Bill C-61

First Nations Clean Water Act

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

Sponsor

Patty Hajdu Liberal

Status

Report stage (House), as of Dec. 2, 2024

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Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-61s:

C-61 (2017) Law Anishinabek Nation Education Agreement Act

C-61 (2015) Law Lake Superior National Marine Conservation Area Act

C-61 (2013) Offshore Health and Safety Act

C-61 (2011) Law Assets of Corrupt Foreign Officials Act

Debate Summary

This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-61, the First Nations Clean Water Act, aims to address the issue of access to clean water in First Nations communities by affirming their right to self-government over water resources, establishing regulatory pathways for water protection, and setting minimum national standards for drinking and wastewater services. The bill seeks to provide sustainable funding for water services and supports the creation of a First Nations-led water commission. While some First Nations groups support the bill, others have raised concerns about the adequacy of consultation and the scope of source water protection.

Liberal

Supports indigenous self-determination: The Liberal party supports the bill as a crucial step towards ensuring that all First Nations have access to clean drinking water for generations to come, respecting their inherent right to self-government and control over their water resources.
Collaborative development: The bill was co-developed through extensive consultations with First Nations leaders and communities, addressing their key priorities and ensuring their voices are central to the process, reflecting a commitment to true nation-to-nation partnership.
Addresses funding gaps: Bill C-61 strengthens funding commitments to provide adequate and sustainable resources for water services on First Nations lands, comparable to those in non-First Nations communities, and supports the creation of a First Nations-led water institution.
Protecting source water: The legislation aims to establish rights-based regulatory pathways to protect water and source water adjacent to First Nations lands, promoting interjurisdictional cooperation to safeguard water sources from pollution and contamination.

Conservative

Bill C-61 not a priority: The Conservatives note that the Liberals have not prioritized Bill C-61, and are rushing it through at the last minute. Consultation has not been adequate, and Parliament is expected to just stamp it so the government can check a box before summer.
No unanimous support: 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.
Call for new approach: The Conservatives say that a new approach is needed, a comprehensive and actionable plan that addresses both the immediate and long-term needs of these communities. They hope that Bill C-61 can be a positive step to achieving this goal.
Problems with consultation: The Conservatives raised concerns that the Minister is only to make best efforts to consult. They state that true consultation is not about just ticking a box, but about making sure that there is indigenous leadership and indigenous representation at the table when the bill is being discussed.

NDP

Bill C-61 falls short: The NDP believes that Bill C-61 falls short on respecting human and indigenous rights, and does not align with international human rights laws regarding water. They note that the legislation fails to expressly recognize a human right to drinking water or guarantee substantive equality for access to water services on and off First Nations lands, and does not include provisions for effective source water protection.
Need for legitimate co-development: The NDP emphasizes the importance of ensuring that as many First Nations as wish to be heard are afforded the opportunity to speak to this bill, including indigenous nations not represented by the Assembly of First Nations. They state that parliamentarians must incorporate indigenous ways of working together to ensure that Bill C-61 is truly co-developed and improved.
Treaty rights recognition: The NDP stresses that the bill does not fundamentally recognize First Nations' treaty rights to water. They advocate for the establishment of a treaty table with Treaty No. 6, Treaty No. 7, and Treaty No. 8 organizations to ensure their constitutional rights and their rights as a nation to define the future for their children are respected, as there is no future without water.
Protection of water: The NDP insists that First Nations must see a guarantee of the protection of water off reserve. They call for protection zones large enough to ensure the quantity of water needed to quench thirst is met for generations, and an end to legislation that would allow corporations to harm water and leave untreated chemicals in the waters.

Bloc

Too soon to judge: The Bloc is hesitant to give an opinion because First Nations are not in agreement about the bill. There are questions about the consultations that were held and about many of the bill's provisions.
Inadequate consultation process: The bill's notion of co-development is questionable because the government and its main partners are not in agreement. The government may need to review its consultation mechanism with First Nations to make it truly inclusive.
Funding is insufficient: The bill's language on funding is superficial, requiring only that the government provide "funding that, as a minimum, meets the commitment expenditures" set out in the 2021 Safe Drinking Water for First Nations Settlement Agreement. The government is only making "best efforts" to provide adequate funding, which is a gateway to inaction.
Basic human right: Bill C-61 does not recognize the basic human right to clean drinking water. Canada's refusal to recognize this right goes against its stated commitment in favour of the right to safe drinking water as a fundamental right within the United Nations.

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First Nations Clean Water ActGovernment Orders

June 5th, 2024 / 6:55 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

It being 6:58 p.m., pursuant to order made on Monday, June 3, Bill C-61, an act respecting water, source water, drinking water, wastewater and related infrastructure on first nation lands, is deemed read a second time and referred to a committee.

Accordingly, this bill stands referred to the Standing Committee on Indigenous and Northern Affairs.

(Bill read the second time and referred to a committee)