INAN Committee Report

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Committee Report

Nineteenth Report

Standing Committee on Indigenous and Northern Affairs (INAN)

44th Parliament, 1st Session

Study

Bill C-61, An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands

In accordance with its Order of Reference of Wednesday, June 5, 2024, your committee has considered Bill C-61, An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands, and agreed on Tuesday, November 26, 2024, to report it with the following amendments:

Preamble

That Bill C-61, in the preamble, be amended by adding after line 4 on page 2 the following:

“Whereas Parliament recognizes that broad, concurrent action by all levels of government to protect First Nation waters from pollution, including that caused by certain persistent, toxic and bioaccumulative substances, is urgently required;”

That Bill C-61, in the preamble, be amended by replacing line 21 on page 3 with the following:

“ples, including Articles 3, 4, 18, 19, 22, 28 and 29, paragraph 2 of Article 32 and paragraph 1 of Article 37 as”

Clause 2

That Bill C-61, in Clause 2, be amended by replacing line 30 on page 5 with the following:

“and distribution of water intended for drinking or cooking or for”

That Bill C-61, in Clause 2, be amended by adding after line 33 on page 5 the following:

“(c) the protection of groundwater and aquifers.”

Clause 3

That Bill C-61, in Clause 3, be amended

(a) by replacing line 2 on page 6 with the following:

“of First Nations peoples recognized and affirmed by section”

(b) by replacing lines 5 to 7 on page 6 with the following:

“(2) For the purposes of subsection (1), First Nations peoples means the Indian peoples of Canada, as referred to in subsection 35(2) of the Consti‐”

New Clause 3.1

That Bill C-61 be amended by adding after line 8 on page 6 the following:

“Right to Clean and Safe Drinking Water

3.1 It is recognized and affirmed that it is a human right of every individual on First Nations land to have access to clean and safe drinking water in accordance with this Act.”

Clause 4

That Bill C-61, in Clause 4, be amended by replacing line 20 on page 6 with the following:

“lands, and in relation to water and source water in protection zones;”

That Bill C-61, in Clause 4, be amended by replacing line 25 on page 6 with the following:

“Declaration on the Rights of Indigenous Peoples, which must be meaningfully recognized and implemented;”

That Bill C-61, in Clause 4, be amended by replacing line 36 on page 6 with the following:

“(f) ensure that the Government of Canada facilitates collaboration between First Nations and”

Clause 5

That Bill C-61, in Clause 5, be amended by replacing lines 19 to 22 on page 8 with the following:

“(3) The making of any decision under this Act is to be guided by the United Nations Declaration on the Rights of Indigenous Peoples, including the principle, referred to in the Declaration, of free, prior and informed consent as well as Article 10, paragraph 2 of Article 29 and paragraph 2 of Article 32 of the Declaration.”

Clause 6

That Bill C-61, in Clause 6, be amended by replacing lines 29 to 33 on page 8 with the following:

“(b) water and source water in a protection zone, if a First Nation governing body, the Government of Canada and the government of the province or territory in which the protection zone is located have”

New Clause 14.1

That Bill C-61 be amended by adding after line 27 on page 10 the following new clause:

“14.1 The quality of water and source water available on the First Nation lands of a First Nation and in a protection zone under the jurisdiction of that First Nation must be consistent with the rights recognized and affirmed by section 35 of the Constitution Act, 1982.”

Clause 15

That Bill C-61, in Clause 15, be amended by replacing line 31 on page 10 with the following:

“management needs of the First Nation, taking into account its cultural and spiritual needs and based on its cur-”

Clause 18

That Bill C-61, in Clause 18, be amended by adding after line 29 on page 11 the following:

“(3) The Minister must obtain the consent of the First Nation governing body as identified through a band council resolution before applying the standards referred to in paragraph (1)(a) or (b).”

Clause 19

That Bill C-61, in Clause 19, be amended by replacing line 31 on page 11 with the following:

“recommendation and in collaboration with First Nations, make regulations respecting water ser‐”

That Bill C-61, in Clause 19, be amended by replacing line 32 on page 12 with the following:

“tions on the First Nation lands of a First Nation to address local circumstances only if all the minimum standards provided for are consistent with sections 14 to 16.”

That Bill C-61, in Clause 19, be amended by adding after line 32 on page 12 the following:

“(4) If, in respect of regulations made under paragraph (1)(k), the Minister obtains information or data relating to the insurability or the terms and conditions of insurance of water services on the First Nation lands of a First Nation, the Minister may provide data or that information to that First Nation to assist it in obtaining the best possible insurance protection for its infrastructure and community, consistent with paragraph 5(1)(e) and in compliance with ownership, control, access and possession.”

Clause 20

That Bill C-61, in Clause 20, be amended by replacing line 35 on page 12 with the following:

“mendation under subsection 19(1), and any such recommendation must be co-developed with those bodies.”

That Bill C-61, in Clause 20, be amended by replacing line 2 on page 13 with the following:

“sultations, cooperation and co-development required by subsection (1) no”

Clause 21

That Bill C-61, in Clause 21, be amended by replacing line 6 on page 13 with the following:

““protection zone” for the purposes of this Act. In making such a regulation, the Minister must consider how a protection zone is to be connected to First Nation lands.”

That Bill C-61, in Clause 21, be amended by adding after line 10 on page 13 the following:

“(3) In relation to a regulation made under subsection (1), the Minister must begin consultation and cooperation to enter into agreements with First Nation governing bodies, and the governments of provinces and territories in defining “protection zone” no later than the last day of the sixth month after the month in which this section comes into force in a manner that is consistent with the articles of the United Nations Declaration on the Rights of Indigenous Peoples and respecting provincial and territorial jurisdiction.”

Clause 22

That Bill C-61, in Clause 22, be amended by replacing lines 14 and 15 on page 13 with the following:

“of that First Nation that apply in a protection zone, includ‐”

That Bill C-61, in Clause 22, be amended by replacing line 24 on page 13 with the following:

“subsection (1), and any such regulations must be co-developed with that body.”

That Bill C-61, in Clause 22, be amended by adding after line 24 on page 13 the following:

“(3) A regulation made under subsection (1) must not come into force unless the First Nation governing body provides free, prior and informed consent to it.”

Clause 23

That Bill C-61, in Clause 23, be amended by adding after line 3 on page 14 the following:

“(c) plans and policies that address water, source water, clean and safe drinking water, wastewater and related infrastructure on First Nation lands.”

Clause 25

That Bill C-61, in Clause 25, be amended by replacing lines 18 and 19 on page 14 with the following:

“(c) the administration and enforcement of First Nation laws and the administration and enforcement of regulations made under subsection 19(1)”

Clause 26

That Bill C-61, in Clause 26, be amended by replacing line 2 on page 15 with the following:

“ings located on the First Nation lands of the First Nation in a manner that meets the obligations set out in sections 31, 33 and 34.”

Clause 27

That Bill C-61, in Clause 27, be amended by replacing line 7 on page 15 with the following:

“vices on First Nation lands and must co-develop the framework with those bodies and meet the obligations set out in sections 31, 33 and 34.”

That Bill C-61, in Clause 27, be amended by replacing line 9 on page 15 with the following:

“spect of the framework for assessing needs and the co-development of the framework may involve,”

That Bill C-61, in Clause 27, be amended by replacing lines 11 to 21 on page 15 with the following:

“(a) capital and upgrades;

(b) operations and maintenance, including repairs and replacements;

(d) enforcement;

(e) reporting;

(e.1) requirements relating to legal fees for various tasks relating to the day-to-day operations of water services;

(f) actual costs;

(f.1) remoteness costs, including the higher costs of providing water services in remote communities;

(g) governance;

(h) capacity development;

(h.1) the insurance required to be maintained by First Nations in respect of water services and water services operators and the information required to be provided to First Nations about their insurance, including the analysis of the risks ascribed to First Nations by their insurers and past claims, to enable First Nations to better understand how their insurance premiums are set; and

(i) standards applicable to water services received by First Nation persons compared with the most stringent standards applicable to water services received by persons in non-Indigenous communities.”

That Bill C-61, in Clause 27, be amended by replacing lines 22 to 25 on page 15 with the following:

“(3) The Minister’s consultations and cooperation with respect to the making of funding allocation decisions under subsection (1) must be consistent with the principle that the funding for First Nations water services is to”

That Bill C-61, in Clause 27, be amended by replacing line 33 on page 15 with the following:

“(e) align with the use of up-to-date clean and sustainable tech‐”

That Bill C-61, in Clause 27, be amended by replacing lines 7 to 10 on page 16 with the following:

“(5) The Minister must complete the framework referred to in subsection (1) no later than the first anniversary of the day on which this section comes into force or the last day of any longer period requested by the Minister or First Nations governing bodies.”

Clause 30

That Bill C-61, in Clause 30, be amended by replacing line 22 on page 16 with the following:

“provide funding that meaningfully reflects the consultations and cooperation between the Minister and First Nation governing bodies under subsection 27(1) and that meets the needs assessed in the”

Clause 31

That Bill C-61, in Clause 31, be amended by replacing line 25 on page 16 with the following:

“provide funding that meaningfully reflects the consultations and cooperation between the Minister and First Nation governing bodies under subsection 27(1), that is adequate, predictable, stable, sus‐”

That Bill C-61, in Clause 31, be amended by replacing line 27 on page 16 with the following:

“water services on First Nation lands so that, in accordance with the principle of substantive equality, First Nation”

Clause 37

That Bill C-61, in Clause 37, be amended by replacing line 26 on page 17 to line 2 on page 18 with the following:

“(2) A First Nation governing body is not liable for loss or damage in relation to acts or omissions of any of its employees or any persons hired by it who are acting within the scope of their duties in the provision of water services on the First Nation lands of the First Nation if the acts or omissions were committed in good faith and the Government of Canada did not make best efforts to provide adequate funding for water services on those First Nation lands.

(3) His Majesty in right of Canada is not liable for loss or damage in relation to acts or omissions of servants of the Crown for anything done or omitted to be done by them in good faith in the performance, or intended performance, of their duties in relation to the provision of water services on the First Nation lands of a First Nation — and no action or other proceedings for damages lies or may be instituted against such servants of the Crown — if the Government of Canada made best efforts to provide adequate funding for water services on those First Nation lands.”

Clause 39

That Bill C-61, in Clause 39, be amended by adding after line 23 on page 18 the following:

“(c) that the corporation may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers and functions of the corporation where, in the opinion of the corporation, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for transmission of the next annual report of the corporation; and

(d) that the corporation must publish on its website, in both official languages as well as in as many Indigenous languages as possible, every report it provides to the Minister within 10 days after it is tabled in both Houses of Parliament.”

That Bill C-61, in Clause 39, be amended by adding after line 11 on page 19 the following:

“(d.1) considering matters relating to water pollution on First Nation lands and making recommendations to the federal, provincial and territorial governments and First Nations in this regard by taking into account, among other things, existing frameworks and best practices related to pollution caused by certain dangerous substances discharged into the aquatic environments on First Nation lands; and”

That Bill C-61, in Clause 39, be amended by adding after line 19 on page 19 the following:

“(5) That the corporation must provide its services in both official languages and in any Indigenous language it considers necessary;”

Clause 42

That Bill C-61, in Clause 42, be amended

(a) by replacing line 1 on page 20 with the following:

“and cooperation with First Nations,”

(b) by replacing line 3 on page 20 with the following:

“to be conducted according to jointly develop criteria, and the Minister must cause a report of”

Clause 44

That Bill C-61, in Clause 44, be amended by replacing lines 14 to 16 on page 20 with the following:

“44 This Act comes into force one year after the day on which this Act receives royal assent.”

Your committee has ordered a reprint of Bill C-61, as amended, as a working copy for the use of the House of Commons at the report stage.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 114 to 123 and 127 to 134) is tabled.