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.

Business of the House

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

Mr. Speaker, I thank my good friend, with whom we have, of course, ongoing co-operation and good work.

I can assure the hon. member that we will continue today with the report stage of Bill C-50, the sustainable jobs act, despite the 20,000 automated, AI-generated robo-amendments that the Conservatives put up to obstruct this bill. We will take up third reading debate on that bill on Monday.

On Tuesday, we will commence second reading debate on Bill C-64, an act respecting pharmacare.

The budget presentation will take place later that afternoon, at 4 p.m., with the first day of debate on the budget taking place on Thursday of next week.

On Wednesday, we hope to resume debate on second reading of Bill C-61, an act respecting water, source water, drinking water, wastewater and related infrastructure on first nation lands.

Lastly, on Friday, we will resume debate on the motion in relation to the amendments made by the Senate to Bill C-29, an act to provide for the establishment of a national council for reconciliation.

I thank all members for their co-operation.

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

Mr. Speaker, that member knows very well that he is about to stand up this evening to remove $376 that will be landing in the bank accounts of all of his constituents on April 16. He is going to vote against that, and if we go a little further outside his riding into the great prairie areas of Saskatchewan, they will get a 20% rural top-up in addition to that $376, so we will be very steadfast in supporting the policies of the government today and every day.

Tomorrow we will resume second reading debate of Bill C-38 concerning new registration requirements. When we return, and indeed we will return following the constituency weeks, we will call Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands.

Tuesday, April 9, shall be an allotted day, and furthermore, as the Deputy Prime Minister and Minister of Finance announced earlier this month, the budget will be presented on Tuesday, April 16. Pursuant to Standing Order 83(2), I request the designation of an order of the day for the budget presentation at 4:00 p.m. that day.

[Patty Hajdu, Liberal, Minister of Indigenous Services]

Thank you very much, Mr. Chair.

Thanks to the officials for taking time away from their busy jobs to be with me today. I thought it would be good to have the team with us so that they can answer to the level of detail that I think this committee deserves.

It's truly a joy to be with you here on the unceded territory of the Algonquin Anishinabe people.

I'd like to turn to the progress that our Liberal government has made towards reconciliation over the past eight years.

Prior to our government's election in 2015, the Conservatives had cut funding and refused to meet with indigenous chiefs.

Under Justin Trudeau, our government has made reconciliation a priority these past eight years.

That begins with water.

As you know, the previous Conservative government ignored the needs of first nations communities for clean water, and as a result, when we were elected, 105 long-term boil water advisories were in place. However, today, after working with communities and increasing investments by over 150%, the vast majority of first nations have clean drinking water they can trust.

We still have 4% of communities who live with a long-term advisory, but there is a plan under way for each of them, and Canadians can follow along online in terms of the status of the advisories for those communities.

As we know, we do need to be focused on sustained, equitable support for water systems, because if we don't have ongoing investments, not just in the equipment that serves first nations people but in the training for the maintenance, all of that progress could vanish. Reconciliation is not a destination but a journey, and it requires a long-term commitment, regardless of which party is leading the country.

That's why Bill C-61, the first nations clean water act, is so important to partners. This piece of legislation was developed through historic participation with first nations, and it restores the rights of first nations to manage their own water systems.

For the very first time in our history, it holds the federal government accountable for equitable funding for water systems in first nations. In fact, it installs an ability for first nations to work with the Government of Canada to determine levels of funding that will ensure clean water for generations to come.

The AFN is calling on Parliament to pass that bill, because as Chief Erica Beaudin of Cowessess First Nation said, “indigenous people, indigenous children deserve to be conceived, born and die [with] clean water [access]”.

It was therefore distressing for partners who were in the audience that day to see, on the first day of debate, a Conservative member of Parliament choose instead to repeat very tired stereotypes, ignoring the discriminatory funding as a cause of that lack of water. Many first nations people were deeply hurt by those comments, and many are still waiting for a sincere apology.

Indigenous peoples are also leading change in the housing sector. I recently celebrated the construction of new homes in the Liard First Nation with Chief Charlie. He told me that housing was essential to people's health and well-being. You know as well as I do that we still have a long way to go.

The report from the Auditor General yesterday shows that decades of colonialism and underinvestment have had significant and deep impacts on indigenous communities, and it's why our Liberal government has increased spending on housing for indigenous people by over 1,100%.

For the first time in recent history, the proportion of people living in overcrowded homes has stabilized and is starting to decrease. It's a huge contrast to the approach of the previous government, which resulted in only 99 houses built in first nations for a cost of $300 million.

In contrast, since 2015, over 34,000 homes have been built or renovated in first nations, with 22,000 already completed. This is fundamental because, as all of you know, better housing means that more people can reach their true potential.

Mr. Chair, I've said it already: Reconciliation is not a destination; it's a relationship, and respect is at the foundation of every good relationship. We must work directly with communities to address their needs, tackle the systemic issues they are facing and transfer the service delivery back under their control.

I know that this is an uncomfortable approach for those who are more comfortable with the paternalism of the past, but paternalism has not resulted in healthy communities and people. This government is working to live up to the promise of a Canada where everyone can truly reach their full potential, and we can only do that in partnership with indigenous peoples.

Meegwetch.Qujannamiik.Marsii. Thank you.

[Chief Billy-Joe Tuccaro]

Thank you.

In regard to the health study, it's something we tabled 20 years or so ago in regard to what's happening in this area. It always boils down to the lack of funding. We were in Ottawa a couple of weeks ago and we mentioned this to the health minister as well. It was the same thing—lack of funding. It blows my mind that where we're situated is the economic engine of Canada, but we cannot find some money to do a health study that can give us an idea of what is going on in the area.

I can say, as the chief of the Mikisew, that we haven't ever been anti-industry at all. We know there are safer ways of doing things. That's why we're asking for these different guidelines and thresholds to be lowered, so that my people can have a chance for a higher life expectancy, like the rest of Canada. It blows my mind, as the chief of the Mikisew Cree First Nation, that the federal government would even consider Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands.

Why do we have to be a second tier in this country when we were the first peoples of this land? That tells me that there are two tiers. Why can't we have the same access to clean drinking water that you guys get in Ottawa?

That's another thing. They talk about treat and release. I'll agree to treat and release if they can put that in a pipeline and you guys in Ottawa could drink that water first.

[Chief Billy-Joe Tuccaro]

In regard to Bill C-61, I can say this as a chief: Our concerns with the bill have not been met. I'm stating that because of where we're situated downstream from the oil sands and especially the largest wastelands. We're saying Bill C-61 is not adequate for us because, given where we live, why would we have the same guidelines in regard to the different thresholds and in regard to some things that aren't even being tested for, like naphthenic acids? We know those are potentially cancer-causing.

We, as Mikisew people, truly believe we haven't been consulted in regard to that. How could we have the same guidelines as the ones for people who live in Ottawa and the people who are living downstream? Everything goes by parts per million, where 0.05 is adequate. Anything below that is what's accumulating in my people. There are cumulative effects. That's why we're saying we need those thresholds to be buttoned down in regard to where we are situated.

Thank you.

[Monique Pauzé, Bloc, Repentigny, QC]

Very well.

I was saying that the more I learn about the human and environmental toll of oil sands production, the more outraged I become. You said that, without water, you will die. You are living that right now.

The committee's study is on freshwater, and your drinking water comes from the Athabasca River. It is incumbent on the government to always show honour, integrity and good faith in its dealings with indigenous peoples. As far as I can tell, at least three departments should be concerned by the situation in your community, but I gather that not one of them acted with honour or integrity.

I'm talking about Bill C-61, an act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands.

Do you think the government gave your concerns the consideration they deserved?

[Monique Pauzé, Bloc, Repentigny, QC]

Thank you to the witnesses.

It's nice to see you again, Chief Tuccaro.

The more I learn about the human and environmental toll of oil sands production, the more outraged I become.

You said that you depend on water and that, without it, you will die. You gave us examples of the situation.

However, I'd like you to tell us about your relationship with the federal government, and your thoughts on Bill C-61, an act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands. The committee is studying freshwater, and you rely on the Athabasca River for drinking water. It is incumbent upon Canada to show honour and integrity in all its dealings with indigenous peoples.

As of right now, three departments should be concerned about what's happening in your community. If I understand correctly, not one of them has acted honourably or with integrity.

Bill C-61 is currently at second reading. Do you really think that the government gave your concerns the consideration they deserved?

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

Mr. Speaker, I can assure you that nothing is scarier than driving down Conservative highways, whether it is in Kamouraska or Témiscouata. Conservatives vote against highway infrastructure and refuse to fund them.

Later today, we will be voting on third reading of Bill C-62, medical assistance in dying.

Tomorrow, we will resume debate on the motion respecting the Senate amendment to Bill C-35, the early learning and child care legislation.

Next week is a constituency week during which the House is adjourned. We will, of course, be in our ridings to serve our constituents.

Upon our return, the agenda will include Bill C‑58, an act to amend the Canada Labour Code and the Canada Industrial Relations Board regulations, 2012, which deals with replacement workers. On Wednesday, we will continue debate on Bill C‑61, an act respecting water, source water, drinking water, wastewater and related infrastructure on first nation lands. Finally, Tuesday and Thursday will be allotted days.

I thank the members for their attention and wish them a good week in their ridings.

First Nations Clean Water Act

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is a pleasure to speak to such an important piece of legislation. Earlier today, in the form of a question, I talked about important legislation that this legislature deals with, and I cited two pieces. One is the one that is up for debate right now, Bill C-61 and the issue of water; and later this afternoon we are going to be debating in third reading the issue of the Canada-Ukraine trade agreement. As we go through the coming days and the weeks ahead, we are going to be debating substantial pieces of legislation that will have a profound impact in all the different regions of our country. We would hope that the Conservatives in particular will look at the legislation for what it is and ultimately, whether they vote in favour of it or against it, at least allow for that debate to occur.

When I posed a specific question about Bill C-61 to the Conservative critic, he said that it was the government that sets the agenda, as he tried to pass the buck. The member is correct that we do bring forward the legislation, but we are very dependent on opposition members to work with the government in trying to get it out of second reading in order to get things to a debate. The Canada-Ukraine trade agreement is a good example of that.

As I said, I look forward to that debate, but the reason I asked the question in regard to Bill C-61 is that I would also like to see the Conservative Party take a proactive approach to seeing this substantive legislation ultimately pass. It is really important for us to recognize that there is a very limited amount of time in which we can actually debate on the floor of the House of Commons, and we would like to see that this legislation actually gets to committee.

It is important to recognize that it is codeveloped. This is something on which a great deal of consultation and work with the first nations communities was done in order to be able to have what I believe is and what the minister refers to as codeveloped legislation. It would have a very real and tangible impact in terms of water supply.

I have had, if not directly first-hand, an indirect first-hand experience in terms of dealing with the issue of water, and that is with Shoal Lake. With respect to the history of Shoal Lake and how Winnipeg ultimately came to receive the water we receive today, which is virtually untreated, that water comes from Shoal Lake. The Ojibway were protecting that water and had accessed and resourced that water for thousands of years. The City of Winnipeg is actually responsible for ensuring now that we are able to get water, and we turn to Shoal Lake. First Nation No. 40 provides us some of the best water in the world out of Shoal Lake, and at the same time, indigenous people, in particular the Ojibway and others, were at times under a water advisory.

Let us think of that: Shoal Lake provides healthy, clean water to the city of Winnipeg, but people who are living around Shoal Lake were at times under water advisories. For decades, they had attempted to get infrastructure built. I was so pleased when we as a government, a few years ago, committed to Freedom Road, making a connection that ultimately assisted a first nation community.

In terms of this legislation, the issue of reconciliation should not be lost. Never before, at least in the last many years, have we seen a prime minister who is so committed to reconciliation that it is not just words; it is tangible dollars and substantial legislation.

We can talk about the hundreds of millions of dollars and the building up of infrastructure and supporting of infrastructure development, whether it is the social infrastructure of health care, schools and education, or whether it is streets and bridges and roads. As a national government under this Prime Minister, we have had genuine, sincere, tangible investments going into the hundreds of millions of dollars, to support indigenous leaders and their communities. The leadership is there; it is very real and it is making a difference. It is making Canada a healthier nation. We are working with first nations in order to be able to achieve that.

What I like about Bill C-61, as I pointed out in the form of a question, is that for me, personally, it does a couple of things. One, it deals with one of those life ingredients, if I can put it that way, that being water, in a very tangible way, whereby it can be regulated and it can be protected going into the future. It is first nations who are going to be leading Canada on that particular file, I would suggest.

We need to support that. That is why, for the first time, we actually have legislation to deal with that. Unlike previous governments, this is a government that has literally worked in such a way that this is being said to be co-operative or co-sponsored legislation, if I can use that term.

The impact that the AFN and others, whether directly or indirectly, have had on this legislation is considerable. It would not be what it is today if that consultation, if that working together, had not occurred.

As I said in my question to the member who just spoke, there are always going to be concerns. We recognize that. That is one of the reasons I indicated, at the beginning of my comments, that we want to see this legislation ultimately be allowed to go to committee. The sooner it can go to committee, the better.

In good part, it is going to be the Conservative Party that has to work with the government and the opposition to allow this legislation to go to committee, so that we can hear from all of the different stakeholders. In particular, and I would not classify them as a stakeholder but as a partner, we want indigenous first nations to be able to provide their ongoing thoughts and, where they can, provide their support for many of the things that are incorporated in many aspects of the legislation, which are there because, in fact, they requested that they be put into the legislation.

That is the reason I think it is really important, when we take a look at the legislation as a whole, that we recognize that this is something that has, in fact, been worked on for five-plus years. What we need to do is take it to the next step.

We have heard from all opposition critics. We have heard from the minister, and we have heard the explanation. There is the opportunity, hopefully sooner as opposed to later, to actually see the debate conclude and allow the legislation to ultimately pass to the committee stage—

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, I would like to thank my colleague from Nunavut for the outstanding work she does on this file every day and every week.

Arguably, fresh water is our most precious resource. In Canada, we are lucky to have one of the largest reserves of fresh water anywhere in the world. Many Canadians, including me, take it for granted that, when we turn on the tap, fresh, clean drinking water comes out. However, for so many first peoples, this reality does not exist. That is a shame in a country as wealthy as Canada.

The gist of my question comes from the fact that I have sat in this House of Commons now for just over eight years, and this has, supposedly, been a very important priority for the Liberal government. However, my colleague talked about the infrastructure gap that exists and the fact that there are still boil water advisories, and it is only now that we are seeing this legislative framework come into play in debate, in the form of Bill C-61.

What would the situation be like if the Liberal government had been a little more proactive on the legislative front? If we had seen legislation like Bill C-61 introduced not in the previous Parliament, but the one before that, where might we be now and what difference might that have made for people?

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I am privileged to represent Nunavut in the House. I am sorry I missed the Minister of Indigenous Services's speech as I was in committee. Our committee was concluding the study of the Métis self-government bill. I am glad I am able to at least find out what her statements were and to respond to them later.

I appreciate that before July 1, 1867, Inuit, first nations and, later, the Métis, governed these lands. Before Canada, they had laws regarding wildlife, marine and terrestrial environments, ecosystems and relationships with each other. Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands is a particularly important one to remind us of the existence of indigenous peoples before colonialism. Before colonialism, indigenous peoples protected water and the land, and they used the environment for sustenance, acknowledging the limits. Therefore, protecting and preventing future damage was at the core of being sustained by the environment, especially water.

I take this opportunity to remind Canadians that Canada’s colonial efforts to “remove the Indian from the child” remain active. There are more indigenous children in foster care than there were in residential schools. There are more indigenous people who are homeless, in overcrowded housing situations or living in substandard housing. First nations, Métis and Inuit have the largest infrastructure gap. Indeed, the NDP found that the first nations infrastructure gap is at $350 billion. The Liberal government made cuts to MMIWG funding.

Therefore, when this bill was introduced, I put on my oppressed lens and sought where it could be familiar to me. I found familiarity in asking these questions: Why, in this legislation, are human rights and treaty rights not on par with what other Canadians have as rights? Why does the bill not align with international human rights laws regarding water? Why does the bill provide only a guide regarding the United Nations Declaration on the Rights of Indigenous Peoples?

Before I go deeper into this analysis, I want to share what is included in Bill C-61 according to the Government of Canada website. The key elements of the bill include the recognition and affirmation of the inherent right of first nations to self-government, including jurisdiction over water, source water, drinking water, waste water and related infrastructure on, in and under first nation lands; rights-based regulatory pathways to protect water and source water adjacent to first nation lands, in consultation and co-operation with first nations, other federal ministers, and provinces and territories, to help protect drinking water sources flowing onto first nation lands; and minimum national standards for the delivery of drinking water and waste water services on first nation lands, based on first nations choice.

Other key elements include a federal commitment to make best efforts to provide adequate and sustainable funding for water services on first nation lands comparable to services received in non-first nations communities; a requirement to provide funding that, as a minimum, meets the commitment expenditures set out in section 9.02(2) of the settlement agreement; a requirement for all decisions made under the proposed act to be guided by the principle of free, prior and informed consent; and a commitment for Canada to support the creation of a first nations water commission that would support first nations in exercising greater control over drinking water and waste water services on first nation lands.

To go back to my analysis of the continued lack of commitments toward first nations, as well as the impacts this continues to have on indigenous peoples, unfortunately, Bill C-61 falls short on respecting human and indigenous rights. According to an analysis by JFK Law:

Overall, Bill C-61 provides First Nations with a strong foundation to assert control over their water resources and jurisdiction over water occurring on First Nations land. However, the legislation fails to expressly recognize a human right to drinking water or a guarantee for substantive equality for access to water services on and off First Nations lands. Critically, the legislation fails to include provisions for effective source water protection, which is necessary to ensure First Nations have enough clean water flowing onto their lands and territories to meet their needs.

The Federation of Sovereign Indigenous Nations stated, “the first public draft released by Canada in February was developed in secret by Indigenous Services Canada without any direct input from First Nations, a fact that has been raised by the Assembly of First Nations and several regional First Nations organizations over the course of 2023”. Other first nations, such as those represented by treaties 6, 7 and 8 and Neskantaga said early on that they had been kept in the dark about the legislation and did not see it before it was tabled.

I note that, in addition to another bill tabled by the Liberal government, Bill C-38, an act to amend the Indian Act on new registration requirements, Bill C-61 has been introduced on the basis of a court case. In November 2019, legal action was initiated against Canada on behalf of all members of first nations and members resident on reserves that had a drinking water advisory for at least one year since 1995. Terms of the settlement agreement were previously announced on July 30, 2021. While they have been mentioned by others in this House, I repeat that they include the following: $1.5 billion in compensation for individuals deprived of clean drinking water; the creation of a $400 million first nations economic and cultural restoration fund; a renewed commitment to Canada's action plan for the lifting of all long-term drinking water advisories; the creation of a first nations advisory committee on safe drinking water; support for first nations to develop their own safe drinking water bylaws and initiatives; a commitment of at least $6 billion to support reliable access to safe drinking water on reserves; and the planned modernization of Canada's first nations drinking water legislation.

We have heard that Bill C-61 was co-developed with first nations. While I appreciate the effort by the Minister of Indigenous Services, I know that more could have been done. The Assembly of First Nations is an important national first nations organization. However, it does not represent all first nations. There are indigenous nations in Canada that are not represented by AFN. During committee, we will need to ensure that as many first nations as wish to be heard, are heard. As parliamentarians, we must incorporate indigenous ways of working together. We must ensure that first nations people who feel ignored are afforded the opportunity to speak to this bill. In this way, we can make sure that Bill C-61 is improved and truly co-developed.

In 2018, the Assembly of First Nations held an engagement regarding safe drinking water. The concerns shared at the time included a lack of adequate, predictable and sustainable funding; a lack of recognition of indigenous rights; potential infringement of indigenous and treaty rights; a lack of protection of source water; and insufficient engagement on water issues that directly affect first nations. When Bill C-61 goes to committee, it must seek to answer all these concerns.

Bill C-61 requires scrutiny to make sure that inherent treaty rights and human rights obligations are met. As a G7 country, Canada must show that it treats the original inhabitants with the utmost respect.

We have generations of first nations that have grown up without access to tap water. They probably think it is normal to drink bottled water. We have first nations who probably think that it is normal to boil water before it is safe to drink. It is 2024, and we must ensure that first nations do not continue to think it is okay to have to do this in order to drink water.

Bill C-61 requires a lot of work. I hope that we, as parliamentarians, do this work with the lens that first nations have inherent treaty rights and human rights and that we must all do what we can to ensure that their rights are respected.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, personally, I see two strong aspects of Bill C-61.

First and foremost, I appreciate and value all the work and contributions from the minister and indigenous leaders throughout the country. They brought this legislation forward through consultation and hard work.

Second, we talked about the UN declaration, in terms of how we bring forward legislation. Again, we see that the legislation is being driven not just by the minister but also by indigenous leadership.

It is so important that we continue to work hand in hand with indigenous people in order to protect mother earth, as it is often referred to, particularly when dealing with water. Could my colleague provide his thoughts on that?

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, it is with deep humility and a great sense of responsibility that I take up the torch today for indigenous relations and the development of the north and its regions within the Bloc Québécois.

First, I would like to salute my hon. colleague from Manicouagan for her outstanding dedication and hard work on behalf of the indigenous nations of Quebec and Canada over the years.

I am committed to working closely with indigenous communities in the years to come and making progress in strengthening their rights and autonomy while fostering equitable nation-to-nation relations, and I am committed to following in the footsteps of my colleague from Manicouagan.

Before turning to the bill at hand, I also want to give a shout-out to the participants of the second edition of the First Nations Expedition, who are, as we speak, about to set off from Témiscaming or Kebaowek. The participants will cover a total of 3,250 kilometres by snowmobile on their way to Wendake, passing through Mashteuiatsh, Rouyn‑Noranda, where they stopped the day before yesterday, Maniwaki, Saint‑Michel‑des‑Saints, and many other places.

I went to Témiscaming yesterday to meet up with them. Politicians from Témiscamingue of all stripes, so to speak, came out to salute the courage of the participants in this second edition. Participants were selected based on their heightened awareness of the indigenous causes supported by the expedition, as well as their thirst and curiosity to learn more about indigenous nations.

I want draw attention to the two men who came up with the idea. The first is Christian Flamand, an Atikamekw man who spoke passionately yesterday about his commitment and the depth of his convictions. The second is Derek Jeremy Einish, a Naskapi man. Both are motivated by the principles of reconciliation, friendship, respect, solidarity and courage.

The aim of the expedition is to pay tribute to children who attended residential schools, missing and murdered indigenous women, Joyce Echaquan, whose name has come up several times, and children who were taken from their families at birth.

To segue into my thoughts on the bill, I will start by saying hello to a representative of the Naskapi Nation of Kawawachikamach, Billy Shecanapish. We met yesterday and he told me that he has spent his life advocating for water and working with water in indigenous communities. I think that is the perfect segue. I want to say hello to Billy and all those participating in the First Nations Expedition.

For indigenous communities, water is not just about staying hydrated, nor is it simply a commodity or resource. Water is considered sacred, because it is a source of life, knowledge and rights. Water is considered a living entity, with a spirit of its own. Human beings have a responsibility to protect and care for this vital resource from mother earth. In short, water is a symbol of indigenous sovereignty.

That is why I am rising today in the House to speak to Bill C-61, an act respecting water, source water, drinking water, wastewater and related infrastructure on first nation lands. After first reading of this bill, I think it is too soon to give my opinion on it, since the first nations are not all in agreement. We still have a lot of questions about the consultations that were held with first nations and about many of the bill's provisions.

When all of that is put together, it may not have the original intended effect. By way of observation, the notion of co-development, when the government and its main partners are not in agreement, says a lot about the current process. With all due respect, this also happened with Bill C-53, so perhaps the government needs to review the mechanism it uses for consulting with first nations in order to make it truly inclusive and have a real dialogue.

On the surface, Bill C‑61 may appear to be a long-awaited response to the ongoing equality issues related to access to water for indigenous people in Quebec and Canada, but the devil is in the details.

I want to talk about the basics of the right to drinking water. Access to a safe, clean source of drinking water is fundamental to life. Unfortunately, many first nations communities across the country face significant barriers to accessing safe drinking water. Since 1977, the government has been promising to provide reserves with water and sanitation services comparable to those available in the majority of similar non-indigenous communities. However, these promises have often gone unfulfilled.

First nations continue to endure a disproportionate share of the consequences of poor water management, water insecurity and lack of access to good quality drinking water, a situation that would be considered intolerable for anyone living off the reserves. For most people living in a G7 nation, it would be frankly unthinkable.

The consequences of water insecurity require no explanation. However, since we are still here debating a bill on water, in the House, in 2024, I will nonetheless speak to the link between water insecurity and the high rate of suicide in many indigenous communities. In recent years, numerous studies have shown that water insecurity and the loss of traditional water-related practices contribute to feelings of anxiety, depression and loss of cultural identity. These factors, in turn, can significantly affect the risk of suicide. In short, access to safe, clean drinking water is essential not only for the physical health of indigenous nations, but for their mental health and cultural vitality as well.

One of the clearest examples of this chronic inequality is the never-ending drinking water advisories on first nations reserves. Despite Canada's fiduciary commitments to provide potable water to first nations, its repeated promises to eliminate these advisories and its international obligations recognizing potable water and clean water as a human right, these advisories have been in place for decades.

It is odd that Canada, a country where water is abundant and easily accessible, is still unable to offer adequate infrastructure for drinking water access and waste water management. Unlike developing countries, Canada is not dealing with a water shortage, seeing as it possesses 20% of the world's freshwater reserves. It is not deficient in resources or dealing with the instability of an illegitimate or dictatorial government. The current situation should be blamed on successive Canadian governments and their chronic negligence toward first nations. The federal government's lack of interest in first nations is obvious when we look at the limiting and discriminatory situation imposed on these communities, leaving them stuck with poor sanitary conditions.

Questions remain. Given these realities, Bill C-61 represents a first step in the right direction.

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.... 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.

However, as I mentioned earlier, it has not gone unnoticed that we are debating legislation in 2024 to give communities decent access to clean drinking water and proper infrastructure. This bill may seem like a step in the right direction, but it is simply not good enough.

Let us start with the fact that the government's main partners on this bill, the first nations themselves, disagree with the statement made by the Minister of Indigenous Services that the legislation she was working on was the closest the federal government had come to co-developing law with first nations.

The lack of consultation could explain why the bill seems to view free, prior and informed consent, as defined in the United Nations Declaration on the Rights of Indigenous Peoples, as a mere suggestion or guiding principle rather than a strict requirement applicable to all aspects of the bill.

How can first nations trust that the government will consult them on the provisions of this bill, if the government cannot even consult them when the bill is first drafted?

This bill does confirm that water on, in and under first nation lands is part of first nation lands, providing a strong bulwark against provincial land claims. Subclause 6(1) of Bill C‑61 explicitly recognizes that first nations have an “inherent right to self-government, recognized and affirmed by section 35 of the Constitution Act, 1982” with respect to “water, source water, drinking water, wastewater and related infrastructure on, in and under First Nations lands.”

The terminology in this section, which refers to section 35 of the Constitution Act, 1982, clearly establishes that first nations' right to self-government over water on reserve lands constitutes recognition of a constitutionally protected right, not simply authority conferred by law. The fact that the words “water” and “source water” are added means that first nations have complete control over water of any kind on their reserve lands.

The protection of source water is crucial to ensuring that first nations have access to quality drinking water, which supports economic development and helps preserve indigenous rights and cultural practices. Although the bill talks about protecting source water, it does not lay out any specific requirements for protecting it.

On the contrary, both the control and protection of source water remain vulnerable in the provincial and federal agreements required by paragraph 6(1)(b). This does not provide adequate authority to first nations for protecting water sources. First nations will have limited jurisdiction over source water, given that this jurisdiction depends on the agreement between the federal government and the respective provincial or territorial government for coordinating the enforcement of first nations legislation. This is problematic, because water protection varies considerably from one province to another. Also, this bill could always serve as a way for the federal government to shirk its responsibilities to its indigenous partners. Giving first nations considerable power perpetuates concerns about a somewhat disengaged federal government.

Bill C‑61 does not even recognize the basic human right to clean drinking water. Meanwhile, the bill cites the principle of substantive equality in paragraph 5(2)(a) which states that “the distinct needs of First Nations for reliable access to water services must be addressed in a way that respects First Nations rights and their access must be comparable to that in non-Indigenous communities”. Substantive equality is not, in itself, a right to good-quality drinking water. In fact, Canada's refusal to recognize the right to safe drinking water goes against its stated commitment in favour of the right to safe drinking water as a fundamental right within the United Nations.

I want to talk about Kitcisakik, which is located in the riding of my colleague from Abitibi—Baie-James—Nunavik—Eeyou. I would like to talk about a community in my region, Abitibi—Témiscamingue. This indigenous community has been without running water and electricity for years now. Thanks to Quebec's recent commitment, the community will finally be connected to the power grid over the next three years. Unfortunately, the community of Kitcisakik will remain without access to water. Because the water table is too high, it is impossible to dig on site and build the necessary infrastructure, making access to running water impossible. Only the communal showers and the band office have access to this precious blue gold.

Moreover, Kitcisakik has dreamed for the past 30 years of building its new village, Wanaki, which means “land of peace” in the indigenous language. In this way, it could finally acquire modern facilities and infrastructure. This brings me to a key aspect of this issue. To develop water management infrastructure requires considerable, recurring and predictable funding. Historically, this has never been the case. From 2015 to 2018, $146 million was allocated annually to fund this type of infrastructure. According to the Parliamentary Budget Officer in 2017, it would have taken $361 million a year to fund and maintain first nations' drinking water and waste-water systems. The government covered only 40% of the estimated needs.

Once again, I will talk about my region to demonstrate the impact. Maintenance and construction costs are much higher in the regions, and that forces communities to make heart-wrenching decisions. In February 2021, the Abitibiwinni nation on the Pikogan reserve near Amos reported that it was finding it difficult to allocate the funds needed to maintain and run its water and waste-water systems. It is difficult for a community to have to choose between maintaining its infrastructure, water and waste-water systems and roads, and fostering economic and social development when the envelopes are simply not there. We should keep in mind that, in remote regions, the cost of every repair is higher because of the distances involved, the labour shortage and the competition from mining companies in the construction sector.

From reading the bill, we get the impression it seeks to tackle inadequate funding. However, the language used 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 funding provisions in the bill simply do not go far enough to guarantee sufficient funding for first nations. According to clause 26 of this bill, the Government of Canada is content to make “best efforts” to provide adequate funding for water services and to offset the actual costs to first nations of water and sanitation services.

That is a gateway to inaction. The term “best efforts” allows the government to shirk its responsibility to provide First Nations with real access to clean, safe drinking water.

If the minister can simply claim to have done their best to make sure a community has access to water, and the community still does not have access to drinking water, that is legal under the terms proposed by this piece of legislation. That is unacceptable. It is a shirking of responsibility toward our indigenous constituents, and we cannot tolerate such negligence.

I will remind members that the investigation conducted by the Institute for Investigative Journalism at Concordia University revealed that Indigenous Services Canada funded only 33% of the needs of the community of Kebaowek, located in my riding, while the federal government should have contributed 80%. No matter the infrastructure, if the federal government does not do its part, it is unrealistic to think that first nations will be able to meet expectations.

The drinking water problem is also affecting non-indigenous communities. Take, for example, the municipality of Laverlochère-Angliers in the Témiscamingue region. Its inhabitants do not have access to drinking water because it is just too expensive for a community of about 300.

Some 30% of the population of Abitibi—Témiscamingue gets its water from private wells. A study conducted by the Direction régionale de santé publique showed the presence of arsenic in the private wells. It validated the hypothesis that the contaminated wells were associated with a certain type of rock often found near gold deposits. Some of the private wells were dug in gold deposits, so their water contains arsenic. It is important for both indigenous and non-indigenous communities to understand the geology of our region so as to reduce the risk of contamination.

It is also important to remember that, according to a survey conducted by the Abitibi—Témiscamingue public health directorate, four out of five households had not cleaned or disinfected their wells in the past five years.

This is another important point that needs to be included in this bill. How can we fund prevention if indigenous communities opt to dig their own wells? These are important things to think about.

In conclusion, I would say that we are at a crucial point in time and that we must seriously consider the future of access to drinking water in Quebec and Canadian indigenous communities. Although imperfect, Bill C-61 is an attempt to do something about the persistent inequalities experienced by indigenous peoples when it comes to access to drinking water.

However, despite its good intentions, it fails to address basic concerns. The issue of a real and meaningful consultation of first nations is still up in the air, casting a shadow on the legitimacy of this legislative measure. In addition, the funding provisions fail to guarantee sufficient resources to adequately meet the needs of indigenous communities.

We cannot overlook how unacceptable it is that, in 2024, we still have to stand here and talk about the need to ensure access to clean drinking water and decent infrastructure. This highlights the government's ongoing failure to deliver on its commitments to indigenous nations.

As elected representatives, we have a responsibility to ensure that every citizen has equitable access to an essential part of life, namely drinking water. Bill C-61 is an opportunity to improve the situation, but it needs to be strengthened and adjusted to truly meet the needs, demands and rights of first nations.

We must take urgent action and firmly resolve to put an end to this unacceptable situation. Access to clean, safe drinking water is a basic human right, and we must not tolerate any further delay in making that a reality for everyone. The House's commitment to reconciliation and to indigenous peoples requires that we take bold action to ensure that every indigenous and non-indigenous community has a future and can thrive with dignity and fairness.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Madam Speaker, I take it that INAN committee has wrapped up, because the member for Nunavut is in this place continuing to work hard for her constituents.

This is one of the things I wanted to highlight, and I should have focused more time on it. Those discussions need to take place. We address it, and Bill C-61 does touch on it, by including those voices and those conversations, especially when the bill talks about source water. I spoke about it a bit. I will make a note to speak on it a little more, but one of the things we will address in committee are issues like that.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, I thank my colleague for his speech. Bill C‑61 is important. The Kitcisakik reserve, which is in my riding, does not even have clean drinking water. I recently visited Kuujjuaq. It has no water that is safe to drink. The reservoir is very old, even in Nunavik. The government therefore needs to take action on principle, considering that there is a lot of water, but no adequate infrastructure.

What does the government claim to be doing, and what does my colleague think about it?