Drinking water and wastewater legislation (2024)

Learn why legislation is needed in First Nations communities and how new proposed water legislation is being advanced.

New proposed legislation update

On December 11, 2023, Bill C-61 - An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands was introduced in Parliament: Together with First Nations leadership, Minister Patty Hajdu introduces a Bill to support clean drinking water in First Nations communities.

Bill C-61 is available on the Parliament of Canada website.

Why legislation is needed

Everyone in Canada should have access to safe and clean drinking water. First Nations have long called for safe drinking water legislation to meet First Nations' needs and priorities. Currently, First Nations communities do not have legally enforceable safe drinking water protections similar to what is in place in provinces and territories.

In First Nations communities, effective legislation and a national regulatory regime are essential to support:

sustainable access to clean, safe and reliable drinking water
effective treatment of wastewater

Repeal of the 2013 Safe Drinking Water for First Nations Act

In 2013, the Safe Drinking Water for First Nations Act was created to enable the development of federal regulations to support First Nations' access to clean, reliable drinking water and effective treatment of wastewater. However, First Nations shared several concerns with the 2013 Act, including:

lack of adequate, predictable and sustainable funding
lack of recognition of Aboriginal rights
potential infringement of Aboriginal and treaty rights
lack of protection of source water
insufficient engagement on issues that directly affect First Nations

In response to these concerns, and aligned with the 2021 Safe Drinking Water for First Nations Class Action Settlement Agreement, Canada formally repealed the 2013 Safe Drinking Water for First Nations Act on June 23, 2022.

The Safe Drinking Water for First Nations Class Action Settlement Agreement provides an opportunity for meaningful change aimed at:

addressing and preventing First Nations water infrastructure gaps
building a sustainable foundation for future generations

How new legislation is being developed

As part of Canada's commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), new proposed drinking water and wastewater legislation is being advanced through engagement that puts First Nation voices at the forefront.

Since 2018, Canada has been working directly with First Nation rights-holders, including Modern Treaty and Self-Governing First Nations, through their own representative institutions and First Nation organizations, including the Assembly of First Nations (AFN) and the First Nations Advisory Committee on Safe Drinking Water, on legislative priorities.

Through these conversations, key concerns were identified including:

recognition of rights
sustainable funding for drinking water and wastewater services
source water protection
the need for ongoing engagement on water issues that affect First Nations

Indigenous Services Canada is committed to continuing to work with First Nation partners to:

advance new proposed water and wastewater legislation that reflects the needs and priorities of First Nations communities
expedite timelines to address commitments made through the Safe Drinking Water for First Nations Class Action Settlement Agreement

Since summer 2022, Canada has enhanced engagement with provinces and territories on the multi-jurisdictional issue of source water protection, a key priority identified by First Nations.

What the legislation includes

The new proposed legislation would aim to address key concerns expressed by First Nations about the repealed 2013 Safe Drinking Water for First Nations Act by:

recognizing and affirming the existing inherent right of First Nations to self-government, including jurisdiction in relation to water, source water, drinking water, wastewater and related infrastructure on First Nation lands
strengthening funding commitments through best efforts to provide adequate and sustainable funding for water services on First Nation lands comparable to services received in non-First Nations communities;
establishing minimum national standards for the delivery of drinking water and wastewater services on First Nation lands, based on First Nation choice
facilitating transboundary source water protection agreements
providing pathways for ongoing engagement, including through consultation and cooperation on federal regulations

Through the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan, Canada is committed to continuing efforts to:

advancing water and wastewater service transfer to First Nations communities
supporting self-determined service delivery models in First Nations communities
providing pathways to protect source water and legally enforceable safe drinking water protections on First Nation lands similar to those in place in provinces and territories

Engagement with First Nations

Since 2018, Canada has been engaging First Nation rights-holders and First Nation organizations on legislative reform related to safe drinking water. Two consultation drafts of a legislative proposal were shared with all First Nations communities and posted online to support broad public review. Since summer 2022, hundreds of engagement sessions have taken place virtually or in-person, with groups of First Nations or individual First Nations, based on partner preferences.

Engagement with provinces and territories

In summer 2022, Canada enhanced engagement with all provinces and territories on the multi-jurisdictional issue of source water protection to inform the development of proposed legislation. Provinces and territories expressed mutual interest in safe and clean water, while emphasizing the need for continued respect for provincial and territorial jurisdictions.

Engagement is an ongoing process. For more information, First Nations, First Nation organizations, and provincial and territorial representatives are encouraged to contact Indigenous Services Canada at proprepnh2o-cleanfnh2o@sac-isc.gc.ca.

Timeline of key events

June 2024

June 5, 2024: Second reading of Bill C-61 was completed in the House of Commons. The Bill was referred to the Standing Committee on Indigenous and Northern Affairs in the House of Commons for study.

February 2024

February 5, 2024: Second reading debate of Bill C-61 began in the House of Commons

December 2023

December 11, 2023: Bill C-61 - An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands was introduced in Parliament

December 14, 2023: The Minister of Indigenous Services sent a letter to all First Nation rights-holders and First Nation organizations sharing the introduction of Bill C-61 and encouraging ongoing engagement through the Parliamentary process

August 2023

August 4, 2023: Canada published the updated consultation draft of a legislative proposal on Indigenous Services Canada's website to support broad consideration before it was introduced in Parliament

August 18, 2023: Canada shared the updated consultation draft with provinces and territories for comments and feedback by September 8, 2023

July 2023

July 21, 2023: Canada shared an updated consultation draft of a legislative proposal with First Nation rights-holders and organizations for further feedback by September 8, 2023

March 2023

March 1, 2023: Canada published the initial consultation draft of a legislative proposal on Indigenous Services Canada's website to support ongoing engagement on new proposed water legislation

March 2, 2023: Canada shared the consultation draft with provinces and territories to support review

March 17, 2023: In response to feedback from First Nations, Canada extended the engagement period on the initial consultation draft by an additional 35 days to April 23, 2023

February 2023

February 6, 2023: Federal, provincial and territorial Ministers and leaders of national Indigenous organizations met to further explore approaches to advance source water protection and shared water interests

February 17, 2023: Canada shared an initial consultation draft of a legislative proposal with First Nation rights-holders and First Nation organizations for a 30-day review period

February 20, 2023, to April 21, 2023: Canada made additional efforts to encourage First Nations' engagement on new proposed water legislation by sending reminder emails to all First Nations and hosting daily virtual drop-in sessions

December 2022

December 7, 2022: An emergency resolution titled, "Re-Commitment to Co-Development of Replacement Legislation for Safe Drinking Water for First Nations" was passed by First Nation Chiefs at the AFN Special Chiefs Assembly. The resolution directed the AFN to call on Canada to halt its current legislation development and recommit to meaningful co-development of new proposed legislation

October 2022

October 31, 2022: Canada sent a letter to all First Nations communities sharing upcoming co-development activities, including co-development on new proposed water legislation and inviting First Nation involvement in the co-development process

Summer 2022

Canada continued to work with the AFN to inform the advancement of new proposed First Nations drinking water and wastewater legislation.

Canada increased engagement and information sharing with First Nation rights-holders and First Nation organizations to support the development of new proposed First Nations drinking water and wastewater legislation.

June 2022

June 23, 2022: The official repeal of the 2013 Safe Drinking Water for First Nations Act through the Budget Implementation Act, 2022, No. 1 received Royal Assent on June 23, 2022.

March 2022

Canada engaged key Indigenous groups and organizations on the proposed repeal of the 2013 Safe Drinking Water for First Nations Act through 2 virtual engagement sessions that took place on March 23, 2022, and March 29, 2022. All participants supported the proposed repeal.

2021

December 22, 2021: The Safe Drinking Water for First Nations Class Action Settlement Agreement was approved by the Federal Court and the Manitoba Court of Queen's Bench (now the Manitoba Court of King's Bench). Through the settlement agreement, Canada committed to making all reasonable efforts to:

introduce proposed repeal of the 2013 Safe Drinking Water for First Nations Act by March 31, 2022
develop and introduce new proposed legislation, in consultation with First Nations, by December 31, 2022

November 2019

Legal action was initiated against Canada in a proposed class action on behalf of all members of First Nations and members resident on reserves that had a drinking water advisory for at least one year since 1995.

2018

The AFN, with support from Canada, began to engage with First Nations on the review and replacement of the 2013 Safe Drinking Water for First Nations Act.

2017-2018

The AFN passed a number of resolutions related to safe drinking water and the 2013 Safe Drinking Water for First Nations Act.

Canada hosted engagement sessions with First Nations to support review of the 2013 Safe Drinking Water for First Nations Act.

2015

Engagement on the development of proposed regulations stopped as First Nations called for the repeal and replacement of the 2013 Safe Drinking Water for First Nations Act.

2013

The Safe Drinking Water for First Nations Act came into effect to allow Canada to develop federal regulations to ensure access to safe, clean and reliable drinking water and the effective treatment of wastewater on First Nation lands.