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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 129
Wednesday, November 6, 2024, 7:04 p.m. to 9:00 p.m.
Televised
Presiding
Patrick Weiler (Liberal)

House of Commons
• Michelle Legault, Legislative Clerk
• Jacques Maziade, Legislative Clerk
 
Library of Parliament
• Brittany Collier, 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 resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 4 of the Bill.

On Clause 4,

Lori Idlout moved, — That Bill C-61, in Clause 4, be amended by replacing lines 21 and 22 on page 6 with the following:

“(c) ensure that laws in relation to water, source water and water services on First Nation lands and in relation to water and source water in protection zones, and policies and practices imple-

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

Sébastien Lemire moved, — 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;”

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

Lori Idlout moved, — That Bill C-61, in Clause 4, be amended by replacing line 27 on page 6 with the following:

“regarding water services on First Nation lands, and water and source water in protection zones, mini-”

After debate, the question was put on the amendment of Lori Idlout and it was negatived.

Lori Idlout moved, — 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”

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

Lori Idlout moved, — That Bill C-61, in Clause 4, be amended by replacing line 2 on page 7 with the following:

“tect source water, and, if collaboration fails, affirm the jurisdiction of First Nations in relation to transboundary source water protection.”

After debate, the question was put on the amendment of Lori Idlout and it was negatived.

Clause 4, as amended, carried on division.

On Clause 5,

Jenica Atwin moved, — 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.”

Debate arose thereon.

Sébastien Lemire moved, — That the amendment be amended by adding after the word “consent” the following:

“as well as Article 10, paragraph 2 of Article 29 and paragraph 2 of Article 32 of the Declaration”.

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

At 8:07 p.m., the meeting was suspended.

At 8:08 p.m., the meeting resumed.

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

Clause 5, as amended, carried on division.

On Clause 6,

Jenica Atwin moved, — 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”

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

Lori Idlout moved, — That Bill C-61, in Clause 6, be amended

(a) by replacing lines 7 to 9 on page 9 with the following:

“that legislative authority;

(b) legislative authority in relation to the matters referred to in paragraphs (1)(a) and (b) to provide for dispute resolution mechanisms in those First Nation laws; and

(c) the ongoing development of First Nation laws”

(b) by adding after line 11 on page 9 the following:

“(3) At the request of a First Nation governing body, the Minister and the government of the province or territory in which the protection zone is located must enter into a coordination agreement with the First Nation governing body in relation to the exercise of legislative authority under paragraph (2)(b).”

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

Clause 6, as amended, carried on division.

On new Clause 6.1,

Lori Idlout moved, — That Bill C-61 be amended by adding after line 11 on page 9 the following new clause:

“6.1 This Act is binding on His Majesty in right of Canada or of a province.”

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

Clause 7 carried on division.

On Clause 8,

Sébastien Lemire moved, — That Bill C-61, in Clause 8, be amended

(a) by replacing lines 15 to 19 on page 9 with the following:

“8 The provisions of the Fisheries Act, the Migratory Birds Convention Act, 1994, the Canadian Environmental Protection Act, 1999 and the Species at Risk Act and of regulations”

(b) by replacing line 22 on page 9 with the following:

“tion law, as long as the federal government has taken the necessary measures to consult and cooperate with the First Nation in accordance with the principles set out in section 5.”

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

YEAS: Lori Idlout, Sébastien Lemire — 2;

NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Michael V. McLeod, Eric Melillo, Jamie Schmale, Martin Shields, Bob Zimmer — 9.

Lori Idlout moved, — That Bill C-61, in Clause 8, be amended

(a) by replacing line 15 on page 9 with the following:

“8 The Government of Canada must, in consultation and cooperation with First Nations, take all measures necessary to ensure that the provisions of the Fisheries Act, the Canadian

(b) by replacing lines 20 to 22 on page 9 with the following:

“made under those Acts are consistent with First Nations laws.”

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

YEAS: Lori Idlout, Sébastien Lemire — 2;

NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Michael V. McLeod, Eric Melillo, Jamie Schmale, Martin Shields, Bob Zimmer — 9.

Clause 8 carried on division.

On Clause 9,

Lori Idlout moved, — That Bill C-61, in Clause 9, be amended by adding after line 26 on page 9 the following:

“(2) A First Nation law, as amended from time to time, has, during the period that the law is in force, the force of law as federal law.”

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

Clause 9 carried on division.

Clause 10 carried on division.

On Clause 11,

Lori Idlout moved, — That Bill C-61, in Clause 11, be amended by replacing line 4 on page 10 with the following:

“than this section, sections 5, 7, 9 and 14 to 16 of this Act”

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

YEAS: Lori Idlout, Sébastien Lemire — 2;

NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Michael V. McLeod, Eric Melillo, Jamie Schmale, Martin Shields, Bob Zimmer — 9.

At 9:00 p.m., the committee adjourned to the call of the Chair.



Marc-Olivier Girard
Committee clerk