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.

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

Thank you.

I think Treaty Three Police Service is a good example of a tripartite approach to policing. As you know, the federal government funds a portion of policing, and the province funds a portion of policing. In some cases, it's expected to provide those policing services. Obviously, some communities go without in the province of Ontario, as a result of, I would say, continued discrimination in access to services for first nations people in remote communities. We will continue to work with first nations, provinces and policy experts to make sure that whatever we co-develop will be through the lens of self-determination.

I'm glad to hear you speak about that, because it's the foundation of Bill C-61, the water legislation—as you know. It's about restoring self-determination so first nations communities have programs they are in control of that meet their needs. Therefore, I'll look forward to your advocacy at the provincial level as well. I know you know many of those people.

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

Thank you very much.

Some of the bills I listed, as you know, are under way. Bill C-61 is currently in front of this committee and, as I said, we'll be going through clause-by-clause. That's very important.

We hope we will see less obstruction in the House of Commons so that bills like Bill C-38 can actually get debated. Bill C-38, as you know, is about continuing to address inequities—in particular, gender-based inequities—in the Indian Act. There are families waiting for that bill to be debated in the House to finish the important work so that we can right these wrongs.

What we need is committees doing the important work on Bill C-61. On Bill C-38, we need to see movement in the House so that the debate can actually continue on legislation that matters to Canadians.

[Lori Idlout, NDP, Nunavut, NU]

[Member spoke in Inuktitut, interpreted as follows:]

I'm sorry. I don't have a lot of time. I was hoping to hear a shorter response.

Now my question will be for Minister Patty Hajdu because of the time restraint we have.

You told us, for example, about Bill C-61 and Bill C-23. Those pertain to indigenous people. My question, Minister Hajdu, is why these bills haven't reached indigenous communities. They don't seem to be effective. As indigenous people, we are rights holders, but they are not respected.

Can you give us a clear response, please?

[Patty Hajdu, Liberal, Minister of Indigenous Services]

Thank you very much, Mr. Chair.

To all members, hello, kwe, ulaakut , tansi and bonjour. I'm so pleased to be here with you today on the territory of the Algonquin peoples to discuss my priorities as Minister of Indigenous Services.

Supporting long-term and reliable access to clean water for first nations communities is a top priority for this government. For decades, boil water advisories have persisted in first nations communities, creating a shameful reality where families are living with uncertainty over their most basic need. We've been working with partners to ensure this reality in Canada comes to an end.

Over the last eight years, we've invested in communities, and today, 83% of the long-term drinking water advisories impacting first nations that were in place in 2015 have been lifted. These investments have also prevented over 275 short-term advisories from becoming long-term ones.

This summer, I was in Star Blanket Cree Nation to celebrate with them the opening of their new water treatment plant. The chief, council and water operators were so joyful to be able to bring this most essential service to their members. It was an honour to be with this community on such an emotional day.

We do see a path to all remaining advisories being lifted, but as we continue this work, we must make sure we never find ourselves back in this place again. Bill C-61 is our response: a commitment built on partnership, engagement and recognizing the inherent rights of first nations to manage and control their own water systems.

This bill creates the tools of self-determination for first nations to protect source water and maintain drinking water and waste-water infrastructure on first nation lands. You've heard from over 60 witnesses that the status quo needs to change, and as the committee is set to begin clause-by-clause consideration very soon, I hope you will all treat this bill with the urgency that it deserves.

Children are the future, and ensuring that indigenous children have access to the services they need remains a shared responsibility.

All children and youth deserve a quality education. First nations, Inuit and Métis children should grow up with access to education that is aligned with their cultures and traditions without having to leave home. By working directly with communities, we have focused on building culturally mindful, healthy learning environments for indigenous students that reflect their distinct needs and priorities.

Earlier this month, I joined Piikani Nation to announce the funding for a new school facility that will serve over 600 students from kindergarten to grade 12 in their community. This $50-million investment will make sure that kids have access to high-quality education while they stay deeply connected to their culture and their homes.

Supporting students contributes to the growth and prosperity of communities.

When we support these kinds of projects and communities, we're supporting future generations of indigenous leaders who are proud of where they come from and who they are.

We also believe in self-determination and support first nations-led health organizations and projects across the country, including the June 2024 agreement in principle with the Southern Chiefs' Organization in Manitoba.

We all recognize that historical trauma and colonization have contributed to the poor mental health and substance use challenges that many indigenous community members face.

By following the lead of indigenous partners in supporting holistic approaches to wellness, as well as indigenous-led, community-based and culturally relevant interventions, we are together building safer, healthier and more resilient communities.

First nations living in communities should also have access to primary care and safe, welcoming facilities to receive their health services. Our government has made progress in this area.

We have invested $157.9 million in the Norway House Cree Nation Health Centre of Excellence, which opened in August 2024 and is the largest indigenous-run health centre in Manitoba.

I think the work we've done in partnership with indigenous communities since 2015 is making an important difference. We've come a long way, but we can't take our progress for granted. Members of Parliament of all political stripes can be part of lasting systemic change by moving on urgently needed legislation like bills C-61, C-38, C-23 and S‑16.

Together, we really can build a system where everyone has a fair chance to succeed.

I'm looking forward to your questions. Thank you. Meegwetch. Qujannamiik. Marsi. Merci.

[The Chair, Liberal, Patrick Weiler]

Okay. We can expect to have a compilation of all of the evidence and amendments that came up as part of the consideration of Bill C-61, so members can look forward to that.

We have the deadline for submitting amendments in advance, which will be on Tuesday. I believe it's at noon. I want to remind members of that. Then on Thursday, we will begin clause-by-clause consideration of Bill C-61. I wanted to give you that short reminder.

That concludes the business we have today.

Is it the will of the committee to adjourn?

Indigenous Affairs

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

Mr. Speaker, I just met with the chief from Tataskweyak a few hours ago. We talked about the importance of Bill C-61 and the work that Tataskweyak and the other communities have done on the legislation to ensure that we never go back to a time when well over 145 communities were suffering through long-term boil water advisories.

That is the work the government will continue to do in partnership with first nations leaders. I hope the NDP will see that this is important legislation that needs to get through the House and give it their full support.

[Jenica Atwin, Liberal, Fredericton, NB]

Thank you very much, Mr. Chair, and thank you so much, Minister and officials, for being with us again today.

I just want to start with again reminding Canadians and our committee of how we got here, which is chronic underfunding, discrimination, oppression in our system, a bill that was previously inadequate and didn't respond to the needs of indigenous communities across the country, and currently having no enforceable standards right now for clean drinking water and wastewater protections for communities.

I think it's disrespectful to the work of indigenous peoples and voices across this country not to acknowledge the progress we've made. Of course there are still gaps. Of course it's still inadequate. We have to keep working and fighting. However, I think if we don't acknowledge how far we've come, it puts that better future in jeopardy. I just wanted to preface my comments this morning with that.

Minister, really, we've heard from incredible voices. The testimony at this committee is just such an honour to be a part of. We've heard concerns. We have heard amendments that have been brought forward. We've heard perhaps also misunderstandings with how the bill will work in application for communities as they move forward.

I'd like to go through some of those concerns quickly. A big one we're hearing is the idea that Bill C-61 removes any responsibility from the federal government for ensuring this water protection moving forward. Can you speak to that?

[Nelson Barbosa, Director General, Community Infrastructure, Department of Indigenous Services]

If we go back to Bill C-61, I would point to some of the language around “substantive equality” and “comparable services” with regard to the question around the availability of parts. In some cases, it's not just removing one small artifact or one small piece of equipment; it's about large-scale replacement or expansions of systems.

When we're talking about critical failures of important pieces of work, it's not so much about getting a team of engineers in there as about providing long-term solutions to long-term problems. That's what this legislation proposes to—

[Patty Hajdu, Liberal, Minister of Indigenous Services]

Thank you very much, Mr. Chair. I will be able to stay slightly longer than originally scheduled because of the delay in the start time, but I think we have a hard stop at a quarter to the hour. I really do want to have a full conversation here.

I'm really glad that the committee has listened to so many witnesses over the study of this legislation. It's so important that we respect the voices of first nations, and the diversity of those expressions and perspectives is what makes us such a fantastic country.

I'm very happy to join you today on the traditional, unceded territory of the Algonquin and Anishinabe people to discuss Bill C-61, which, as you know, is called the First Nations Clean Water Act. This bill, as you've heard through witnesses, reflects an immense amount of work, of collaboration, knowledge sharing, and real heart from first nations partners. It really is their work, their contributions and their leadership that have brought us to this point today.

The day Bill C-61 was introduced, Chief Erica Beaudin of Cowessess First Nation said, “I believe that today is historic; not only because the bill has been introduced, but because it is the start of that day where our children will be born with the regulations that are needed.”

As the bill moves through the parliamentary process, it's now our responsibility as parliamentarians to treat this bill with the respect and the urgency that it deserves. I agree with everyone that it is unacceptable that there are first nations communities that do not have safe and clean drinking water, and that's what led to the promise to end long-term drinking water advisories that was made in 2015, and we have made significant progress. In fact, I'm pleased to share that just yesterday, Fort Severn First Nation lifted their long-term drinking water advisory. That one had been in place since December 2022.

However, we will never be out of this cycle of long-term boil water advisories and short-term boil water advisories if we don't fix the system that allowed for this process to happen in the first place. That's what the underlying intent behind Bill C-61 is. It's to change the way we do things in this country so that we're not ever again in the position that we were in 2015.

Bill C-61 would establish minimum standards for water services on first nations lands based on first nation choice. It would affirm the inherent right of first nations to self-government with respect to water, supporting first nations' authority, management, maintenance and protection of their water in, on and under their lands.

It also reinforces the essential role that provinces and territories play. You've heard many stories through this study of provincial governments, including while I was here listening to other witnesses—provincial governments that have ignored and excluded first nations when it comes to water rights and resource management. As a federal government, we do have the responsibility to make sure that first nations have the tools they need to ensure that their inherent rights are affirmed and that their jurisdiction is respected.

In fact, Chief Knowlton said, “You ought to be behind us or in front of us or beside us in any battles that we're going to have with Alberta. That's federal jurisdiction. Your obligation, the fiduciary responsibility of Canada, is to protect the first nations you signed treaty with.”

I know that no provincial or territorial governments chose to appear as part of this study, and it's disappointing, because it's actually an opportunity for provinces and territories to work more closely with first nations partners, but this legislation does provide tools to encourage and support those relationships, and it's a signal of the critical need for this legislation.

Bill C-61 requires the Government of Canada to make best efforts in providing adequate and sustainable funding for water services on first nations lands, and that the services be comparable to those in non-indigenous communities. The term “best efforts” sets a high standard through which the Government of Canada is legally accountable to first nations. Furthermore, the flexibility in the bill also ensures first nations will determine exactly what resources they need to properly fund and maintain their water systems.

The Atlantic First Nations Water Authority said it well:

One has to come before the other. We don't know how much money we need until we develop our regulations. With those regulations, we can then set forward how much money we need and what our long-term strategic vision for that infrastructure would be.

Bill C-61 is a reflection of the direct engagement, extensive collaboration and knowledge sharing with first nations partners, and you've heard many witnesses talk about how they've contributed to the bill and what they've advocated for inclusion.

First nations partners closely collaborated on this bill, and we've been working with first nations partners and keeping them up to date. I hope that this sets a path for the kind of co-development this country could use for many different kinds of legislation.

The engagement process didn't end at introduction. We've continued through the work that you're doing in this study, and as I've said from the beginning, we're open to ways that we can make this bill even stronger, guided by first nations voices.

Chief Emerita Emily Whetung-MacInnes asked us:

Please do not politicize [our] first nations' access to one of the basic necessities of life. This is a matter that is too important to get caught up in party politics. The legislation that you're considering relates to a subsection of Canadians whose human rights have been ignored for too long.

Bill C-61 is a critical step toward making sure future generations in communities like Neskantaga, Tataskweyak and Curve Lake will never know what it's like to live without reliable and safe drinking water. By working together, we have an opportunity to make this a reality for thousands of people.

Mr. Chair, I'm happy to answer any questions or share more information with the committee about how important this bill is.

Meegwetch. Qujannamiik.Marsi. Thank you.

[National Chief Cindy Woodhouse Nepinak]

Thank you for that question.

Regarding Bill C-61, there are many areas the AFN and first nations across Canada have consistently advocated for: the recognition of our inherent right over source water—I think we have to work towards that; the minimum binational standards, of course; commitment to a funding framework; and liability protection for water service employees of first nations governments. We have a lot of issues we need to work through.

You're absolutely right. As Chief Jacko said, there's too much industry. What trumps that? Is it the environment or industry? We're not in balance, my friends. We know that. As we're working through this very important moment in the history of our people, we need to work together and get this right.

You've heard from many of us today. You've heard from our experts. We've submitted our written submission already, I'm sure. We urge all of you to read through that and take into strong consideration AFN's position, and our amendments. Let's make this right and get this right, once and for all. Let's move this very quickly. We don't have time to wait. The planet is waiting for us. First nations are waiting for clean drinking water every single day. That's unacceptable. I urge you all to get down to business.

I'm looking at the staff in the back. Thank you for your commitment as well.

Let's get this right and let's get this to royal assent with the amendments.

Thank you.

[Lori Idlout, NDP, Nunavut, NU]

Qujannamiik, Iksivautaq.

Thank you to all of the witnesses for appearing before our committee on such an important matter.

I share the sentiments with acting Chief Betsy Kennedy on the sudden loss that we all experienced with the loss of Chief Merrick. She had such an important role, and for you to take on this role at this urgent time is much appreciated. Thank you for sharing your testimony as well.

I'm quite honestly frustrated with this committee, because we've been limited in our time to ask so many witnesses questions. I'm frustrated with this committee that we're trying to rush through as many witnesses as we can, especially knowing that out of the 634 first nations, only about 31% were consulted in the development of this bill.

In my eyes, this is not meeting the standard of the duty to consult. I think it is so important that we hear from as many witnesses as possible.

We had great testimony, for example, from Chief Trevor John, who shared very clearly what the concerns are around source water, jurisdiction and sustainable infrastructure. Those things in the bill are not clear enough, especially in this time when we all know that first nations managed water with their own laws before Canada stole your jurisdiction, and for them to try to hand it back in Bill C-61 is completely unacceptable.

We need to do a better job of ensuring that first nations treaties are being implemented and that first nations' human right to water is being upheld, and we're not seeing that in Bill C-61.

Chief Cindy Woodhouse Nepinak, congratulations on becoming the National Chief for the Assembly of First Nations. I wanted to point to the Federal Court case with Shamattawa First Nation, in which the federal lawyer, Scott Farlinger, at first acknowledged that there's been a historic underinvestment in first nations' water, but also shared his argument that “everything is better now”.

Can you respond to that, please, Chief Woodhouse?

[Ben Carr, Liberal, Winnipeg South Centre, MB]

Thank you very much, Mr. Chair.

I want to begin briefly on two personal notes and echo some sentiments that have been shared already.

To Grand Chief Kennedy, it's a pleasure to be with you here this morning. As the sole Manitoba representative around the table, I can certainly share the feelings of many in Parliament and across the province of our grief and shock about the passing of Chief Merrick. I'm very much looking forward to working with you and continuing the legacy, path and vision that she set forward as you undertake these important responsibilities as grand chief of the AMC.

Chief Woodhouse, this is a special moment for me, because you and I have known each other since we were 15 years old. I have seen you work hard and grow into an inspiring and meaningful leader. Much of my understanding of our history as it pertains to first nations people, our public policy development and our path towards truth and reconciliation has been informed by the mentorship, guidance and friendship that you have provided to me over the years. To be with you in this capacity is quite special to me.

I want to take a step back, National Chief, and ask you to more broadly address the evolution in the past number of years of where we have come on this water file, in your view. As regional chief, it was one that you invested a fair amount of time in developing.

I'm wondering if you can provide some commentary about how you have seen the evolution of our public policy around the protection of first nations' rights, particularly as it pertains to water, from your time as regional chief, and then where we're at here today as we're talking about implementing the legislation found in Bill C-61.

[Eric Melillo, Conservative, Kenora, ON]

Thank you very much. I appreciate that.

I want to ask National Chief Woodhouse a question.

We've heard from officials at ISC and witnesses here at the committee that the government has incorporated direct feedback from first nations in the development of this bill. Can you give any examples of direct feedback from AFN that has been incorporated into Bill C-61?

[Chief Betsy Kennedy]

Thank you.

AMC developed a proposed draft of a first nations water strategy in 2013 through a process that enabled first nations in Manitoba to come together and express their views and to share their knowledge. This draft outlines key issues and actions related to water rights, access, protection and management that could be built upon the context of Bill C-61.

Thank you.

[Chief Trevor John, Kehewin Cree Nation]

Thank you.

First and foremost, I'd like to thank the Creator for blessing us all with a beautiful day and this time together.

I would like to thank our national chief, Cindy Woodhouse Nepinak, for helping us get this time together with all you folks.

I'd like to thank the elder for blessing us with a prayer this morning. It's always good to start out with a prayer in our culture, so hay hay to Elder Betsy.

For those of you who don't know me, my name is Chief Trevor John. I'm from Kehewin Cree Nation, Treaty No. 6, Alberta region.

Tansi, boozhoo and hello.

Kehewin Cree Nation, like many of our neighbouring Cree tribes, sits near a water source. This is no mistake. Our ancestors, at treaty time and along with the dominion of Canada officials, marked out spaces that the Indian Act calls reserves, where our people would have access to the basic human right of safe drinking water. The treaties themselves are referred to as lasting in perpetuity for as long as the sun shines, the grass grows and, yes, the waters flow.

Canada has a lasting obligation under this relationship created by treaty to ensure that treaty first nations are supported as far as water and related infrastructure are concerned. This bill intends to abandon all of this in favour of section 35 rights of self-determination. This is wrong, shameful and unethical, yet here we are in 2024 with exactly that.

It must be said that the preamble of Bill C-61 has good-sounding words and all the right language about reconciliation and recognition. It sounds good on the surface for sure, but it doesn't bind Canada or Alberta to ensuring that the legislation does what the intent of the preamble is—that is, to ensure safe and viable water and water infrastructure beyond best efforts.

If this bill goes forward, we feel it will not be linked to treaty-based implementation, planning objectives or milestones. Bill C-61 looks like lip service to a nice future but does not meet the reality we have with the Province of Alberta. This bill does not guarantee or bind Alberta, and based on our extensive experience with Alberta, there is no current recognition or relationship that enables us to be sure that our peoples will have sustainable infrastructure.

The title of Bill C-61 is “An act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands”.

Inside the bill it says, “on, in and under the First Nation lands”, and jurisdiction under treaty means the whole of the treaty territory. For many of our nations, that goes well beyond provincial lines whereby our reserves are designated. This is what needs reconciliation if the bill is to mean anything.

Canada, under its declaration action plan, states a commitment to “honourably implement historic and modern treaties” consistent with article 37 of the United Nations declaration. Bill C-61, in Canada's processes to discuss it, needs to work on it through this.

As a chief of my nation, this is not honourable with regard to the UN declaration commitment, and this bill, like those that came before it, will fail us.

Bill C-61 provides treaty first nations with no assurance for improving water health and meeting current or growing water infrastructure needs. It contains significant loopholes for Canada to delay implementation and decisions on commitments to providing funding for addressing long-standing needs. It does not contemplate binding obligations to ensure adequate or consistent resourcing for needs or how those real needs could change over time, considering climate change and other related impacts.

The bill says Canada will use “best efforts to ensure...access to clean and safe drinking water” on reserves, but this is not binding. With no clear implementation plan that considers actual and full costs according to those needs, we are setting the stage for new challenges for the next generations. This is not acceptable.

Canada often talks about a whole-of-government approach in relation to reconciliation. On water, the potential of this is something that could be supported with a treaty bilateral approach, but instead, Canada, this summer, through an order in council, gave permission to the Alberta, the Saskatchewan and the Manitoba provincial governments to reapportion water for their purposes, without a single interaction with our governments. This is not a good start for us to feel any assurance that “best efforts” language will help us and that our needs for water and related infrastructure will be prioritized.

Since 2019, Canada has indicated that it would be gradually transferring all programs and services to willing first nations. It is using comparability standards that are provincial standards in the implementation of the transfer of responsibility and calling that “self-determination”. It seems to us, as treaty leaders, that Canada, through ISC, is trying to leave its legal obligation because it knows what we know, because we have told them: The infrastructure gap in our nations is much larger than what AFN has told them.

Today, I'm asking on behalf of my peoples for Canada to get real and work with us to address the actual needs it's responsible for under treaty. As we have told the ministers, “treaty” means good faith dealing to adjust to the actual water and infrastructure needs of the nations and to ensure Bill C-61 is amended to address those needs as promised under the treaty relationship.

Hay hay.