Evidence of meeting #74 for Indigenous and Northern Affairs in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was regulations.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Graham Gagnon  Director, Dalhousie University, Centre for Water Resources Studies
Steve Hrudey  Former Panel Member, Expert Panel on Safe Drinking Water, As an Individual
Ernie Daykin  Director and Chair, Aboriginal Relations Committee, Metro Vancouver
Gary MacIsaac  Executive Director, Union of British Columbia Municipalities
Ralph Hildebrand  General Manager, Corporate Counsel, Corporate Services, Metro Vancouver
Dean Vicaire  Co-Chair, Atlantic Policy Congress of First Nations Chiefs Secretariat
John Paul  Executive Director, Atlantic Policy Congress of First Nations Chiefs Secretariat
Robert Howsam  Executive Director, Ontario First Nations Technical Services Advisory Group
Mathew Hoppe  Technical Manager, Ontario First Nations Technical Services Advisory Group

10:35 a.m.

Director and Chair, Aboriginal Relations Committee, Metro Vancouver

10:35 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Okay. Thank you.

The chair of the Metro Vancouver board is Mayor Moore.

10:35 a.m.

Director and Chair, Aboriginal Relations Committee, Metro Vancouver

Ernie Daykin

Correct. Yes.

10:35 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

I understand that he wrote to the then Minister Duncan on November 30 of last year, and the minister replied on February 7 and cc'd all the board members. So that would include you?

10:35 a.m.

Director and Chair, Aboriginal Relations Committee, Metro Vancouver

10:35 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

So you know the letter that I'm talking about.

10:35 a.m.

Director and Chair, Aboriginal Relations Committee, Metro Vancouver

10:35 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

And my friend Ms. Ambler, I think, referred to the letter, where the minister indicated unequivocally that Bill S-8 would not affect the municipality's ability to choose to pursue or not pursue municipal agreements with first nations.

You indicated in one of your answers that you're concerned about liability and you're concerned about off-loading. In your own brief you indicate in concern number two that the transfer of responsibilities is unknown. You, or whoever wrote this, states that Bill S-8 does not explicitly download duties and responsibilities onto local governments.

10:35 a.m.

Director and Chair, Aboriginal Relations Committee, Metro Vancouver

Ernie Daykin

That's correct.

10:35 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

That's your position, but you're concerned that there might be some hidden meaning or something in the regulations that might mitigate against that.

10:35 a.m.

Director and Chair, Aboriginal Relations Committee, Metro Vancouver

10:40 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Okay.

If I understand your concerns—and this is partly in what you said, but more from what I've read—you're concerned that if the federal government enters into an agreement with the Province of British Columbia that might somehow obligate you to provide services to first nations, notwithstanding that you acknowledge that there's no express download.

Am I understanding your position correctly?

10:40 a.m.

Director and Chair, Aboriginal Relations Committee, Metro Vancouver

10:40 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

I don't mean to put words in your mouth.

10:40 a.m.

Director and Chair, Aboriginal Relations Committee, Metro Vancouver

Ernie Daykin

No. That's correct, but I think there's some concern that if a member municipality or the region cannot come to a servicing agreement resolution, there may be the ability to impose a solution on either of us.

10:40 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Sure. Because you're [Inaudible--Editor]...the province.

10:40 a.m.

Director and Chair, Aboriginal Relations Committee, Metro Vancouver

10:40 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

My question is very simple. What in Bill S-8 concerns you that the federal government will be authorized to enter into an agreement with the provincial government that will ultimately bind you? I'm looking for it in Bill S-8 and I just don't see it. I'm not saying it's not there, but I'm trying to find the basis for your concern.

I ask because I can't find it. Maybe we can come back to that after the meeting is over.

10:40 a.m.

General Manager, Corporate Counsel, Corporate Services, Metro Vancouver

Ralph Hildebrand

It's a concern about the federal government and the provinces being able to come to an agreement with respect to regulations—and that's encapsulated elsewhere in the bill as well.

10:40 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

But the regulations are with respect to standards; the regulations are not with respect to compelling the provision of service.

10:40 a.m.

General Manager, Corporate Counsel, Corporate Services, Metro Vancouver

Ralph Hildebrand

Well, in our position that it's not clear in the bill.

10:40 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

At least I understand your concern now. All right.

How much time do I have, Mr. Chair?

10:40 a.m.

Conservative

The Chair Conservative Chris Warkentin

[Inaudible--Editor]

10:40 a.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Thank you.

So you understand, and I think you said this quite candidly, that this is essentially enabling legislation. As with any enabling legislation, the devil is in the detail. Am I correct in understanding that you're more concerned about the regulations or what they might look like than you are about the statute per se?

10:40 a.m.

Director and Chair, Aboriginal Relations Committee, Metro Vancouver

Ernie Daykin

Correct. We recognize this is a bill with.... I'm going to maybe characterize it in my way: I see this as a skeleton or a framework that needs to be fleshed out.