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Bill 286, Inherent Right to Safe Drinking Water Act, 2021

Mamakwa, Sol

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Status

Debates

Acts affected

Original

Bill 286 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Safe Drinking Water Act, 2002 .

Currently,

one of the Act’s purposes is to recognize that the people of Ontario are

entitled to expect their drinking water to be safe. The Bill amends this

purpose to specify that Ontarians living and working on reserves have the same

entitlement.

The

Bill amends the Act to require the Minister of the Environment, Conservation

and Parks to submit to the Minister of Indigenous Services of Canada a

comprehensive set of recommended standards respecting the provision of safe

drinking water on reserves in Ontario. The Bill sets out consultation and other

requirements with respect to the recommended standards. The recommended

standards submitted to the federal Minister must be accompanied by a request

that the federal Minister recommend them to the Governor in Council as

regulations under the Safe Drinking Water for First

Nations Act (Canada) in respect of reserves in Ontario.

The

Minister is required to contact the Minister of Indigenous Services of Canada with

respect to the status of the recommended standards. The inquiries must continue

until the Minister is satisfied that regulations reflecting the recommended

standards have been made under the Safe Drinking Water for

First Nations Act (Canada) in respect of reserves in Ontario.

The

Minister is also required to include, in the annual drinking water report for

the province required under subsection 3 (4) of the Act, a

summary of the

Minister’s and the Government’s efforts in advocating for, and working with the

Bill 286 2021

Act to amend the Safe Drinking Water Act, 2002 to require specified actions

with respect to safe drinking water for Ontarians living and working on

reserves

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Paragraph 1 of

section 1 of the Safe Drinking Water Act,

2002 is amended by striking out “the people of Ontario are entitled” and

substituting “the people of Ontario, including Ontarians living and working on

reserves, are entitled”.

Subsection 2 (1) of the Act is amended by adding the following

definitions:

“Indian”

has the same meaning as in subsection 2 (1) of the Indian

Act (Canada); (“Indien”)

“reserve”

means a reserve as defined in subsection 2 (1) of the Indian

Act (Canada) or an Indian settlement located on Crown land, the Indian

inhabitants of which are treated by Indigenous and Northern Affairs Canada in

the same manner as Indians residing on a reserve; (“réserve”)

Subsection 3 (4) of the Act is amended by adding the following clause:

(a.1) a

summary of the Minister’s and the Government’s efforts in advocating for, and

reserves in Ontario;

The Act is amended by adding the following section:

Recommendations

re: safe drinking water on reserves

164.1

(1) Within

six months after the day the Inherent Right to Safe

Drinking Water Act, 2021 receives Royal Assent, the Minister shall, in

accordance with this section, prepare and submit to the Minister of Indigenous

Services of Canada a comprehensive set of recommended standards respecting the

provision of safe drinking water on reserves in Ontario.

Consultation

with rights holders

(2) In

preparing the recommended standards, the Minister shall consult community-based

First Nations rights holders.

Minimum

content

(3) The

recommended standards shall contain,

(

a) at

least the same levels of protection from drinking water health hazards as are

included in the drinking water quality standards in the regulations under this

Act respecting drinking water in areas of Ontario other than on reserves; and

(

b) any

other matters that may be prescribed.

Submission

(4) The

Minister shall submit the recommended standards to the Minister of Indigenous

Services of Canada along with a request that the Minister recommend them to the

Governor in Council as regulations under the Safe Drinking

Water for First Nations Act (Canada) in respect of reserves in Ontario.

Tabling

in Assembly

(5) The

Minister shall lay before the Assembly a copy of the recommended standards and a

copy of the request described in subsection (4) at the earliest reasonable

opportunity.

Periodic

inquiries

(6) The

Minister shall make reasonable efforts to contact the Minister of Indigenous

Services of Canada to inquire about the status of the recommended standards at

least once every six months until the Minister is satisfied that regulations reflecting

the recommended standards have been made under the Safe

Drinking Water for First Nations Act (Canada) in respect of reserves in

Ontario.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Inherent Right to Safe

Drinking Water Act, 2021 .

Date Bill stage Event Outcome Committee

May 10, 2021

Second Reading

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

May 10, 2021

Second Reading

Vote

Carried on division

May 6, 2021

Second Reading

Deferred vote

May 6, 2021

Second Reading

Debated

May 3, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

May 3, 2021

Committee

Second Reading

May 6, 2021

Mr. Sol Mamakwa, Ms. Andrea Khanjin, Ms. Suze Morrison, Mr. Mike Schreiner, Mr. Dave Smith, Ms. Sara Singh, Mr. Michael Mantha

Deferred vote.

May 10, 2021

Carried on recorded division. Referred to the Standing Committee on Regulations and Private Bills.

Committee

Standing Committee on Regulations and Private Bills

Third Reading

Royal Assent

Acts affected - Bill 286

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Safe Drinking Water Act, 2002

Legislative Assembly of Ontario

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