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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 130
Thursday, November 7, 2024, 8:16 a.m. to 9:49 a.m.
Audio Only
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 11 of the Bill.

On Clause 11,

Lori Idlout moved, — That Bill C-61, in Clause 11, be amended by adding after line 6 on page 10 the following:

(2) If a provision of a First Nation law is inconsistent or conflicts with a provision of another First Nation law, the inconsistency or conflict may be resolved, to the extent of the inconsistency or conflict, by

(a) taking into account factors such as geographic and hydrological proximity and the First Nations' dependence on the water or source water;

(b) assessing the distinct traditions, customs and practices of the First Nations; and

(c) applying any applicable resolution following a dispute resolution process that applies under this Act or any of the other First Nation laws.”

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 11 carried on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Sébastien Lemire, Michael V. McLeod, Eric Melillo, Jamie Schmale, Martin Shields, Bob Zimmer — 10;

NAYS: Lori Idlout — 1.

Clause 12 carried on division.

Clause 13 carried on division.

On Clause 14,

Lori Idlout moved, — That Bill C-61, in Clause 14, be amended by replacing lines 21 to 27 on page 10 with the following:

“14 (1)The Minister must ensure that the quality of drinking water on the First Nation lands of a First Nation meet the stricter of

(a) the guidelines set out in the Guidelines for Canadian Drinking Water Quality; or

(b) the drinking water standards in place in the province or territory where the First Nation lands are located.

(2) For greater certainty, subsection (1) applies despite any exercise of jurisdiction under section 6.”

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.

Clause 14 carried on division.

On new Clause 14.1,

Lori Idlout moved, — 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 at least meet the First Nation's needs for the purpose of exercising its Aboriginal and treaty rights, among other purposes.”

Debate arose thereon.

By unanimous consent, new Clause 14.1 was allowed to stand.

On Clause 15,

Lori Idlout moved, — That Bill C-61, in Clause 15, be amended by replacing lines 28 to 32 on page 10 with the following:

“15 (1) The Minister must ensure that the quantity of water available on the First Nation lands of a First Nation and in the protection zone adjacent to those lands meet the needs of the First Nation for the purposes of drinking, cooking, sanitation, hygiene, safety, fire protection, emergency management, economic well-being, cultural practices and the exercise of Aboriginal rights, based on the First Nation's current and projected water usage needs.

(2) The Minister must take into account a First Nation's current and projected water usage needs in respect of the framework under section 27.

(3) For greater certainty, subsection (1) applies despite any exercise of jurisdiction under section 6.”

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

YEAS: — 0;

NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Lori Idlout, Sébastien Lemire, Michael V. McLeod, Eric Melillo, Jamie Schmale, Martin Shields, Bob Zimmer — 11.

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 15, be amended by replacing lines 30 and 31 on page 10 with the following:

“sanitation, hygiene, safety, fire protection, emergency management, economic and cultural needs of the First Nation, based on its cur‐”

Debate arose thereon.

At 9:49 a.m., the committee adjourned to the call of the Chair.



Danielle Widmer
Committee clerk