Federal bill tabled to improve, protect water quality in First Nations

Long-awaited federal legislation that aims to improve water quality in Indigenous communities was tabled by the Liberal government Monday.

It is set to see greater collaboration between the federal government and communities themselves on water protection and a new First Nations-led commission codified.

The bill would apply a new framework for source water, drinking water, wastewater and related infrastructure on First Nations land.

Indigenous Services Minister Patty Hajdu says the presented legislation is the result of immense collaboration and knowledge-sharing.

This is a historic day.

We are tabling the First Nations Clean Water Act to create the tools First Nations need to ensure clean drinking water for generations to come. This is the result of historic consultation with First Nations partners. pic.twitter.com/BXZmieQ8gm

— Patty Hajdu (@PattyHajdu) December 12, 2023

“First Nations made it clear they must have the tools and powers to protect their inherent right to clean water,” she told reporters outside the House of Commons.

“And this bill today is the first on a new path of law-making together.”

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Alongside Hajdu was Assembly of First Nations Ontario regional chief Glen Hare, who stressed how important the bill is in keeping families together.

Hare said that teachers have often called the Children’s Aid Society, accusing parents who live in First Nations of neglect for not having access to clean water.

He asked all parties to support the legislation “because we want our kids (to be) clean just like everybody else. … Stop accusing our parents that we don’t take care of our loved ones.”

Previously, Hadju has said that this legislation was the closest the federal government had come to co-developing law with First Nations.

This claim, however, has been disputed by some chiefs, especially those in Alberta.

The minister was asked on Monday whether a list of those consulted would be released to the public.

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She responded saying that all First Nations were provided with the draft legislation, as well as a second draft that was adjusted based on consultations with communities.

Hajdu added that consultation will continue as the bill moves through the legislative process and she “looks forward” to hearing from all stakeholders.

Back in 2015, the Liberals committed to ending all boil-water advisories in First Nations communities by 2021. It is a deadline that has long passed, leading to criticism from First Nations.

Under the new legislation, drinking water quality and standards in these communities would be determined through a collaborative process with the federal government and First Nations.

These standards must, at the least, match federal, provincial or territorial guidelines currently in place.

The bill requires the federal government to commit to providing funding at a level that is “comparable” to that provided by other levels of government off-reserve.

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Should that funding not be provided, the legislation says First Nations can raise their cases to the courts.

“This bill would put that into law and make it a firm, forever commitment,” said Hajdu.

The First Nations-led water commission detailed in the bill would monitor water in communities, as well as helping them to obtain legal advice and make recommendations to federal, provincial and territorial governments.

It will additionally open the door to First Nations negotiating shared jurisdiction with provinces and territories to manage and preserve water sources under “water protection zones.”

“There’s an opportunity here for First Nations people to teach provinces and territories how better to work together to make sure that we can protect that source water for the generations to come,” Hajdu said.

When asked how the government could manage potential conflicting priorities from First Nations and other jurisdictions on how to best protect water, the minister hopes they can work together.

“The government will support those consultations and that collaboration, and I would expect that there’ll be vigorous participation by provinces and territories,” she said.

This report was created with files from The Canadian Press