wage gaps with operators in non-indigenous communities.

It is 2023; Canada is a G7 country, and the government is still trying to claim that it deeply cares about first nations. First nations people must be empowered with the training, the skills and the jobs to provide their own communities with qualified personnel and clean water. Before the parliamentary secretary regurgitates their government talking points on the new bill, Bill C-61, let us take a few moments to examine this alleged legislative miracle.

In spite of the government's recent announcements, it is clear that it has been unable to provide access to potable water for all first nations. The CBC reported that Chief Chris Moonias of the Neskantaga First Nation, a community that has been under a 28-year boil water advisory, did not even get an opportunity to consult with respect to the bill. Given the bill's far-reaching goals, it is odd that a first nation under a boil water advisory for almost three decades had no prior knowledge of or input on Bill C-61.

I will save the parliamentary secretary some time in waxing poetic about Bill C-61. I will note that the bill touches on supporting first nations to be involved with developing and operating water infrastructure in their communities. Again, hopefully this would be at a salary that eliminates the wage gap with non-indigenous operators. Therefore, yes, Bill C-61 seeks relief for first nations water problems, one day. However, when it would occur is debatable.

Let us be clear: Bill C-61 is not the product of the government's concern for first nations. The government was compelled to introduce the bill because of an $8-billion drinking water class action settlement for first nations. Bill C-61 contains $1.5 billion to compensate first nations and their communities that were deprived of clean drinking water for at least one year between November 1995 and March 2024, along with $6 billion for construction and maintenance of water infrastructure. It is in this water infrastructure development that my initial question resides. I hope the new legislation will indeed provide more clean water access to first nations communities and that the salary gap between indigenous and non-indigenous operators will be finally resolved.

I recognize that the government lifted 143 first nations boil water advisories since 2015. However, there are still 28 advisories in 26 first nations communities. That too must end.

Therefore, I would like to ask the parliamentary secretary yet again: When will the government provide appropriate funding and technical resources to train and certify first nations people to become water infrastructure operators in their home communities? Will indigenous operators be paid at a level that eliminates the wage gap, yes or no?

Indigenous Services

[Arielle Kayabaga, Liberal, London West, ON]

Mr. Chair, I would like to thank the hon. colleague across the aisle, not just for the comments she has made in this debate that we have been having all night, but also for sharing that personal story. It is important that Canadians continue to hear about the impacts of colonization and the impact that the racism that was directed toward indigenous people of this land has had on many communities.

The bill we are talking about today, Bill C-61, intends to affirm first nations in the way they manage their water system to create tools for first nations to be able to protect the source of their waters. It also has the co-development piece of it, where we would work directly with first nations to get all this work done. It is also important that we continue to collaborate, not just within the communities and the first nations, but also with every level of government and everybody in this House. Maybe my colleague could comment a bit more on that.

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Chair, I was listening to the member's speech. I want to, first of all, thank the NDP for initiating this take-note debate today. Given where we are in terms of access to water and clean water, today was a momentous day with the tabling of legislation in this House. Bill C-61 talks about clean drinking water for generations to come. It talks about ensuring that first nations, Inuit and Métis communities have the tools to control water systems and protect the lakes and rivers that they source their water from. It commits investments, ensuring that we do not return to Harper-era cuts, to freshwater systems. It is based on years of consultations and is the process of a co-developed system.

I wonder if the member opposite could comment upon the bill that was tabled today and how it turns the page on the legacy of the previous Conservative government.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Chair, I would like to thank the hon. minister for his comments. I know he spoke about Bill C-61, but here is the thing: It is 2023 and the government is patting itself on the back because we do not have that many more boil water advisories to deal with. There are 26. It is abhorrent. The normalization of violating the rights of indigenous people is so accepted in Canada and by the government that we are bragging that there are still 26 boil water advisories. I find this shocking.

What we are actually here to talk about is the sunsetting of $7.6 billion in programs to Indigenous Services Canada. We know that, under the current situation, this is costing people's lives. I have had the pleasure of working a lot with the minister around the issue of murdered and missing indigenous women and girls, two-spirit people and gender-diverse folks, and some of these cuts will make the difference between somebody living or not.

Does my hon. colleague agree with me that these cuts are reckless, knowing that most of these programs are underfunded? Is he committed to doing whatever he needs to do to make sure that does not happen?

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Chair, I know Bill C-61 is not the subject of our conversation today, but it is one of the first co-developed pieces of legislation that has been introduced. It really stems from the implementation of the UN Declaration on the Rights of Indigenous Peoples, or UNDRIP. In many ways it was co-developed, and there were a number of different elements to that. One of them was consultation, which included two sets of consultations. One was for the initial draft and the second was for an improved draft. Subsequent to that, there was a group that did work, and many of them spoke today. We had the Chiefs of Ontario and Grand Chief Glen Hare, for example, who spoke today, and others spoke about the work they did to co-develop.

I am very proud of the fact that this was co-developed. I think we can take a lot of learning from here and apply it to other legislation we are developing and co-developing. I look forward to working with my colleague to improve this process.

[Gary Anandasangaree, Liberal, Minister of Crown-Indigenous Relations]

Madam Chair, I would first like to acknowledge that we are gathered on the unceded traditional territory of the Algonquin Anishinabe people.

Earlier today, I joined the Minister of Indigenous Services as she introduced Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands.

This bill is an important step toward ensuring that all Canadians have access to safe, clean drinking water.

First nations have long called for legislation that affirms their inherent rights, recognizes their stewardship in keeping water clean and meets first nations' needs. This bill is part of our government's commitment to establishing new proposed safe drinking and waste-water legislation in consultation and in conjunction with first nations.

It closely aligns with the ongoing efforts of Crown-Indigenous Relations and Northern Affairs Canada to strengthen relationships between the federal government and indigenous people. This collaboration with CIRNAC is essential in addressing the broader context of indigenous rights and self-determination.

On a personal note, upon my appointment as the Minister of Crown-Indigenous Relations, I emphasized that my contribution to this role stems from a lived experience, a profound understanding of what survival entails, the impact of oppression and the enduring effects of colonialism.

I bring this perspective in the most personal and heartfelt manner, and I am committed to working in partnership with indigenous communities to walk the path of reconciliation, which includes improving water and waste-water operations. On this note, I would like to thank my colleagues opposite for their incredible advocacy and their persistent efforts to keep the government accountable.

First nations have put in the hard work required, with support from Indigenous Services Canada, to lift 143 long-term drinking water advisories.

We recognize that there is more to do. For the 28 active long-term advisories that still exist, there are comprehensive action plans in place for each of the 26 affected communities. Our government is collaborating with first nations to lift advisories on public systems as quickly as possible.

We will continue to make sustainable investments that support access to safe and clean drinking water in first nations. This includes expanding existing water delivery systems and supporting local water operators with their regular monitoring and testing of water quality.

This commitment is paying off, as 267 short-term advisories have been prevented from becoming long-term advisories. Moreover, many of these have been resolved quickly by operators.

For example, in Yukon, the circuit rider training program is implemented by Yukon University, with the support of Crown-Indigenous Relations and Northern Affairs Canada. This is one example of our government supporting first nations as they take control of their water operations.

This program is funded by Indigenous Services Canada and delivered on-site. It provides training and support to local water operators, who are responsible for monitoring and maintaining water systems in first nations communities.

We acknowledge that it is not enough to only eliminate existing long-term drinking water advisories. We need to ensure that everyone in Canada can have reliable access to safe drinking water. In order to make this happen, first nations must have the capacity to operate their own water systems and the self-determination access to do so.

This year, Warren Brown from Lytton First Nation received the 2023 National First Nations Water Leadership Award for his outstanding commitment to protecting his community's water supply. While others in his community evacuated to escape the threat of wildfires in 2021, Brown stayed behind to maintain the community's water treatment plant. This meant that the community was able to enjoy clean drinking water when they returned home. Today, Warren Brown operates 13 drinking water systems and has helped lift six long-term drinking water advisories.

Last year, Indigenous Services Canada launched a call for proposals to identify how water operators on reserves can be better supported. This led to the funding of training workshops for current water operators, as well as funding for programs to attract new water operators in the field.

We have seen meaningful results from our government's effort to help first nations control their own water infrastructure. Transformative work is happening in first nations communities across Canada. The Atlantic First Nations Water Authority is a leading example of first nations showing innovative solutions to water solutions. This central water authority supports first nations communities in Atlantic Canada to upgrade, maintain and manage water and waste-water services. Most importantly, this authority is controlled by first nations and is a strong example of a step toward self-determination.

The AFNWA draws from traditional values, culture and knowledge to help guide its operators. The work merges indigenous knowledge, such as the seven grandfather teachings, with western science, which is an approach called two-eyed seeing. For those who may not be familiar with two-eyed seeing, it is a guiding principle that encourages the simultaneous use of indigenous and western world views. It recognizes the values of both perspectives, allowing communities to draw from the strengths of both traditions to find innovative and holistic solutions.

Part of the reason we are seeing these important strides forward is that communities can implement different solutions according to their own needs. There is no one-plan-fits-all approach. This work is guided at a community's own pace. This emphasis on self-determination allows communities to tailor solutions to their unique needs. The positive outcomes of this approach are evident in the success stories we have witnessed across various regions.

Our government recognizes that we must work in partnership with indigenous communities to ensure that everyone has access to safe and clean drinking water. First nations partners show innovation and leadership in water practices, and we must ensure that communities have the tools and resources they need to implement their own approach and solutions.

In conclusion, this is an ongoing commitment. The collaboration efforts between our government and first nations communities are about an enduring partnership. There will always be more work to do, and we look forward to continuing this journey together.