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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 132
Thursday, November 21, 2024, 8:20 a.m. to 1:23 p.m.
Audio Only
Presiding
Patrick Weiler (Liberal)

• Jenica Atwin for Ben Carr (Liberal)
• Jenica Atwin for Anna Gainey (Liberal)
• Leah Gazan for Lori Idlout (NDP)
• Lloyd Longfield for Brendan Hanley (Liberal)
• Lloyd Longfield for Anna Gainey (Liberal)
• Karen Vecchio for Jamie Schmale (Conservative)
House of Commons
• Michelle Legault, Legislative Clerk
• Jacques Maziade, Legislative Clerk
 
Library of Parliament
• Brittany Collier, Analyst
• Caitlin Gropp, Analyst
Department of Indigenous Services
• Nelson Barbosa, Director General, Community Infrastructure Branch
• Rebecca Blake, Acting Director, Legislation, Engagement and Regulations
Department of Justice
• Douglas Fairbairn, Senior Counsel
Pursuant to the order of reference of Wednesday, June 5, 2024, the committee resumed consideration of Bill C-61, An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands.

The witnesses answered questions.

The committee resumed its clause-by-clause study of the Bill.

Jamie Schmale moved, — That the committee report to the House that the MP for Edmonton Centre appear before the committee for two hours independently by Friday, December 6, 2024, and that the report is tabled by the Chair in the house as soon as possible and no later than Monday, November 25, 2024.

Debate arose thereon.

At 8:38 a.m., the meeting was suspended.

At 8:52 a.m., the meeting resumed.

At 8:57 a.m., the meeting was suspended.

At 9:02 a.m., the meeting resumed.

At 9:04 a.m., the meeting was suspended.

At 10:11 a.m., the meeting resumed.

By unanimous consent, it was agreed, — That the motion be amended by adding after the words “December 6, 2024” the following: “immediately following the completion and reporting back of C-61 to the house”.

By unanimous consent, the question was put on the motion, as amended, and it was agreed to.

The motion, as amended, read as follows:

That the committee report to the House that the MP for Edmonton Centre appear before the committee for two hours independently by Friday, December 6, 2024, immediately following the completion and reporting back of C-61 to the house, and that the report is tabled by the Chair in the house as soon as possible and no later than Monday, November 25, 2024.

The committee resumed clause-by-clause consideration on Clause 19 of the Bill.

By unanimous consent, the committee reconsidered the amendment of Lori Idlout previously adopted which read as follows: 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.”

The question was put on the amendment of Lori Idlout and it was agreed to.

Sébastien Lemire moved, — 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 those data or that information to that First Nation to assist it in obtaining the best possible insurance protection for its infrastructure and community.”

Debate arose thereon.

Lori Idlout moved, — That the amendment be amended

(a) by deleting the word “those”

(b) by adding the words “, consistent with paragraph 5(1)(e) and in compliance with ownership, control, access and possession.” after the word “community”.

At 10:25 a.m., the meeting was suspended.

At 11:10 a.m., the meeting resumed.

After debate, the question was put on the subamendment of Lori Idlout and it was agreed to on the following recorded division:

YEAS: Lori Idlout, Sébastien Lemire, Eric Melillo, Jamie Schmale, Martin Shields, Bob Zimmer — 6;

NAYS: Jenica Atwin, Jaime Battiste, Lloyd Longfield, Michael V. McLeod — 4.

The question was put on the amendment of Sébastien Lemire, as amended, and it was agreed to on the following recorded division:

YEAS: Lori Idlout, Sébastien Lemire, Eric Melillo, Jamie Schmale, Martin Shields, Bob Zimmer — 6;

NAYS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Lloyd Longfield, Michael V. McLeod — 5.

Clause 19, as amended, carried on division.

On new Clause 19.1,

Lori Idlout moved, — That Bill C-61 be amended by adding after line 32 on page 12 the following new clause:

“19.1 If affected First Nation governing bodies were afforded a meaningful opportunity to collaborate in the policy development leading to the making of the regulations, the Governor in Council may make regulations providing for any matter relating to the application of this Act or respecting water services on First Nation lands.”

After debate, the question was put on the amendment of Lori Idlout and it was negatived on the following recorded division:

YEAS: Lori Idlout — 1;

NAYS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Sébastien Lemire, Lloyd Longfield, Michael V. McLeod, Eric Melillo, Jamie Schmale, Martin Shields, Bob Zimmer — 10.

On Clause 20,

Lori Idlout moved, — That Bill C-61, in Clause 20, be amended by replacing lines 33 and 34 on page 12 with the following:

“20 (1) The Minister must consult with First Nation governing bodies, in accordance with the consultation policies of the First Nation governing bodies, and provide adequate consultation funding before making any recom‐”

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on page 772 of House of Commons Procedure and Practice, Third Edition.

Eric Melillo moved, — 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.”

After debate, the question was put on the amendment of Eric Melillo and it was agreed to on the following recorded division:

YEAS: Lori Idlout, Sébastien Lemire, Eric Melillo, Jamie Schmale, Martin Shields, Bob Zimmer — 6;

NAYS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Lloyd Longfield, Michael V. McLeod — 5.

Eric Melillo moved, — 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”

After debate, the question was put on the amendment of Eric Melillo and it was agreed to on division.

Clause 20, as amended, carried on division.

At 11:34 a.m., the meeting was suspended.

At 11:40 a.m., the meeting resumed.

On Clause 21,

Jenica Atwin moved, — 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.”

After debate, the question was put on the amendment of Jenica Atwin and it was agreed to on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Lori Idlout, Sébastien Lemire, Lloyd Longfield, Michael V. McLeod — 7;

NAYS: Eric Melillo, Jamie Schmale, Martin Shields, Bob Zimmer — 4.

Eric Melillo moved, — That Bill C-61, in Clause 21, be amended by replacing line 10 on page 13 with the following:

“of the provinces and territories, and any such regulation must be co-developed with those bodies.”

After debate, the question was put on the amendment of Eric Melillo and it was negatived on the following recorded division:

YEAS: Sébastien Lemire, Eric Melillo, Martin Shields, Karen Vecchio, Bob Zimmer — 5;

NAYS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Lori Idlout, Lloyd Longfield, Michael V. McLeod — 6.

At 12:33 p.m., the meeting was suspended.

At 14:47 p.m., the meeting resumed.

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

“(3) A regulation made under subsection (1) must not come into force unless the Minister has obtained the free, prior and informed consent of First Nation governing bodies and the consent of the governments of the provinces and territories.”

Debate arose thereon.

Martin Shields moved, — That the amendment be amended by replacing the words “governing bodies and the consent” with the words “governing bodies and the agreement”.

After debate, the question was put on the subamendment of Martin Shields and it was agreed to.

By unanimous consent, Clause 21 was allowed to stand.

On Clause 22,

Sébastien Lemire moved, — 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‐”

After debate, the question was put on the amendment of Sébastien Lemire and it was agreed to on division.

At 1:23 p.m., the committee adjourned to the call of the Chair.



Malachie Azémar
Clerk of the committee