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INAN Committee Meeting

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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 128
Monday, November 4, 2024, 3:34 p.m. to 5:29 p.m.
Televised
Presiding
Patrick Weiler (Liberal)

House of Commons
• Alexie Labelle, Legislative Clerk
• 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
• Douglas Fairbairn, Senior Counsel, Crown-Indigenous Relations and Northern Affairs
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 commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 (short title) and of the Preamble was postponed.

The Chair called Clause 2.

By unanimous consent, Clause 2 was allowed to stand.

On Clause 3,

Lori Idlout moved, — 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‐

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

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

NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Michael V. McLeod — 5.

Pursuant to the order adopted by the committee on Wednesday, December 15, 2021, the following amendment, submitted by Mike Morrice for the consideration of the committee, was deemed moved:

That Bill C-61, in Clause 3, be amended by adding after line 8 on page 6 the following:

“(3) It is hereby recognized and affirmed that, in accordance with the principle established by Resolution 64/292 adopted by the United Nations General Assembly on July 28, 2010, which recognized access to clean and safe drinking water as a human right essential to the full enjoyment of life and all other human rights, all members of all First Nations residing on First Nation lands are entitled to have accessible drinking water that poses no risks to their health or well-being.”

After debate, the question was put on the amendment of Mike Morrice and it was negatived.

Clause 3, as amended, carried on division.

On new Clause 3.1,

Lori Idlout moved, — That Bill C-61 be amended by adding after line 8 on page 6 the following new clause:

“3.1 (1) The Government of Canada recognizes and affirms that access to clean and safe drinking water and sanitation is a basic human right, included in the right to an adequate standard of living under article 11 of the International Covenant in Economic, Social and Cultural Rights, acceded to on May 19, 1976.

(2) The Government of Canada is committed to respecting the principles of availability, accessibility, affordability, acceptability and safety in ensuring the right to access clean and safe drinking water and sanitation for First Nations.”

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, Ben Carr, Dave Epp, Brendan Hanley, Sébastien Lemire, Michael V. McLeod, Eric Melillo, Jamie Schmale, Bob Zimmer — 10.

Jenica Atwin moved, — 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 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.”

Debate arose thereon.

At 4:38 p.m., the meeting was suspended.

At 4:50 p.m., the meeting resumed.

Eric Melillo moved, — That the amendment be amended by adding the words “and affirmed” after the word “recognized”.

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

The question was put on the amendment of Jenica Atwin, as amended, and it was agreed to.

On Clause 4,

Lori Idlout moved, — 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;”

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

Motion

Lori Idlout moved, — That the committee do now adjourn.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: Dave Epp, Lori Idlout, Eric Melillo, Simon-Pierre Savard-Tremblay, Jamie Schmale, Bob Zimmer — 6;

NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Michael V. McLeod — 5.

At 5:29 p.m., the committee adjourned to the call of the Chair.



Marc-Olivier Girard
Committee clerk