moved that Bill S-8, An Act respecting the safety of drinking water on First Nation lands, be read the second time and referred to a committee.

Mr. Speaker, today I am proud to speak in support Bill S-8, the safe drinking water for first nations act. This proposed legislation is an essential part of a larger collaborative strategy to ensure that residents of first nation communities can reliably access clean, safe drinking water, like all other Canadians.

Provinces and territories each have their own legally binding safe drinking water standards. These laws assign responsibility for the specific tasks and standards that protect the safety of drinking water, such as treatment and quality testing protocols. Under these laws, provincial, territorial and municipal authorities collaborate to ensure that residents have access to safe, clean and reliable drinking water. Regulations differ based on local circumstances, but the overall impact is the same, as regulations help establish a chain of accountability and quality control.

In contrast, there are currently no legally enforceable protections governing drinking water and waste water on first nation lands. With the exception of a small number of self-governing first nations that have established laws in this area, most residents of first nation communities do not benefit from the legal protections for safe drinking water that all Canadians expect and deserve.

Bill S-8 would directly address this gap by enabling the federal government to work with first nations on a region by region basis to create regulatory regimes to govern drinking water in first nation communities.

It is important to note that Bill S-8 is enabling legislation. Following passage of Bill S-8, the Government of Canada would work in close partnership with first nations and other stakeholders to develop federal regulations tailored to their unique regional circumstances.

The underlying principle of Bill S-8 is simple: all Canadians, regardless of where they live, should have access to safe drinking water. In other words, when it comes to drinking water, the law should offer the same level of protection to Canadians, whether they live on or off reserve.

I want to speak to the long and collaborative effort leading up to this bill, which our government initiated six years ago to correct this serious issue. In 2008 we introduced the first nation water and waste water action plan, which provided $330 million in water and waste water funding over two years for treatment facility construction and renovation, the operation and maintenance of facilities, and training of operators on reserve. We have since renewed this program twice, most recently in economic action plan 2012.

Between 2006 and 2014, our government will have invested approximately $3 billion in water and waste water infrastructure and related public health activities to support first nation communities in managing their water and waste water systems. Throughout the same time period, we have invested in over 130 major projects and funded maintenance and operating costs of over 1,200 water and waste water treatment projects. We also invest $10 million a year to support the training and certification of first nation water systems.

However, we do recognize that funding is not the only solution to ensuring safe drinking water and health and safety. That is why in 2009 we initiated a national assessment of first nations' water and waste water systems. This was the most rigorous, comprehensive and independent study of its kind ever conducted in Canada, surveying 97% of drinking water and waste water systems on first nation lands. Site visits to the 571 participating first nations began in September 2009 and concluded in November 2010. The assessment took more than 18 months and involved the inspection of approximately 4,000 drinking water and waste water systems. The results, released last year, provide a comprehensive summary of the situation, including the amount of investment required to address deficiencies and reduce risk. They provide Canada with an unprecedented reference tool that will inform future water and waste water initiatives. This is for priority setting, appropriately done.

One of the main problems identified by the assessment was the lack of crucial regulations pertaining to operations, maintenance and operator qualifications when it comes to drinking water on reserve. This is consistent with the message conveyed in 2011 in the report by the Auditor General, which identified the lack of a legislative framework for first nations drinking water as a major impediment to ensuring clean drinking water for first nation communities.

Over the course of the past six years, we have also heard from countless other organizations and from first nations members, as well as other key stakeholders, about their concerns related to safe drinking water on reserve.

In 2006, an independent panel, consisting of experts jointly appointed by our government and the Assembly of First Nations, travelled across Canada for a series of public meetings. It listened to more than 110 presentations and received and considered more than two dozen written submissions. The independent panel heard from a wide range of people, representatives of first nations, provincial, territorial and municipal authorities, as well as private sector organizations.

The panel's final report stands as a valuable contribution to the effort to improve drinking water quality in first nation communities. A key recommendation was the development of appropriate regulations.

The following year, the Senate standing committee held a separate series of hearings to investigate the matter. In May of 2007, it released a report that called similarly on the government to undertake a comprehensive consultation process with first nation communities and organizations to develop regulatory options.

Our government responded to these calls for action and at the beginning of 2009, after significant consultation with first nations technical experts and leaders across the country, we released a discussion paper that outlined a proposed solution that would allow for regional differences to be reflected in the development of future regulations to be developed in partnership with first nations following the passage of enabling legislation. This discussion paper served as the basis to develop the approach outlined in Bill S-8, namely legislation that provides for the establishment of regulations that reflect the diverse needs and realities of first nations across the country.

In early 2009, a series of 13 engagement sessions were held across Canada. During these sessions, representatives of first nations, provinces and territories discussed the proposed legislative framework and identified potential improvements. Our government also provided funding to first nation organizations so they could conduct regional impact analyses of the proposed legislative framework. To discuss specific regional issues, further meetings were held with first nation chiefs and organizations. The government maintained an open dialogue with first nations throughout this time, explaining the purpose of the legislation and responding to concerns.

After the 2011 federal election, government officials and representatives from my office met on a without prejudice basis with representatives of first nations to discuss issues of concern and to explore potential solutions, in particular with first nation organizations from Alberta and the Atlantic region.

I have personally met with chiefs at several key crossroads in the negotiations to maintain forward momentum. The direction given to ministerial and departmental staff involved in these discussions was based on establishing and maintaining a respectful and credible relationship.

The progress made during these sessions is reflected in the legislation now before us. The commitment and leadership demonstrated by first nation leaders to improve the legislation should be commended.

There are several key differences between Bill S-8 and its predecessor. First and foremost, Bill S-8 includes a non-derogation clause, developed in collaboration with the Alberta Assembly of Treaty Chiefs, that specifically addresses the relationship between the legislation and aboriginal and treaty rights under section 35 of the Constitution Act, 1982.

A preamble has also been added to describe this government's intention to develop regulations working with first nations. The proposed legislation also features new language to clarify several key points. In particular, the legislation would not automatically apply to first nations that are signatories to self-government agreements; regulations would not include the power to allocate water supplies or license users of water for any purpose other than for accessing drinking water; regulations on source water protection on first nation lands would be restricted so as to protect it from contamination; only the powers necessary to effectively regulate drinking water and waste water systems would be conferred on any person or body; and first nations would not be held liable for systems owned by third parties that are on first nations lands.

Bill S-8 was first introduced in the Senate in February of 2012, where it was subject to further scrutiny and review by the Standing Senate Committee on Aboriginal Peoples. During my testimony to the committee, I reiterated our government's intention to collaborate with first nations on the development of regulatory regimes.

As I described to committee members, we will work with first nations to ensure that the proposed regulatory regime will be rolled out in a phased approach over several years. Our government will work with first nations to develop regulations that would establish standards comparable to those that safeguard drinking water elsewhere in Canada. These regulations would come into force once communities have the capacity to adhere to them.

I also expressed the same commitment in a letter I sent to every first nation in Canada that would be subject to the legislation. A similar letter was sent to the chair of the Standing Senate Committee on Aboriginal Peoples. This government's intentions are clear. We want to ensure all Canadians have access to safe drinking water. This is a matter of health and safety.

Clearly, the passage of Bill S-8 would extend the collaborative effort that was launched more than six years ago. This effort has inspired steady progress on drinking water issues. It has followed a strategic step-by-step approach that has addressed all of the main factors that conspire to undermine access to safe drinking water in many first nation communities.

Training and certification programs have increased the number of qualified operators. Protocols and procedure manuals have been published and disseminated. Investments in infrastructure have upgraded dozens of treatment facilities. Plans are in place to strategically address the specific needs of other facilities.

Bill S-8 also serves as a clear demonstration of our government's commitment to strengthening the relationship between Canada and first nations through working in partnership to address issues of mutual concern. It proposes a process that would see first nations and government officials work together to design and implement appropriate regulations. Some first nations have already expressed their eagerness to work with the government to develop these regulations.

Back in November of 2011, the Liberal member for Toronto Centre put forward a motion calling on the government to improve first nations access to safe drinking water.

The House fully endorsed this motion. I hope that now my hon. colleagues opposite will honour their noble commitment to improving access to safe drinking water and back this very important legislation, which would go far beyond the words of that motion. On this side of the House, we are interested in more than passing motions. We are interested in concrete action. I hope the opposition will stand with the government as we move forward to take concrete action for first nation peoples.

Thousands of Canadians currently lack the legislative protection needed to safeguard the quality of their drinking water. Bill S-8 would not only ensure that this gap is closed but that it is done in close partnership with our first nations partners. I urge my hon. colleagues to endorse Bill S-8.

John Duncan

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