Canada has long promised to address the third world water conditions in many First Nations. For more than a decade it has been criticized internationally for its lack of action to address Indigenous concerns. First Nations rejected the Safe Drinking Water for First Nations Act as being wholly inadequate and limited in scope. The Safe Drinking Water for First Nations Act was repealed on June 23, 2022 – nearly 10 years later. 

The new First Nations drinking water and wastewater legislation includes:

• $1.5 billion in compensation for individuals deprived of clean drinking water
• The creation of a $400 million First Nation Economic and Cultural Restoration Fund
• A renewed commitment to Canada’s Action Plan for the lifting of all long-term drinking water advisories
• The creation of a First Nations Advisory Committee on Safe Drinking Water
• Support for First Nations to develop their own safe drinking water by-laws and initiatives
• A commitment of at least $6 billion to support reliable access to safe drinking water on reserve
• Modernization of Canada’s First Nations drinking water legislation

For more information please visit the Parliament of Canada’s page.

There following critical issues have been identified by the Chiefs Steering Committee:

• No direct and meaningful engagement
  • Canada’s failure to ensure free and prior consent on the development of this legislation
  • This is not co-development as Canada is calling it, the Assembly of First Nations (AFN) does not represent the First Nations in the Alberta region
• No recognition of inherent rights & Treaty rights to water
• No specific commitment to remedy gaps in services
  • Lack of commitment to planning and a fulsome and funded implementation strategy
  • Concerns over regulations
• No guaranteed protection of water off-Reserve (“Protection Zones”)
  • Proposed legislation does not address Nation inherent connections to source water and natural resources
• Concerns over the First Nations Water Commission
• Failure to include traditional teachings and values in the governance and stewardship of water and other cultural connections to water
• Lack of accurate data and data ownership

The CSC has taken the lead on exploring the legal and political impacts of the water legislation and wastewater initiative in the Alberta Region. They are carrying out the following work:

• Providing critical information to First Nations leadership and their communities in Treaty’s 6, 7 and 8 in the Alberta region
• Advocating on behalf of Treaty’s 6, 7 and 8 in the Alberta Region to protect First Nations Treaty and inherent rights on water and all related infrastructure
• Ensuring inclusive communications and engagement with Treaty’s 6, 7 and 8 First Nations leadership and communities across the Alberta region; as well as with Canada and Canadians

Prorogue means a suspension of parliament that will stop all proceedings, including debates and votes, without dissolving parliament. For any Bill in progress, such as Bill C-61 (which has not yet been passed) will be halted, referred to as “dying on the Order Paper”. The Bill is removed from the legislative agenda and cannot proceed further unless reintroduced in a future session.

Canada has passed the Department of Indigenous Services Act 2019 (Services Act) which implements the transfer of departmental responsibilities to First Nations and/or Indigenous organizations. However, little details have been shared on the support and funding that will be provided for the Services Act and everything that is included in the process.

The current transfer of services includes:

• Water and Wastewater Facilities & Infrastructure
• Education Facilities
• Housing
• Solid Waste Management
• Road & Bridge Construction
• Energy System Development
• Connectivity
• Cultural & Recreational Facility Development
• Fire Protection
• Planning & Skills Development Associated with Infrastructure Management

The Indigenous Services Act 2019 was legislated without free prior and informed consent and will have generational impacts. The Chiefs Steering Committee have been engaging with First Nations leaders and communities since October 2022 to provide greater understanding and awareness of the potential impacts, as well as learn from First Nations their concerns and needs.

Potential risks and impacts to First Nations include:

• Lack of capacity to meet the needs of communities, putting Members’ health and wellbeing in danger
• Unknown and increasing costs to Nations at the time of transfer and into the future
• Liability to Nations and risks associated with failure to meet regulatory requirements

To read the full report from the Chiefs Steering Committee click here.

The current timelines from Canada were to begin Phase II of the transfer in Spring 2023, and to have the engagement process and new service delivery models identified by Spring 2025. The dates that the Indigenous Services Act 2019 will be implemented and completed have not yet been confirmed by Canada.

For more information about the strategy and timelines related to Indigenous communities having sustainable land management and infrastructure, visit the Indigenous Services Canada: 2024-25 Departmental Plan.

We encourage everyone to get involved to support our efforts to challenge the new First Nations drinking water and wastewater legislation. Here’s how you can help:

Connect with your leadership – ask if they know about these Acts and what work is happening in your community – whether you are First Nations or not, you are impacted by these legislations, and we must all work together and look to our leadership to guide us, fight for our communities and resources, and do what is right.

Attend community meetings and events – Watch for information about upcoming meetings and events on our website and social media channels. You will have the opportunity to voice concerns, share ideas, and get updates on our efforts.

Stay informed – Keep up to date about the details of the legislation, its potential impacts to our communities, and our efforts.