INAN Committee Meeting
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Minutes of Proceedings
Conservative
Bloc Québécois
NDP
The witnesses answered questions.
The committee resumed its clause-by-clause study of the Bill.
The committee resumed clause-by-clause consideration on Clause 22 of the Bill.
On Clause 22,
Gary Vidal moved, — That Bill C-61, in Clause 22, be amended by replacing line 24 on page 13 with the following:“subsection (1), and any such regulations must be co-developed with that body.”
At 3:40 p.m., the meeting was suspended.
At 3:41 p.m., the meeting resumed.
After debate, the question was put on the amendment of Gary Vidal and it was agreed to on division.
“(3) A regulation made under subsection (1) must not come into force unless the First Nation governing body of the First Nation consents to it.”
Debate arose thereon.
Lori Idlout moved, — That the amendment be amended by replacing the words “of the First Nation consents” with the words “provides free, prior and informed consent”.
At 4:03 p.m., the meeting was suspended.
At 4:25 p.m., the meeting resumed.
After debate, the question was put on the subamendment of Lori Idlout and it was agreed to on division.
The question was put on the amendment of Gary Vidal, as amended, and it was agreed to on division.
Clause 22, as amended, carried on division.
On Clause 23,
Lori Idlout moved, — That Bill C-61, in Clause 23, be amended(a) by replacing line 29 on page 13 with the following:
“(2) The agreement must include”
(b) by adding after line 3 on page 14 the following:
“(c) plans and policies that address water, source water, clean and safe drinking water, wastewater and related infrastructure on First Nation lands.”
Debate arose thereon.
By unanimous consent, it was agreed, — That the amendment be amended by deleting paragraph (a).
The question was put on the amendment of Lori Idlout, as amended, and it was agreed to on division.
At 4:57 p.m., the meeting was suspended.
At 5:04 p.m., the meeting resumed.
“(3) For greater certainty, nothing in subsection (1) is to be construed as preventing a First Nation governing body from entering into an agreement with the Treasury Board to support the exercise of the jurisdiction referred to in section 6 or for the purposes of sections 24 and 25.”
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, Peter Fonseca, Shelby Kramp-Neuman, Sébastien Lemire, Michael V. McLeod, Martin Shields, Gary Vidal, Bob Zimmer — 10.
Clause 23, as amended, carried on division.
Clause 24 carried on division.
On new Clause 24.1,
Gary Vidal moved, — That Bill C-61 be amended by adding after line 8 on page 14 the following new clause:“24.1 (1) A First Nation law does not apply in a protection zone unless the Minister enters into an agreement with the First Nation governing body that made the law and the government of the province or territory in which the First Nation lands are located respecting the administration and enforcement of the First Nation law.
(2) The parties to the agreement may include a municipal government or any public body acting under the authority of the First Nation.”
The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Gary Vidal appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Peter Fonseca, Lori Idlout, Sébastien Lemire, Michael V. McLeod — 7;
NAYS: Shelby Kramp-Neuman, Martin Shields, Gary Vidal, Bob Zimmer — 4.
On Clause 25,
Lori Idlout moved, — That Bill C-61, in Clause 25, be amended by replacing line 18 on page 14 with the following:“(c) the administration and enforcement of First Nation regulations and those”
Debate arose thereon.
At 5:19 p.m., the meeting was suspended.
At 5:38 p.m., the meeting resumed.
Jenica Atwin moved, — That the amendment be amended
(a) by replacing the words “line 18” with the words “lines 18 and 19”
(b) by replacing the words “regulations and those” with the words “laws and the administration and enforcement of regulations made under subsection 19(1)”.
After debate, the question was put on the subamendment of Jenica Atwin and it was agreed to on division.
The question was put on the amendment of Lori Idlout, as amended, and it was agreed to on division.
Clause 25, as amended, carried on division.
On new Clause 25.1,
Sébastien Lemire moved, — That Bill C-61 be amended by adding after line 29 on page 14 the following new clause:“25.1 The Minister must
(a) as soon as feasible after receiving a notice under subsection 22.1(1) or a request under subsection 23(1), post on a website the name of the First Nation on whose behalf a First Nation governing body gave the notice or made the request, as the case may be, and the date on which the notice or request was received;
(b) as soon as feasible after an agreement is entered into, post on a website the name of the First Nation on whose behalf a First Nation governing body entered into the agreement and the date on which it was entered into;
(c) as soon as feasible after receiving notice that a First Nation law made on behalf of a First Nation contains a provision respecting water or source water in a protection zone, post on a website the name of that First Nation and the coming-into-force date of that First Nation law; and
(d) as soon as feasible after receiving a copy of the First Nation law containing a provision respecting water or source water in a protection zone made on behalf of a First Nation, ensure that the First Nation law is made accessible to the public in any manner that the Minister considers appropriate, and, to that end, the Minister may publish the law, as amended from time to time, in the Canada Gazette.”
After debate, the question was put on the amendment of Sébastien Lemire and it was negatived on the following recorded division:
YEAS: Shelby Kramp-Neuman, Sébastien Lemire, Martin Shields, Gary Vidal, Bob Zimmer — 5;
NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Peter Fonseca, Lori Idlout, Michael V. McLeod — 6.
On Clause 26,
Lori Idlout moved, — That Bill C-61, in Clause 26, be amended by replacing lines 30 to 32 on page 14 with the following:“26 The Minister must ensure through funding that access to clean and safe drinking water,”
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.
That Bill C-61, in Clause 26, be amended by replacing line 31 on page 14 to line 2 on page 15 with the following:
“First Nation governing body, must ensure that all residents, legal occupants and users of buildings located on the First Nation lands of the First Nation have regular access to clean and safe drinking water in those buildings.
(2) For greater certainty, the buildings referred to in subsection (1) include homes, and having “regular access to clean and safe drinking water” in relation to a resident’s or legal occupant’s home refers to having, in such a home, drinking water of a quality and quantity sufficient for all usual and necessary uses of water as in a similarly situated non-Indigenous home, including water for drinking, bathing and personal hygiene, food preparation and dishwashing, sanitation and laundering.”
That Bill C-61, in Clause 26, be amended by replacing line 31 on page 14 with the following:
“First Nation governing body, must”
After debate, the question was put on the amendment of Mike Morrice and it was negatived on the following recorded division:
YEAS: Lori Idlout, Sébastien Lemire — 2;
NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Shelby Kramp-Neuman, Michael V. McLeod, Martin Shields, Gary Vidal, Bob Zimmer — 9.
“First Nation governing body, must ensure that
(a) access to clean and safe drinking water of a quality that meets the standard set out in section 14, whether from a public or private water system, is provided to all residents, occupants and users of buildings located on the First Nation lands of the First Nation;
(b) access to water of a quantity that meets the standard set out in section 15 is available on the First Nation lands of the First Nation; and
(c) wastewater effluent treatment meets the standard set out in section 16 so that all residents, occupants and users of buildings located on the First Nation lands of the First Nation can benefit from it.”
At 6:13 p.m., the meeting was suspended.
At 6:14 p.m., the meeting resumed.
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, Shelby Kramp-Neuman, Michael V. McLeod, Martin Shields, Gary Vidal, Bob Zimmer — 9.
(a) by replacing lines 31 and 32 on page 14 with the following:
“First Nation governing body, must ensure that access to clean and safe drinking water that meets the standards set out in sections 14 and 15”
(b) by replacing line 2 on page 15 with the following:
“ings located on the First Nation lands of the First Nation and that wastewater effluent treatment meets the standard set out in section 16 so that all such residents, occupants and users can benefit from it.”
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, Shelby Kramp-Neuman, Sébastien Lemire, Michael V. McLeod, Martin Shields, Gary Vidal, Bob Zimmer — 10.
That Bill C-61, in Clause 26, be amended by replacing line 2 on page 15 with the following:
“ings located on the First Nation lands of the First Nation in a manner that, as a minimum, meets the obligations set out in sections 31, 33 and 34.”
Debate arose thereon.
Jenica Atwin moved, — That the amendment be amended by deleting the words “, as a minimum,”.
At 6:21 p.m., the meeting was suspended.
At 6:26 p.m., the meeting resumed.
The question was put on the subamendment of Jenica Atwin and it was agreed to on the following recorded division:
YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Shelby Kramp-Neuman, Sébastien Lemire, Michael V. McLeod, Martin Shields, Gary Vidal, Bob Zimmer — 10;
NAYS: Lori Idlout — 1.
After debate, the question was put on the amendment of Elizabeth May, as amended, and it was agreed to on the following recorded division:
YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Shelby Kramp-Neuman, Sébastien Lemire, Michael V. McLeod, Martin Shields, Gary Vidal, Bob Zimmer — 10;
NAYS: Lori Idlout — 1.
Clause 26, as amended, carried on division.
Martin Shields 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: Lori Idlout, Shelby Kramp-Neuman, Sébastien Lemire, Martin Shields, Gary Vidal, Bob Zimmer — 6;
NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Michael V. McLeod — 5.
At 6:43 p.m., the committee adjourned to the call of the Chair.