INAN Committee Meeting
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Minutes of Proceedings
The witnesses answered questions.
The committee resumed its clause-by-clause study of the Bill.
On Clause 27,
Lori Idlout moved, — That Bill C-61, in Clause 27, be amended by replacing line 4 on page 15 with the following:“First Nation governing bodies, based on their own consultation policies, in respect of a framework”
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, Martin Shields, Gary Vidal, Bob Zimmer — 10.
“vices on First Nation lands and must co-develop the framework with those bodies.”
Debate arose thereon.
Lori Idlout moved, — That the amendment be amended by adding after the word “bodies” the words “and meet the obligations set out in sections 31, 33 and 34.”
At 10:19 a.m., the meeting was suspended.
At 10:43 a.m., the meeting resumed.
After debate, the question was put on the subamendment of Lori Idlout and it was agreed to on division.
After debate, the question was put on the amendment of Eric Melillo and it was agreed to on division.
“spect of the framework for assessing needs and the co-development of the framework may involve,”
After debate, the question was put on the amendment of Eric Melillo and it was agreed to on division.
“(a) capital and upgrades;
(b) operations and maintenance, including repairs and replacements;
(c) monitoring;
(d) enforcement;
(e) reporting;
(e.1) requirements relating to legal fees for various tasks relating to the day-to-day operations of water services;
(f) actual costs;
(f.1) remoteness costs, including the higher costs of providing water services in remote communities;
(g) governance;
(h) capacity development;
(h.1) the insurance required to be maintained by First Nations in respect of water services and water services operators and the information required to be provided to First Nations about their insurance, including the analysis of the risks ascribed to First Nations by their insurers and past claims, to enable First Nations to better understand how their insurance premiums are set; and
(i) standards applicable to water services received by First Nation persons compared with the most stringent standards applicable to water services received by persons in non-Indigenous communities.”
Debate arose thereon.
Lori Idlout moved, — That the amendment be amended by adding after the words “non-Indigenous communities” in paragraph (i) the words “(h.1) distinct cultural practices, Aboriginal rights, lands and laws of each First nation.”
Debate arose thereon.
By unanimous consent, the subamendment was withdrawn.
After debate, the question was put on the amendment of Sébastien Lemire and it was agreed to.
“(3) The Minister’s funding allocation decisions under subsection (1) must be consistent with the principle that the funding for First Nations water services is to”
Debate arose thereon.
At 11:26 a.m., the meeting was suspended.
At 11:37 a.m., the meeting resumed.
By unanimous consent, Clause 27 was allowed to stand.
On new Clause 27.1,
Jenica Atwin moved, — That Bill C-61 be amended by adding after line 10 on page 16 the following:“27.1 The Minister must, in consultation and cooperation with First Nation governing bodies, conduct a study of the asserted treaty right to water.”
At 11:56 a.m., the meeting was suspended.
At 12:13 p.m., the meeting resumed.
After debate, the question was put on the amendment of Jenica Atwin and it was negatived on the following recorded division:
YEAS: Jenica Atwin, Jaime Battiste, Anju Dhillon, Mike Kelloway, Michael V. McLeod — 5;
NAYS: Lori Idlout, Sébastien Lemire, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 6.
On Clause 28,
Lori Idlout moved, — That Bill C-61, in Clause 28, be amended by replacing line 11 on page 16 with the following:“28 The Minister must provide support to First Nation”
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.
Whereupon, Lori Idlout 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, Anju Dhillon, Mike Kelloway, Michael V. McLeod, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 9;
NAYS: Lori Idlout, Sébastien Lemire — 2.
Clause 28 carried on division.
On Clause 29,
Lori Idlout moved, — That Bill C-61, in Clause 29, be amended(a) by replacing lines 16 and 17 on page 16 with the following:
“the Fisheries Act, the Migratory Birds Con‐”
(b) by replacing line 20 on page 16 with the following:
“tions made under those Acts protect the environment as much as or more than 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 — 1;
NAYS: Jenica Atwin, Jaime Battiste, Anju Dhillon, Mike Kelloway, Sébastien Lemire, Michael V. McLeod, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 10.
Clause 29 carried on division.
On new Clause 29.1,
Sébastien Lemire moved, — That Bill C-61 be amended by adding after line 20 on page 16 the following new clause:“29.1 The Minister must, without delay, inform affected First Nation governing bodies of any significant risk of harm to health or the environment.”
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, Anju Dhillon, Mike Kelloway, Michael V. McLeod, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 9.
At 12:25 p.m. the meeting was suspended.
At 12:30 p.m., the meeting resumed.
“29.1 (1) The Minister — as well as any other members of the King’s Privy Council for Canada, other persons and bodies established under an international agreement that are concerned — must ensure that every organization subject to the Canadian Navigable Waters Act, the Canada Marine Act or the Canada Shipping Act, 2001 strictly adheres to the principles of the United Nations Declaration on the Rights of Indigenous Peoples respecting consultation, cooperation and participation.
(2) Adhering to those principles must include taking Indigenous perspectives into account in governance processes and establishing cooperation mechanisms that allow for joint decision making with First Nations, in order to protect ecosystems and Indigenous peoples' environmental rights.
(3) The Minister — as well as any other members of the King’s Privy Council for Canada, other persons and bodies established under an international agreement that are concerned — must also ensure that those principles are not only adhered to, but also actively applied in every decision about the management and protection of navigable waters and seaways, including in respect of infrastructure and development projects that affect those vital resources.”
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, Anju Dhillon, Mike Kelloway, Michael V. McLeod, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 9.
“29.1 (1) The Minister — as well as any other members of the King’s Privy Council for Canada, other persons and bodies established under an international agreement that are concerned — must ensure that First Nations directly connected to the St. Lawrence Seaway and its tributaries enjoy a full and meaningful right to participate in governance, management and decision making concerning the protection, maintenance and use of the St. Lawrence Seaway.
(2) The right to participate includes the prior and informed consultation of First Nations and their free, prior and informed consent in respect of any initiative that directly affects their territories, resources or Aboriginal rights.
(3) The Minister — as well as any other members of the King’s Privy Council for Canada, other persons and bodies established under an international agreement that are concerned — must also ensure that the right to participate includes the recognition and protection of the environmental management powers exercised by First Nations, particularly respecting the territories and resources subject to their traditional jurisdictions or treaty rights.”
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, Anju Dhillon, Mike Kelloway, Michael V. McLeod, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 9.
On Clause 30,
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 30, be amended by replacing line 21 on page 16 with the following:“30 The Government of Canada must”
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.
“provide funding that meaningfully reflects the consultations and cooperation between the Minister and First Nation governing bodies under subsection 27(1) and that meets the needs assessed in the”
After debate, the question was put on the amendment of Sébastien Lemire and it was agreed to on the following recorded division:
YEAS: Lori Idlout, Sébastien Lemire, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 6;
NAYS: Jenica Atwin, Jaime Battiste, Anju Dhillon, Mike Kelloway, Michael V. McLeod — 5.
Clause 30, as amended, carried on division.
On Clause 31,
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 31, be amended by replacing line 24 on page 16 with the following:“31 The Government of Canada must”
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.
(a) by replacing line 24 on page 16 with the following:
“31 The Government of Canada must”
(b) by replacing line 27 on page 16 with the following:
“water services on First Nation lands and in protection zones adjacent to First Nation lands so that First Nation”
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.
(a) by replacing line 24 on page 16 with the following:
“31 The Government of Canada must”
(b) by replacing lines 28 to 30 on page 16 with the following:
“persons are able to receive clean and safe water that meets the guidelines set out in the Guidelines for Canadian Drinking Water Quality.”
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.
Whereupon, Lori Idlout 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, Brendan Hanley, Sébastien Lemire, Michael V. McLeod, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer, Sameer Zuberi — 10;
NAYS: Lori Idlout — 1.
“provide funding that meaningfully reflects the consultations and cooperation between the Minister and First Nation governing bodies under subsection 27(1), that is adequate, predictable, stable, sus‐”
After debate, the question was put on the amendment of Sébastien Lemire and it was agreed to on division.
“water services on First Nation lands so that, in accordance with the principle of substantive equality, First Nation”
After debate, the question was put on the amendment of Sébastien Lemire and it was agreed to.
Clause 31, as amended, carried on the following recorded division:
YEAS: Jenica Atwin, Jaime Battiste, Brendan Hanley, Sébastien Lemire, Michael V. McLeod, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer, Sameer Zuberi — 10;
NAYS: Lori Idlout — 1.
On Clause 31.1,
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 be amended by adding after line 30 on page 16 the following new clause:“31.1 (1) If a First Nation determines that any of the following situations applies, the First Nation may avail itself of the dispute resolution process set out in sections 9.06 to 9.08 and Schedule K to the Settlement Agreement as though the First Nation were an underserviced First Nation, within the meaning of section 1.01 of the Settlement Agreement:
(a) the access to clean and safe drinking water referred to in section 26 is not provided, or ceases to be provided, on its First Nation Lands;
(b) the funding provided by the Government of Canada is insufficient to meet the First Nation’s needs assessed through the framework referred to in subsection 27(1); and
(c) the funding provided by the Government of Canada in accordance with section 31 is insufficient to meet the actual costs that would have to be defrayed in order for the First Nation persons of the First Nation to be able to receive water services comparable to those received by persons in non-Indigenous communities.
(2) For greater certainty, if a First Nation has, under subsection (1), availed itself of the dispute resolution process and developed a remediation plan with Canada, within the meaning of section 9.06 of the Settlement Agreement, it may again avail itself of the process if it determines that Canada is not complying with the remediation plan.”
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.
On Clause 32,
Lori Idlout moved, — That Bill C-61, in Clause 32, be amended by replacing line 1 on page 17 with the following:“32 The Government of Canada must”
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.
Clauses 32 to 36 inclusive carried on division severally.
On Clause 37,
Jenica Atwin moved, — That Bill C-61, in Clause 37, be amended by replacing line 26 on page 17 to line 2 on page 18 with the following:(2) A First Nation governing body is not liable for loss or damage in relation to acts or omissions of any of its employees or any persons hired by it who are acting within the scope of their duties in the provision of water services on the First Nation lands of the First Nation if the acts or omissions were committed in good faith and the Government of Canada did not make best efforts to provide adequate funding for water services on those First Nation lands.
(3) His Majesty in right of Canada is not liable for loss or damage in relation to acts or omissions of servants of the Crown for anything done or omitted to be done by them in good faith in the performance, or intended performance, of their duties in relation to the provision of water services on the First Nation lands of a First Nation — and no action or other proceedings for damages lies or may be instituted against such servants of the Crown — if the Government of Canada made best efforts to provide adequate funding for water services on those First Nation lands.
After debate, the question was put on the amendment of Jenica Atwin and it was agreed to on the following recorded division:
YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Brendan Hanley, Michael V. McLeod, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 9;
NAYS: Lori Idlout, Sébastien Lemire — 2.
Clause 37, as amended, carried on division.
Clause 38 carried on division.
At 1:46 p.m., the meeting was suspended.
At 3:54 p.m., the meeting resumed.
On Clause 39,
Sébastien Lemire moved, — That Bill C-61, in Clause 39, be amended by replacing lines 9 and 10 on page 18 with the following:“39 (1) The Minister must establish working groups — the members of which are not remunerated —, whose purpose is to consult and cooperate with First Nation governing bodies and to grant them decision-making representation that is equal and equitable to that of the other participants, in respect of the develop‐”
At 4:02 p.m., the meeting was suspended.
At 4:12 p.m., the meeting resumed.
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, Ben Carr, Anna Gainey, Brendan Hanley, Lori Idlout, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 10.
(a) by replacing lines 9 and 10 on page 18 with the following:
“39 (1) Within six months after the day on which this section comes into force, the Minister must collaborate with First Nation governing bodies, as equal collaborative partners, in respect of the develop‐”
(b) by adding after line 23 on page 18 the following:
“(c) that First Nations may decide, by resolution of their regional representative organization, to not participate in matters relating to the First Nations Water Commission.”
(c) by replacing lines 28 to 32 on page 18 with the following:
“First Nations of water, source water and water services on First Nation lands and water and source water in a protection zone;
(b) providing advice to First Nations in relation to water, source water and water services on First Nations lands and to water and source water in a protection zone, including by obtaining”
(d) by replacing lines 8 to 15 on page 19 with the following:
“ments and First Nations in relation to water, source water and water services on First Nation lands, and water and source water in a protection zone, including recommendations relating to laws, regulations, policies, guidelines and the drafting of model laws, agreements and plans; and
(e) providing other services in relation to planning, coordination and reporting with respect to water, source water and water services on First Nation lands and water and source water in a protection zone.”
(e) by replacing lines 16 to 19 on page 19 with the following:
“(4) The Minister must begin the collaboration required by subsection (1) no later than the last day of the sixth month after the month in which this section comes into force and must complete the development of the terms of reference referred to in that subsection no later than two years after the day on which this section comes into force.”
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, Anna Gainey, Brendan Hanley, Sébastien Lemire, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 10.
“Act that is to be led by First Nations and must co-develop the terms of reference with those bodies.”
After debate, the question was put on the amendment of Eric Melillo and it was negatived on the following recorded division:
YEAS: Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 4;
NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Brendan Hanley, Lori Idlout, Sébastien Lemire — 7.
“sultations, cooperation and co-development required by subsection (1) no”
The question was put on the amendment of Eric Melillo and it was negatived.
“(a.1) that the corporation must provide its services in both official languages; and”
After debate, the question was put on the amendment of Sébastien Lemire and it was negatived on the following recorded division:
YEAS: Sébastien Lemire, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 5;
NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Brendan Hanley, Lori Idlout — 6.
“(c) that the corporation may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers and functions of the corporation where, in the opinion of the corporation, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for transmission of the next annual report of the corporation; and
(d) that the corporation must publish on its website, in both official languages as well as in any Indigenous language of its choice, every report it provides to the Minister within 10 days after it is tabled in both Houses of Parliament.”
Debate arose thereon.
Lori Idlout moved, — That the amendment be amended by replacing the words “any Indigenous language of its choice” with « as many Indigenous languages as possible”
At 4:31 p.m., the meeting was suspended.
At 4:45 p.m., the meeting resumed.
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, Ben Carr, Anna Gainey, Brendan Hanley, Lori Idlout — 6;
NAYS: Sébastien Lemire, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 5.
The question was put on the amendment of Sébastien Lemire, as amended, and it was agreed to on division.
“(d.1) considering matters relating to water pollution on First Nation lands and making recommendations to the federal, provincial and territorial governments and First Nations in this regard by taking into account, among other things, existing frameworks and best practices related to pollution caused by certain dangerous substances discharged into the aquatic environments on First Nation lands; and”
After debate, the question was put on the amendment of Sébastien Lemire and it was agreed to on division.
Sébastien Lemire moved, — That Clause 39 be allowed to stand.
Debate arose thereon.
By unanimous consent, the motion was withdrawn.
“(5) That the corporation must provide its services in both official languages and in any Indigenous language it considers necessary;”
By unanimous consent, after debate, the question was put on the amendment of Sébastien Lemire and it was agreed to.
At 5:21 p.m., the meeting was suspended.
At 5:40 p.m., the meeting resumed.
Clause 39, as amended, carried on division.
Clause 40 carried on division.
Clause 41 carried on division.
On Clause 42,
Lori Idlout moved, — That Bill C-61, in Clause 42, be amended(a) by replacing line 1 on page 20 with the following:
“and cooperation with First Nations,”
(b) by replacing line 3 on page 20 with the following:
“to be conducted according to jointly develop criteria, and the Minister must cause a report of”
After debate, the question was put on the amendment of Lori Idlout and it was agreed to on division.
Clause 42, as amended, carried on division.
Clause 43 carried on division.
On Clause 44,
Jenica Atwin moved, — That Bill C-61, in Clause 44, be amended by replacing lines 14 to 16 on page 20 with the following:“44 This Act, other than section 27.1, comes into force one year after the day on which this Act receives royal assent.”
Debate arose thereon.
Jaime Battiste moved, — That the amendment be amended by deleting the words “, other than section 27.1,”.
After debate, the question was put on the subamendment of Jaime Battiste and it was agreed to.
After debate, the question was put on the amendment of Jenica Atwin, as amended, and it was agreed to on division.
Clause 44, as amended, carried on division.
On Clause 2,
Lori Idlout moved, — That Bill C-61, in Clause 2, be amended by replacing lines 4 and 5 on page 5 with the following:“First Nation governing body means a legally recognized council, legally recognized government or other entity that is legally authorized to act on behalf or”
The Chair ruled the proposed amendment inadmissible because it proposed a substantive amendment to the Bill by way of a modification to the interpretation clause, as provided on page 773 of House of Commons Procedure and Practice, Third Edition.
“and distribution of water intended for drinking or cooking or for”
The Chair ruled the proposed amendment inadmissible because it proposed a substantive amendment to the Bill by way of a modification to the interpretation clause, as provided on page 773 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Lori Idlout appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned 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, Martin Shields, Gary Vidal, Bob Zimmer — 11.
After debate, the question was put on the amendment of Lori Idlout and it was agreed to on division.
“(c) the protection of groundwater and aquifers.”
After debate, the question was put on the amendment of Lori Idlout and it was agreed to on division.
Clause 2, as amended, carried on division.
At 6:10 p.m., the meeting was suspended.
At 6:34 p.m., the meeting resumed.
By unanimous consent, the committee reverted to new Clause 14.1 previously stood.
“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.”
The debate continued.
By unanimous consent, new Clause 14.1 was allowed to stand.
By unanimous consent, the committee reverted to Clause 21 previously stood.
“(3) A regulation made under subsection (1) must not come into force unless the Minister has obtained the free, prior and informed consent of First Nation governing bodies and the consent of the governments of the provinces and territories.”
The debate continued.
Jaime Battiste moved, — That the amendment be amended by replacing the words “A regulation made under subsection (1) must not come into force unless the Minister has obtained the free, prior and informed consent of First Nation governing bodies and the consent of the governments of the provinces and territories” with the words “In relation to a regulation made under subsection (1), the Minister must make best efforts to begin consultation and cooperation to enter into agreements with First Nation governing bodies, and the governments of provinces and territories in defining “protection zone” no later than the last day of the sixth month after the month in which this section comes into force in a manner that is guided by the principles of the United Nations Declaration on the Rights of Indigenous Peoples and respecting provincial and territorial jurisdiction.”
At 6:58 p.m., the meeting was suspended.
At 7:33 p.m., the meeting resumed.
After debate, the question was put on the subamendment of Jaime Battiste and it was agreed to.
The committee resumed consideration of the amendment of Eric Melillo, as amended.
Lori Idlout moved, — That the amendment be amended by
a) deleting the words “make best efforts to” and
b) replacing the words “guided by the principles” with the words “consistent with the articles”
After debate, the question was put on the subamendment of Lori Idlout and it was agreed to on division.
Clause 21, as amended, carried on division.
The amendment, as amended, read as follows:
That Bill C-61, in Clause 21, be amended by adding after line 10 on page 13 the following:
“(3) In relation to a regulation made under subsection (1), the Minister must begin consultation and cooperation to enter into agreements with First Nation governing bodies, and the governments of provinces and territories in defining “protection zone” no later than the last day of the sixth month after the month in which this section comes into force in a manner that is consistent with the articles of the United Nations Declaration on the Rights of Indigenous Peoples and respecting provincial and territorial jurisdiction.”
By unanimous consent, the committee reverted to Clause 27 previously stood.
“(3) The Minister’s funding allocation decisions under subsection (1) must be consistent with the principle that the funding for First Nations water services is to”
Jenica Atwin moved, — That the amendment be amended by adding, after the word “Minister’s” the words “consultations and cooperation with respect to the making of”.
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.
“(e) align with the use of up-to-date clean and sustainable tech‐”
After debate, the question was put on the amendment of Lori Idlout and it was agreed to on division.
“(5) The Minister must complete the framework referred to in subsection (1) no later than the first anniversary of the day on which this section comes into force or the last day of any longer period requested by the Minister or First Nations governing bodies.”
After debate, the question was put on the amendment of Jenica Atwin and it was agreed to on division.
“(6) Within six months after the day on which any regulations made under subsection 19(1) come into force, the Minister must, in cooperation with First Nation governing bodies, update the framework for assessing needs referred to in subsection (1) to account for such regulations, as required.”
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, Anna Gainey, Brendan Hanley, Sébastien Lemire, Michael V. McLeod, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 10.
Clause 27, as amended, carried on division.
By unanimous consent, the committee reverted to new Clause 14.1 previously stood.
“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.”
Jaime Battiste moved, — That the amendment be amended by replacing the words “at least meet the First Nation’s needs for the purpose of exercising its Aboriginal and Treaty rights, among other purposes” with the words “be consistent with the rights recognized and affirmed by section 35 of the Constitution Act, 1982.”
After debate, the question was put on the subamendment of Jaime Battiste and it was agreed to on division.
After debate, the question was put on the amendment of Lori Idlout, as amended, and it was agreed to on division.
Clause 1, Short Title, carried on division.
On Preamble,
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 the preamble, be amended by adding after line 12 on page 1 the following:
“Whereas First Nation lands were set aside for the purpose of providing a home, community and economic base for First Nations and include water rights that enable First Nations to use and benefit from those lands;”
By unanimous consent, the amendment was withdrawn.
“Whereas water is not like any other commodity but a part of our heritage that must be protected, defended and treated as such, particularly in response to pressures from sectors such as agriculture, industry, tourism, transportation and energy;”
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, Anna Gainey, Brendan Hanley, Michael V. McLeod, Eric Melillo, Martin Shields, Gary Vidal, Bob Zimmer — 9.
“Whereas Parliament recognizes that broad, concurrent action by all levels of government to protect First Nation waters from pollution, including that caused by certain persistent, toxic and bioaccumulative substances, is urgently required;”
After debate, the question was put on the amendment of Sébastien Lemire and it was agreed to on division.
“ples, including Articles 3, 4, 18, 19, 22, 28 and 29, paragraph 2 of Article 32 and paragraph 1 of Article 37 as”
After debate, the question was put on the amendment of Lori Idlout and it was agreed to on division.
The Preamble, as amended, carried on division.
The Title carried on division.
The Bill, as amended, was adopted on the following recorded division:
YEAS: Jenica Atwin, Jaime Battiste, Anna Gainey, Brendan Hanley, Lori Idlout, Sébastien Lemire, Michael V. McLeod — 7;
NAYS: — 0.
ORDERED, — That the Chair report the Bill, as amended, to the House on division.
ORDERED, — That Bill C-61, as amended, be reprinted for the use of the House of Commons at report stage.
At 8:09 p.m., the committee adjourned to the call of the Chair.