Bill C-37

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

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

Mr. Speaker, first of all, we certainly want to acknowledge the very high ratings for this part of the week with the Thursday question.

I also want to celebrate the fact that, while every week is a good week to help Canadians with affordability, this week was a particularly good week, because the groceries and essentials benefit, which is up to $1,800 or $1,900 a year, went into the bank accounts of Canadians. The quarterly deposit was made. The Prime Minister announced today measures that will help tens of thousands of Canadians convert their homes to heat pumps, saving them money while helping with the cost of installation. The Parliamentary Budget Officer confirmed that our measures to reduce the gas tax and prolong the reduction will save the average family about $275 a year. It is a good week for affordability.

Finally, the bill that is so obviously and patently good in terms of moving Canada's strong economy forward that even Conservatives realized it was worthy of their support, Bill C-39, has now passed through second reading and is off to a special legislative committee.

It has indeed been a good week for Canadians.

Tomorrow we will proceed with second reading of Bill C-37, the first nations clean water act. When we return from constituency week, priority will be given to Bill C-40, which aims to strengthen Canada's defence sector; Bill C-38, the Canadian fuel affordability act; and Bill C-34, the safe social media act.

Note that Thursday, October 22, shall be an allotted day.

Finally, seconded by the member forRegina—Qu'Appelle, I would like to seek unanimous consent for the following motion:

That, notwithstanding any standing order or usual practice of the House, on Monday, October 19, 2026, the House shall continue to sit until midnight, provided that:

(a) at 6:30 p.m., the Speaker shall interrupt any proceedings then before the House and such proceedings shall be deemed adjourned, and the House shall proceed forthwith to the consideration of Bill C-38, An Act to amend the Excise Tax Act (extension of the federal fuel excise tax relief);

(b) after 6:30 p.m., no quorum calls, dilatory motions or requests for unanimous consent shall be received by the Chair, except for a unanimous consent motion to see the clock.

Building Canada Strong Act

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, we are not going to build Canada strong with this legislation. We would be building, in fact, a pipeline to the courts. For example, Bill C-39 would limit project review times to an arbitrary timeline of just one year, restricting time and resources for indigenous peoples to exercise their right to consultation and accommodation, as enshrined in section 35 of the Constitution Act, 1982. As AFN National Chief Cindy Woodhouse Nepinak has stated, “Any predetermined timeline principally designed to attract investment subordinates the honor of the Crown to commercial imperatives.”

Moreover, in reaction to the publication of Bill C-39, vice-chief Michael Smithers of Coldwater Indian Band said, “There is anger in our community today, as we hear that Canada has given the green light to a third Trans Mountain pipeline through the Coldwater Valley.... The Crown’s duty to consult and accommodate Coldwater remains unfilled and Canada and Trans Mountain are not legally or respectfully operating in our reserve.”

It is a pipeline to the courts. Nowhere in Bill C-39 is the right of accommodation mentioned, which would allow regulators to ignore what they learn in consultations about potential impacts to indigenous and first nations communities and to move forward.

Bill C-39 also does not contain any reference to the United Nations Declaration on the Rights of Indigenous Peoples, particularly the obligation to seek and obtain the free, prior and informed consent of indigenous peoples. That is the right to say yes, no, yes with conditions or maybe later. This is despite, through Bill C-15, the government's being legally obliged to align all past and future legislation with UNDRIP.

I would like to remind the Liberal government that the critical purposes of UNDRIP are found in article 5, that the UN declaration is a human rights instrument with application in Canadian law and that the government must take all measures necessary to ensure its laws are consistent with UNDRIP. Moreover, as of right now, Bill C-39 repeatedly talks about indigenous groups while, in fact, “indigenous groups” is not defined within the legislation, nor in international law, which recognizes the rights of indigenous nations as “peoples”, not groups.

The question can legitimately be asked: Is Bill C-39 consistent with UNDRIP? The answer is a very clear no. This raises the question of who exactly the bill is referring to, even in the case of indigenous peoples, when it talks about consultation with indigenous “groups” instead. Why is the government trying to use vague language to avoid the clear terminology in constitutional and international law?

In November 2024, Bill S-13 was adopted to add to the federal Interpretation Act a safeguard provision, a non-derogation clause, to protect indigenous peoples' section 35 constitutional rights. I question today whether any measures in Bill C-39 are inconsistent with this non-derogation clause of Bill S-13. If so, which would take precedent? Indigenous peoples' constitutional rights are being attacked, a clear sign of the government once again ignoring the rule of law.

Concerning these dangerous anti-indigenous measures in Bill C-39, the Nishnawbe Aski Nation said, “Our Chiefs are watching the Carney government’s legislative agenda with growing alarm. Bill C-5 was a direct attack on our rights, and Bill C-39 elevates this to an unprecedented level. This government is making clear and deliberate choices to accelerate development at the expense of the rights of our Nations and our leaders”.

The bill would also establish whole so-called regions of national interest, which experts have likened to special economic zones in Doug Ford's anti-indigenous, anti-environment Bill 5.

Bill C-39 would also impose arbitrary review deadlines for complex, large-scale projects with multi-faceted environmental and species risks. In fact, it would give the minister of the One Canadian Economy Act the power to ignore critical species protection laws, and we know why. The government is trying to turn a blind eye to species at risk, like the southern resident orcas, whose population has been reduced to 73 adults and whose survival is jeopardized by the government's careless plans for major projects.

According to Charlie Hatt, the director of climate at Ecojustice, “The oil and gas lobby has gotten what it has long wanted, but it does not have to be this way. We can strengthen environmental safeguards while securing our economy by investing in clean energy”.

Let us talk about water. Bill C-39 would allow ministers to exempt whole bodies of water from protective regulations and legislation, and to unilaterally permit companies to dump waste water. I am going to be keeping an eye out this Friday, when the government introduces Bill C-37, which would take away the human right to clean drinking water for first nations. The NDP is watching this bill closely.

The NDP will always stand side by side to protect the rule of law and protect our Constitution.

Business of the House

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

Mr. Speaker, I want to extend my own welcome back to Parliament to my colleague across the floor. I know that this particular slot in the week keeps people on the edge of their seats rapt, as we do the Thursday question at this time every week.

This is season two, episode one, and we do have to leave some cliffhangers, in the best TV tradition. I have taken careful note of the requests of my friend, the opposition House leader. He can be sure that we will continue to find ways to make life more affordable for Canadians, and prolonging the excise tax relief is an important step. As for the war in Iran, any increase in revenue that the government may have derived from it, we are returning to Canadians.

With respect to major projects, that is where we will leave the cliffhanger. As we return for the next episode, the opposition House Leader may have a different question to ask.

This afternoon and tomorrow, we will continue with the second reading debate of Bill C-39, the building Canada strong act.

When we return after spending a week in our ridings, we will resume consideration of that bill on Monday and Wednesday.

I would also like to inform the House that Tuesday, October 6, and Thursday, October 8, shall be allotted days.

Finally, Friday will be devoted to the second reading debate of Bill C-37, the first nations clean water act.

Thank you and welcome back, Mr. Speaker. It is good to see you again, too.

Commissioner for Modern Treaty Implementation Act

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, it is so nice to rise today as we begin another session.

I want to start by saying that the NDP absolutely supports Bill C-10. It is something that indigenous and modern treaty partners have long been asking for, an independent oversight and accountability mechanism over the federal government on modern treaty implementation.

This is also an obligation that is outlined in UNDRIP, which includes commitments to improve modern treaty implementation. This has been Canadian law, or affirmed in Canadian law, since the passing of Bill C-15 which received royal assent on June 21, 2021. However, as we know, it is one thing to change laws; it is another thing to change colonial behaviours.

With the Liberal government, I have not seen this kind of violation of, watering down of or pushing against indigenous rights since the Harper era. It is not surprising that our Prime Minister was taking photo ops with former prime minister Harper at his CEO summit that was held in Toronto just last week.

This bill would establish many important things. It would establish an independent commissioner for modern treaty implementation and support the office to review and audit federal institutions on the implementation of modern treaties and related agreements, with reports that would have to be tabled in Parliament. It requires draft findings to be shared and many other accountability measures. We know, and in fact on occasion the whole House has acknowledged, the importance in actually achieving reconciliation of respecting our treaties, which are affirmed by aboriginal rights and title that form part of our Constitution. The government has indicated that it is committed to achieving reconciliation with first nations, Inuit and Métis people.

Those are noble promises, but unfortunately, as we see a Liberal member and the Deputy Speaker of the House speaking during my time, interrupting my time, in action, this has been demonstrated to be completely unimportant to the current Liberal government.

We know that modern treaties are a part of our constitutional framework. We know that modern treaties were intended to establish a mutually agreed upon and enduring framework for reconciliation and ongoing relationships between the Government of Canada and indigenous peoples. Strong treaty relationships work when respected, when people work nation to nation. As the former prime minister Right Hon. Justin Trudeau has said, there is no more important relationship than that with indigenous peoples. When we respect treaty relationships, and when treaty partners actually respect each other, we can flourish, not only as independent nations but also as a country that we now call Canada.

This was affirmed and is part of the articles in the United Nations Declaration on the Rights of Indigenous Peoples, which states:

Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.

It also states in the United Nations declaration that its purposes are to provide a framework for the Government of Canada's implementation of the declaration to affirm that the declaration is a universal international human rights instrument with application in Canadian law, something that we affirmed through the passing of Bill C-15.

We know the minimum human rights standard, the bottom floor that formed part of the declaration. What is stated in the declaration are “the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world”, and they must be implemented in Canada. As I indicated, actions speak louder than words, and unfortunately the Liberal government has demonstrated, not through its words but through its actions, that it is not dedicated to reconciliation. In fact, in the year and a half since the election of the so-called new Liberal government, our Prime Minister has made many gaffes in terms of respecting and upholding treaty rights in this country.

In November 2025, the federal-Alberta memorandum of understanding on energy development, which endorsed the construction of a new bitumen pipeline from Alberta to the B.C. coast, failed to include impacted indigenous nations, such as Treaty No. 6, Treaty No. 7, Treaty No. 8 and other nations, in decisions affecting their lands, territories and resources. The Confederacy of Treaty No. 6 First Nations stated, “We are disappointed the Confederacy...was not included at the decision making table prior to or during the signing of the MOU, despite the importance both governments have placed on First Nations inclusion.” This is an example that actions speak louder than words. It went on to say:

We require a seat at any table where decisions are made that impact our People. Treaty No. 6 Nations are the only Rights Holders on this Land—there would be no Alberta without Treaty. It is unacceptable that we need to request this. There can be nothing for us, without us.

Actions speak louder than words. It is a slap in the face by the Liberal government to treaty partners. It is a clear demonstration of its total disregard of treaties, which was also demonstrated in June 2026, when the government was forced by a class-action settlement to introduce clean water legislation. However, according to the Anishinabek Nation Grand Council Chief Linda Debassige, “Bill C-37 was introduced without broad or meaningful input by first nations. Our letters of advocacy have been met with deafening silence”. This is another slap in the face to treaty partners.

Chiefs at the Assembly of First Nations unanimously opposed the Prime Minister's plan for projects of national interest, with AFN National Chief Cindy Woodhouse Nepinak denouncing the government's plan, stating, “The federal government can try and set up all the timelines that they want for project approvals, but they can't put a deadline on First Nations rights.”

I want to be clear. The NDP absolutely supports putting in place an independent treaty commissioner to oversee the actions of the government, but as we have seen through the actions of the government, it does not respect treaties, does not respect the United Nations Declaration on the Rights of Indigenous Peoples, does not respect the rule of law and does not respect our Constitution and section 35 rights. When this commissioner is put in place, will the government finally listen, follow a path of true reconciliation and respect our treaties?

Indigenous Affairs

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, the minister tabled Bill C‑37 yesterday, yet its definition of “First Nation lands” is limited to reserve lands under section 91(24) of the BNA Act. While the bill repeatedly references UNDRIP's application, it appears restricted to reserves. Indigenous peoples have rights that extend beyond reserve boundaries into their traditional territories.

Can the minister confirm that UNDRIP, including article 25, applies throughout indigenous peoples' traditional territories and not just on reserve, yes or no?

[Mandy Gull-Masty, Liberal, Minister of Indigenous Services]

Mr. Speaker, that was an important question. Bill C-37 would ensure that first nations have the authority and means to deliver safe, reliable drinking water in their communities. By affirming jurisdiction over water sources and by also ensuring drinking water and waste water for first nations, we would be enabling the development of clear, consistent, first nations-led standards. The authority—

[Terry Duguid, Liberal, Winnipeg South, MB]

Mr. Speaker, for far too long, too many first nations have gone without access to safe drinking water, which every community deserves.

Could the Minister of Indigenous Services explain how Bill C-37 would strengthen first nations' jurisdiction over water while helping to ensure safe, reliable drinking water for first nations across Canada?

[Terry Duguid, Liberal, Winnipeg South, MB]

Mr. Speaker, for far too long, too many first nations have gone without access to safe drinking water, which every community deserves.

Could the Minister of Indigenous Services explain how Bill C-37 would strengthen—