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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 131
Monday, November 18, 2024, 3:50 p.m. to 6:32 p.m.
Televised
Presiding
Patrick Weiler (Liberal)

• Jenica Atwin for Anna Gainey (Liberal)
• Ron Liepert for Martin Shields (Conservative)
• Francis Scarpaleggia for Ben Carr (Liberal)
• Mario Simard for Sébastien Lemire (Bloc Québécois)
• Gary Vidal for Jamie Schmale (Conservative)
House of Commons
• Michelle Legault, Legislative Clerk
• Jacques Maziade, Legislative Clerk
 
Library of Parliament
• 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 resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 15 of the Bill.

The committee resumed consideration of the amendment of Mike Morrice, — 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‐”

Lori Idlout moved, — That the amendment be amended by adding the word “spiritual” after the word “economic”.

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

YEAS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Lori Idlout, Michael V. McLeod, Francis Scarpaleggia, Mario Simard — 7;

NAYS: Ron Liepert, Eric Melillo, Jamie Schmale, Bob Zimmer — 4.

The question was put on the amendment of Mike Morrice, as amended, and it was negatived on the following recorded division:

YEAS: Lori Idlout, Mario Simard — 2;

NAYS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Bob Zimmer — 9.

Jenica Atwin moved, — 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-”

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

Clause 15, as amended, carried on division.

On Clause 16,

Lori Idlout moved, — That Bill C-61, in Clause 16, be amended

(a) by replacing lines 1 to 3 on page 11 with the following:

“16 (1) The Minister must ensure that wastewater effluent on First Nation lands and in the protection zones adjacent to those lands at least meet the stan‐”

(b) by replacing lines 5 to 7 on page 11 with the following:

lations or, on the request of a First Nation, wastewater effluent standards in place in the province or territory where the First Nation lands of that First Nation are located.

(2) Subsection (1) applies despite any exercise of the jurisdiction referred to in 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 — 1;

NAYS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Mario Simard, Bob Zimmer — 10.

Clause 16 carried on division.

Clause 17 carried on division.

On Clause 18,

Lori Idlout moved, — That Bill C-61, in Clause 18, be amended by replacing lines 11 to 29 on page 11 with the following:

“18 (1) For the purposes of sections 14 and 16, a First Nation governing body may request that the same minimum standards in place in the province or territory where the First Nation is located apply to the First Nation lands and in the protection zone that is adjacent to the First Nations land of that First Nation.

(2) For the purposes of subsection (1), the Minister, in consultation and cooperation with the First Nation governing body, must determine which of the provincial or territorial minimum standards will apply.

(3) The Minister must begin the consultation and cooperation required by subsection (2) no later than the 90th day after the day on which the request is made and must determine which standards will apply no later than the 90th day after the day on which the consultation and cooperation with the First Nation governing body begins."

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, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Mario Simard, Bob Zimmer — 10.

Eric Melillo moved, — 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 before applying the standards referred to in paragraph (1)(a) or (b).”

Debate arose thereon.

At 4:44 p.m., the meeting was suspended.

At 5:02 p.m., the meeting resumed.

Jaime Battiste moved, — That the amendment be amended by adding the words “as identified through a band council resolution” after the word “body”.

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

YEAS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Mario Simard, Bob Zimmer — 10;

NAYS: Lori Idlout — 1.

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

YEAS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Lori Idlout, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Mario Simard, Bob Zimmer — 11;

NAYS: — 0.

Clause 18, as amended, carried on division.

On new Clause 18.1,

Lori Idlout moved, — That Bill C-61 be amended by adding before line 30 on page 11 the following new clause:

“18.1 The Governor in Council may make regulations respecting the development of the dispute resolution mechanism provided by section 25.‍1 in order to foster the entering into of agreements.”

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, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Bob Zimmer — 10.

On Clause 19,

Lori Idlout moved, — 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‐”

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

YEAS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Lori Idlout, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Bob Zimmer — 10;

NAYS: Sébastien Lemire — 1.

Lori Idlout moved, — That Bill C-61, in Clause 19, be amended by replacing line 2 on page 12 with the following:

“water and ground water protection plans and the maintenance and”

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

YEAS: Lori Idlout, Ron Liepert, Eric Melillo, Jamie Schmale, Bob Zimmer — 5;

NAYS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Sébastien Lemire, Michael V. McLeod, Francis Scarpaleggia — 6.

Sébastien Lemire moved, — That Bill C-61, in Clause 19, be amended by replacing line 6 on page 12 with the following:

“(d) the recruitment, training, certification and retention of water services op‐”

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, Brendan Hanley, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Bob Zimmer — 9.

Lori Idlout moved, — That Bill C-61, in Clause 19, be amended by replacing lines 22 and 23 on page 12 with the following:

“(k) the insurance required to be maintained by First Nations in respect of water services and water services operators or by the Minister on behalf of a First Nation that cannot reasonably obtain such insurance by ordinary means; and”

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.

Lori Idlout moved, — That Bill C-61, in Clause 19, be amended by replacing line 26 on page 12 with the following:

“ter, as described under sections 14 and 15, respectively, and the treatment and disposal of wastewater, as described under section 16.”

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

YEAS: Lori Idlout, Ron Liepert, Eric Melillo, Jamie Schmale, Bob Zimmer — 5;

NAYS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Sébastien Lemire, Michael V. McLeod, Francis Scarpaleggia — 6.

Sébastien Lemire moved, — That Bill C-61, in Clause 19, be amended by adding after line 26 on page 12 the following:

“(m) the regulatory framework governing the oil, gas and nuclear industries to protect water and source water on First Nation lands and in protection zones.”

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, Brendan Hanley, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Bob Zimmer — 9.

Lori Idlout moved, — That Bill C-61, in Clause 19, be amended by adding after line 26 on page 12 the following:

“(m) minimum standards in respect of water and source water, including the quality and the quantity of available water and source water, as described under sections 14 and 15.”

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, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Bob Zimmer — 10.

Lori Idlout moved, — That Bill C-61, in Clause 19, be amended by adding after line 26 on page 12 the following:

“(m) dispute resolution mechanisms with respect to entering into an agreement under the 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 — 1;

NAYS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Sébastien Lemire, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Bob Zimmer — 10.

Sébastien Lemire moved, — That Bill C-61, in Clause 19, be amended by replacing lines 31 and 32 on page 12 with the following:

“vide for different minimum standards for different places on the First Nation lands of a First Nation to address local circumstances, as long as those minimum standards meet the standards and conditions set out in sections 14 to 16.”

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

YEAS: Sébastien Lemire — 1;

NAYS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Lori Idlout, Ron Liepert, Michael V. McLeod, Eric Melillo, Francis Scarpaleggia, Jamie Schmale, Bob Zimmer — 10.

At 6:32 p.m., the committee adjourned to the call of the Chair.



Malachie Azémar
Clerk of the committee