Good morning, members of the committee. My name is Desmond Mitchell, and I am grateful for the opportunity to speak with you today.
I'm a certified water operator with over 15 years of practical experience in working in and managing water utility systems. I had the privilege of establishing a utilities department for Tsuut’ina Nation, focusing on capacity building and skill development within the community.
Additionally, I collaborate with various organizations, including Water Movement; NIWAC, the National Indigenous Water Advisory Committee; and TSAG, the Technical Services Advisory Group. My work, along with others, has extended to a variety of first nations water initiatives across Canada.
Today I am here to voice my concerns about Bill C-61 from an operational standpoint.
I want to make one thing clear from the start: As someone who worked at many levels of water systems operations, I am deeply concerned about the practical impact this bill will have, particularly for water operators and public works staff. Quite simply, the operational foundation in many first nations communities is not yet ready. The reality is that many first nations communities do not have the technical capacity to manage their water systems in the way that this bill assumes. Throughout Water Movement, we have consistently demonstrated that there is a severe lack of support for water operators in first nations communities. Many operators work in under-resourced environments, often without access to ongoing training, mentorship or tools they need to do their jobs effectively.
Becoming a certified water operator is not something that happens overnight. It requires years of training, experience and support. It also requires a fully functional system in place, a support network that includes public works staff, proper infrastructure and access to professional development. Developing a capable and self-sufficient utility or public works department takes decades, especially when starting from a lower operational baseline.
The biggest concern I have with Bill C-61 is the liability it places on first nations, especially when so many communities are already struggling to retain dedicated and qualified operators. Water systems are complex, and they require not just skilled operators but an entire public works team that is properly trained, well-supported and fully staffed. Without a qualified and stable team in place, this bill is essentially a disaster waiting to happen. When water systems fail, it's the community that suffers, not just in terms of health risks but also in legal and financial consequences. By shifting responsibilities onto first nations without ensuring the proper operational support is already in place, this bill risks creating situations in which first nations are held liable for system failures that they simply don't have the capacity to prevent or manage. I also note that first nations will be liable for systems that have been diminished by lack of funding in previous years.
In its current form, the bill assumes that first nations can meet these new responsibilities, but the reality is that many communities are not equipped to take on the added burden. If there aren't enough certified operators or if the public works teams are stretched too thin, we'll see serious consequences. Infrastructure will fail, water quality could drop, and ultimately it'll be the first nation that faces the fallout—legally, financially and operationally. Simply put, without the proper support for retaining qualified operators and building robust public works teams, this bill is setting many communities up for failure.
Another major concern is that the consultation process for this bill largely overlooked the voices of those who are most affected: the water operators and public works staff who are responsible for the day-to-day management. We are the people who deal directly with the challenges of aging infrastructure, a lack of resources and gaps in operational support. We are the ones who understand what it takes to run water systems, because we do it every day. By not consulting directly with the water operators and public works teams, this bill overlooks the operational reality that many first nations are not prepared to handle.
I believe Bill C-61 needs to be reconsidered, with a focus on the operational foundation of first nations water systems.
This solution cannot be a top-down approach. It needs to start with the people on the ground, such as operators, public works staff and the departments tasked with managing these critical systems.
Before moving forward with strict timelines and standards, we need to focus on capacity building. My recommendations for this include the following—