Appearance before the Standing Committee on Indigenous and Northern Affairs (INAN) - Bill C-61, First Nations Clean Water Act, October 10, 2024

Table of contents

1. Scenario Note

Committee: Standing Committee on Indigenous and Northern Affairs

Date: Thursday, October 10, 2024 at 8:15 a.m.

Location: Room 415, Wellington Building, 197 Sparks Street, House of Commons

Witnesses:

(9:15 a.m. – 10:15 a.m.):

  • The Hon. Patty Hajdu, Minister of Indigenous Services

Department officials:

(9:15 a.m. – 10:15 a.m.):

  • Gina Wilson, Deputy Minister, Indigenous Services Canada
  • Paula Hadden-Jokiel, Assistant Deputy Minister, Regional Operations Sector, Indigenous Services Canada
  • Nelson Barbosa, Director General, Community Infrastructure Branch, Indigenous Services Canada
  • Douglas Fairbairn, Senior Counsel, Operations and Programs Section (LSU), CIRNAC/ISC Legal Services, Deputy Minister's Office, Crown-Indigenous Relations and Northern Affairs

Committee Members (12):

  • Patrick Weiler (Lib – Chair)
  • Brendan Hanley (Lib)
  • Michael V. McLeod (Lib)
  • Jaime Battiste (Lib)
  • Anna Gainey (Lib)
  • Ben Carr (Lib)
  • Eric Melillo (CPC)
  • Bob Zimmer (CPC)
  • Martin Shields (CPC)
  • Jamie Schmale (CPC - Vice-Chair)
  • Sébastien Lemire (BQ - Vice-Chair)
  • Lori Idlout (NDP)

Planned Agenda:

  • The Minister will attend in-person.
  • The Minister, supported by departmental officials, will appear from 9:15 a.m. – 10:15 a.m. on Thursday, October 10, 2024. She will provide opening remarks of five minutes and then respond to questions.
  • There a panel of witnesses who will appear from 8:15-9:15am:
    • Assembly of First Nations
      • National Chief Cindy Woodhouse Nepinak
      • Christopher Rapson, Legal Counsel
    • Assembly of Manitoba Chiefs
      • Chief Betsy Kennedy, Acting Grand Chief (by videoconference)
    • Cold Lake First Nations
      • Chief Kelsey Jacko
    • Kehewin Cree Nation
      • Chief Trevor John

Meeting Logistics:

  • The Minister and departmental officials will be invited to sit at the table by the Chair or Clerk of the Committee.
  • Quorum to hear testimony requires at least three members, including one member of the opposition and one member of the government.
  • The Committee Chair will open the meeting and provide instructions for the meeting proceedings. The Chair will then introduce all witnesses and invite the Minister to deliver remarks. This will be followed by a question and answer session. At the end of the first hour, the Chair will suspend the meeting momentarily to allow the Minister to depart. The meeting will then resume with a Q&A session with officials only for a second hour.
  • Time limits for questions (including response) and order of rotation is as follows:
    • First round (6 minutes for each Party)
      • CPC
      • Lib
      • BQ
      • NDP
    • Second and subsequent rounds
      • CPC (5 minutes)
      • Lib (5 minutes)
      • BQ (2.5 minutes)
      • NDP (2.5 minutes)
      • CPC (5 minutes)
      • Lib (5 minutes)
  • While this is the standard time allocation for each Party, the committee is the master of its own proceedings and can adopt rules specifying the length of time members have to pose questions to witnesses and the order in which this occurs.
  • If the appropriate documentation is provided to the Clerk, associate members may substitute as members of the committee; ask questions of the witnesses, move motions and vote.
  • The meeting concludes at 10:15 a.m. or at the call of the Chair.

Context:

Bill was introduced on Dec 11, 2023. Second reading debate completed June 5 and the Bill referred to committee. INAN study began with ISC officials on June 12, and witnesses appeared on June 17, 19, September 16, 19, 23, 26, and October 3 & 7. Clause-by-Clause consideration expected October 31.

2. Opening Remarks

Opening Remarks for the Honourable Patty Hajdu, Minister of Indigenous Services, INAN Committee Appearance - Bill C-61, First Nations Clean Water Act, October 10, 2024

919 words / 7 minutes – 7 mins strict time limit
Check on delivery

Kwe kwe, Ullukkut [Ood-loo-koot], Tansi, hello, bonjour.

Mr. Chair, I acknowledge that Canada's Parliament is located on the traditional unceded territory of the Algonquin Anishinaabe people.

Bill C-61 Objectives

On World Water Day in March, Grand Chief Stewart Phillip, President of the Union of British Columbia Indian Chiefs, shared: "Water is the lifeblood of Mother Earth. It's everything to us. Water is sacred, and it's a symbol of our sovereignty."

It's unacceptable that some First Nations communities don't have safe and clean drinking water. Bill C-61 can change that for generations to come.

Bill C-61 would establish minimum standards for water services on First Nation lands, based on First Nation choice. It would so affirm the inherent right of First Nations to self-government with respect to water, supporting First Nations' authority, management, maintenance and protection of their water.

Recognition of Rights

Aligned with the UN Declaration on the Rights of Indigenous Peoples, Bill C-61 was developed through extensive engagement, with First Nation. All decisions made under the proposed Act would be guided by the principle of free, prior, and informed consent. Bill C-61 would also affirm the inherent right to self-government, including jurisdiction over water, source water, drinking water, wastewater and related infrastructure in, on and under First Nation lands.

Engagement

Since 2018, the Government of Canada has been directly engaging with First Nation rights-holders, including Modern Treaty and Self-Governing First Nations, through their own representative organizations, on legislative reform related to safe drinking water. We are working together to address First Nation priorities and meet their water needs.

In 2018, we held engagement sessions and reviewed the 2013 Safe Drinking Water for First Nations Act with First Nations and First Nation organizations.

At the same time, the AFN led a review of the 2013 Act and put out formal resolutions calling for its repeal and replacement.

First Nations shared several concerns with the 2013 Act:

  • lack of adequate, predictable and sustainable funding;
  • lack of recognition of Aboriginal water rights;
  • potential infringement of Aboriginal and treaty rights;
  • lack of protection of source water; and,
  • insufficient engagement.

In 2022, we held virtual engagement sessions with key First Nations and First Nation groups about a proposal to repeal the 2013 Act.

Participants were unanimous to repeal it. Many shared what they wanted to see in the replacement legislation:

  • provision of safe drinking water and effective treatment of wastewater;
  • recognition of rights;
  • sustainable funding; and
  • ongoing engagement.

Since summer 2022, hundreds of engagement sessions have taken place.

In October 2022, my department sent a letter to all First Nations communities, sharing information on co-development opportunities and inviting First Nations to be involved in the process.

In early 2023, a draft of the legislative proposal was shared with all First Nation rights-holders and organizations for review.

Based on feedback from partners, we extended the engagement on the draft an additional 35 days. We sent reminder emails and hosted daily virtual drop-in sessions.

Concurrently, we ramped up engagement with provinces and territories on source water protection, since water flows across borders.

In July 2023, once feedback was provided by First Nation partners, we shared an updated draft for review.

These consultation drafts were posted online, to reach as many people as possible, and to support ongoing engagement.

The day Bill C-61 was introduced, Chief Erica Beaudin of Cowessess First Nation said, "I believe today is historic; not only because the Bill has been introduced, but because it is the start of that day where our children will be born with the regulations that are needed."

Bill C-61 is a reflection of the direct engagement, extensive collaboration and knowledge-sharing with First Nation partners.

Throughout this engagement, we have prioritized and put First Nation voices at the forefront, where they belong.

Reliable Access and Adequate Funding

Bill C-61 would require Indigenous Services Canada to make 'best efforts', in consultation and cooperation with First Nations, to ensure reliable access to clean and safe drinking water for all people on First Nation lands. The Bill would also require the Government of Canada to make the same 'best efforts' in providing adequate and sustainable funding for water services on First Nation lands.

Our goal of sustainable access to clean and safe drinking water in First Nations communities does not end with this Bill.

For example, since 2016 and as of June 30, 2024, ISC has invested $4.35 billion to support 1,358 water and wastewater projects that will benefit 591 communities serving approximately 476,000 people.

This includes money spent on infrastructure repairs and upgrades and new construction projects related to long-term drinking water advisories.

Conclusion

We are listening and acknowledge that, while there are different perspectives among First Nations on a path forward, a number of partners have emphasized that the status quo is not acceptable and we need to move forward. Chief Emerita Emily Whetung-MacInnes asked us: "Please do not politicize First Nations access to one of the basic necessities of life. This is a matter that is too important to get caught up in party politics. The legislation that you're considering relates to a subsection of Canadians whose human rights have been ignored for too long."

I agree - safe and clean drinking water is essential to life. Bill C-61 would help ensure that future generations will never know what it's like to live without reliable and safe drinking water.

It's been an honour to work with the First Nations that Bill C-61 is meant to serve.

Meegwetch. Qujannamiik [Koo-ya-na-meek]. Marsee. Thank you. Merci.

3. Bill C-61

Bill C-61 - An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands

4. Clause-by-Clause Analysis

Long Title

The full title of the Act would be: An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands.

Summary

The summary provides an overview of what the proposed Act would cover.

Preamble

Preamble clauses provide background information to support understanding of the Bill. Preamble clauses are not legally binding.

Short Title – Clause 1

Clause 1

The short title of the proposed Act would be: First Nations Clean Water Act.

Definitions – Clause 2

Clause 2

This clause would provide an introduction for the definitions that would apply in the proposed Act.

Some of the key definitions of the proposed Act would be the following:

  • "First Nation governing body" - This definition would provide for the entities authorized to act on behalf or for the benefit of First Nation rights-holders.
  • "First Nation lands" - This definition would provide that section 91(24) of the Constitution Act, 1867 determines which lands are considered First Nation lands, including the source water on, in or under those lands. The definition excludes Aboriginal title lands.
  • "First Nation law" - This definition would explain that a law made by a First Nation to exercise jurisdiction as described in the proposed Act would be a First Nation law.
  • "Minister" - This definition would specify that "Minister" would refer to the Minister of Indigenous Services.
  • "protection zone" – This definition would specify that a "protection zone" would be defined in regulations.
  • "Settlement Agreement" – This definition would specify that "Settlement Agreement" would refer to the Settlement Agreement entered into by Her Majesty the Queen in Right of Canada on September 15, 2021 in respect of the class action relating to long-term drinking water advisories in impacted First Nations across Canada.
  • "water services" - This definition would explain that the term "water services" is used to collectively describe the services, systems, and infrastructure for the private or public collection, storage, treatment and distribution of water intended for drinking or for sanitation or hygiene purposes, and the collection, treatment and disposal of wastewater.

Rights – Clause 3

Clause 3

This clause would ensure that the proposed Act would be interpreted as upholding the rights of Indigenous Peoples and that the proposed Act would not be interpreted as eliminating or reducing the rights of Indigenous Peoples.

Purpose – Clause 4

Clause 4

This clause would provide six purposes of the proposed Act, which would be to:

  • ensure First Nations have reliable access to safe drinking water and effective wastewater services;
  • affirm the inherent right of First Nations to self-government, including jurisdiction over water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands;
  • ensure that laws made in relation to water services on First Nation lands are consistent with section 35 of the Constitution Act, 1982 and the United Declaration on the Rights of Indigenous Peoples;
  • establish principles for decision-making, and establish minimum national standards and a federal regulatory regime for water services on First Nation lands;
  • facilitate the closing of the infrastructure, socio-economic, governance, health and well-being gaps in relation to water services between First Nations and non-Indigenous communities; and
  • facilitate collaboration between First Nations and federal, provincial, territorial and municipal governments on transboundary source water protection planning and the entering into of agreements to protect source water.

The purpose clauses would guide interpretation of the proposed Act.

Principles – Clause 5

Clause 5

Sub-clause 5(1)

This clause would provide that the making of decisions under the proposed Act would be guided by the principle that First Nations are to have reliable access to water services on First Nation lands as reflected in the following concepts:

  • reliable access to safe drinking water and effective treatment and disposal of wastewater are fundamental to public health and the environment;
  • effective management and monitoring of all stages of service delivery is necessary to ensuring access to safe drinking water;
  • effective management and monitoring of services includes a multi-barrier approach, planning and risk assessment, training and certification of operators, and sustainability of services;
  • transparency and accountability; and
  • sharing and access to information and data relating to water services.
Sub-clause 5(2)

This clause would provide that the making of decisions under the proposed Act would be guided by the principle of substantive equality as reflected in the following concepts:

  • the distinct needs of First Nations for access to water services must be addressed in a way that respects their rights, and access to water services must be comparable to services in non-Indigenous communities;
  • First Nation must have control over their water services; and
  • First Nations may deliver water services through models designed by them.
Sub-clause 5(3)

This clause would provide that the making of decisions under the proposed Act would be guided by the principle of free, prior and informed consent referred to in the United Nations Declaration on the Rights of Indigenous Peoples.

Jurisdiction – Clause 6 to 10

Clause 6

Sub-clause 6(1)

This clause would affirm that the inherent right of self-government, as recognized and affirmed by section 35 of the Constitution Act, 1982, includes jurisdiction in relation to:

  • water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands; and
  • water and source water in a protection zone that is adjacent to First Nation lands, if a governing body of the First Nation, the Government of Canada and the government of the province or territory in which the First Nation lands are located have agreed on an approach to coordinate the application of laws.
Sub-clause 6(2)

This clause provides that the scope of jurisdiction includes:

  • legislative authority, the power to administer and enforce First Nation laws and to include dispute resolution mechanisms in those laws; and
  • the ongoing development of First Nation laws based on the distinct traditions, customs and practices of First Nations.

Clause 7

This clause would provide that the Canadian Charter of Rights and Freedoms applies to a First Nation governing body when exercising jurisdiction.

Clause 8

This clause would provide that the provisions of the Fisheries Act, the Canadian Navigable Waters Act, the Migratory Birds Convention Act, 1994, the Canada Marine Act, the Canadian Environmental Protection Act, 1999, the Canada Shipping Act, 2001 and the Species at Risk Act and of regulations made under those Acts prevail, to the extent of any conflict or inconsistency, over the provisions of a First Nation law.

Clause 9

To ensure that everyone is aware of a First Nations law, this clause would require a First Nation governing body that makes a law to publish it as soon as feasible on its own website (if any) and in the First Nations Gazette.

Clause 10

This clause would provide that any jurisdiction referred to in section 6 may be delegated by a First Nation governing body, in whole or in part, to a provincial or territorial government or to certain entities, if the government or entity consents to the delegation.

Conflicts – Clause 11 to 13

Clause 11

This clause would provide that if there is a conflict or inconsistency between a provision of a First Nation law and a provision of a federal law, the provision of the First Nation law would prevail to the extent of the conflict or inconsistency. The clause would also provide and confirm the following exceptions to this rule of paramountcy:

  • Sections 5, 7 to 9 and 14 to 16 of the proposed Act with respect to:
    • "Principles — Reliable access to water services";
    • "Principles — Substantive equality";
    • "Principles —Free, prior and informed consent";
    • "Standards — Drinking water quality";
    • "Standards —Water quantity";
    • "Standards — Wastewater";
    • The Canadian Charter of Rights and Freedoms;
    • The provisions of the Fisheries Act, the Canadian Navigable Waters Act, the Migratory Birds Convention Act, 1994, the Canada Marine Act, the Canadian Environmental Protection Act, 1999, the Canada Shipping Act, 2001 and the Species at Risk Act.
    • "Publication"; and
    • The provisions of the Access to Information Act, the Canadian Human Rights Act and the Privacy Act.

Clause 12

Sub-clause 12(1)

This clause would provide that if there is a conflict or inconsistency between a provision of a modern treaty or self-government agreement within the meaning of section 35 of the Constitution Act, 1982 and the proposed Act, the provision of the modern treaty or self-government agreement would prevail to the extent of the conflict or inconsistency.

Sub-clause 12(2)

This clause would provide that for greater certainty, modern treaties and self-government agreements may be amended to resolve any inconsistency or conflict with the proposed Act.

Clause 13

This clause would provide that if there is a conflict or inconsistency between a provision of a regulation made under the proposed Act and a provision of a by-law made under the Indian Act, the provision of a regulation made under the proposed Act would prevail to the extent of the conflict or inconsistency unless otherwise provided in regulations under the proposed Act.

Standards – Clause 14 to 18

Clause 14

This clause would provide that the quality of drinking water on First Nation lands must at least meet the Guidelines for Canadian Drinking Water Quality or the drinking water standards in the province or territory where the First Nation is located, based on the choice of the First Nation governing body.

Clause 15

This clause would provide that the quantity of water on First Nation lands must meet the drinking, cooking, sanitation, hygiene, safety, fire protection and emergency management needs of the First Nation, based on its current and projected water usage needs.

Clause 16

This clause would provide that wastewater effluent on First Nation lands must at least meet the standards set out in the Wastewater Systems Effluent Regulations or the standards in the province or territory where the First Nation is located, based on the choice of the First Nation governing body.

Clause 17

This clause would clarify that sections 14 to 16 apply to both public and private water systems on First Nation lands.

Clause 18

Sub-clause 18(1)

This clause would provide that if a First Nation governing body does not make a choice as to which standards apply to that First Nations' lands, the Minister, in consultation and cooperation with the First Nation, must determine which standards are the highest and those standards will apply.

Sub-clause 18(2)

This clause would provide that the Minister must make best efforts to begin the consultations and cooperation required by subsection (1) no later than 90 days after this section comes into force.

Regulations – Clause 19 to 22

Clause 19

Sub-clause 19(1)

This clause would provide that the Governor in Council may, on the Minister's recommendation, make regulations respecting water services on First Nation lands, including:

  • the management of water services, including asset management plans;
  • the protection of source water, including source water protection plans and the maintenance and cleanup of source water;
  • the consultation process in respect of funding allocation decisions made under subsection 27(1);
  • the training and certification of water services operators;
  • occupational health and safety;
  • the monitoring, assessment, inspection and review of water services;
  • emergency planning and response and recovery following emergencies;
  • permits, licences and other authorizations, including their issuance, suspension and revocation;
  • the disclosure, public or otherwise, of information;
  • the administration and enforcement of any regulations made under this subsection, including the designation of officials for the administration and enforcement of those regulations and the creation of summary and indictable offences and imposition of penalties;
  • the insurance required to be maintained in respect of water services and water services operators; and
  • minimum standards in respect of water services, including the quality and the quantity of drinking water and the treatment and disposal of wastewater.
Sub-clause 19(2)

This clause would provide that a First Nation law could exclude the application of regulations made under subsection (1).

Sub-clause 19(3)

This clause would provide that regulations made under the proposed Act could include different minimum standards for different locations to address local circumstances.

Clause 20

Sub-clause 20(1)

This clause would require the Minister to consult and cooperate with First Nation governing bodies prior to making recommendations on the making of regulations respecting water services on First Nation lands.

Sub-clause 20(2)

This clause would require the Minister to make best efforts to begin consultation and cooperation with First Nation governing bodies on regulatory development under subsection (1) within six months of coming into force of section 20.

Clause 21

Sub-clause 21(1)

This clause would require the Minister to make regulations defining a "protection zone" adjacent to First Nation lands for the purposes of the Act.

Sub-clause 21(2)

This clause would require the Minister consult and cooperate with First Nation governing bodies, federal ministers and governments of the provinces and territories before making regulations defining a "protection zone".

Clause 22

Sub-clause 22(1)

This clause would provide that the Minister, upon request from a First Nation governing body, may make regulations respecting the administration and enforcement of First Nation laws applicable to a protection zone, including the designation of officials for the administration and enforcement of those laws and the creation of summary and indictable offences and the imposition of penalties.

Sub-clause 22(2)

This clause would provide that the Minister must consult and cooperate with a First Nation governing body and with the government of the province or territory in which the protection zone is located prior to making regulations under subsection (1).

Agreements – Clause 23 to 25

Clause 23

Sub-clause 23(1)

This clause would provide that, on request of a First Nation governing body, the governing body and the Minister could enter into an agreement with respect to the Minister's support of the exercise of jurisdiction referred to in section 6.

Sub-clause 23(2)

This clause would provide that the agreements may include fiscal arrangements for water services delivery on First Nation lands and arrangements on information and data sharing, monitoring, reporting, enforcement, and measurement of outcomes in relation to water services.

Clause 24

This clause would provide that a First Nation governing body may enter into an agreement with the Minister, a provincial, territorial or municipal government, or with any public body acting under the authority of the First Nation respecting the administration and enforcement of its First Nation laws.

Clause 25

Sub-clause 25(1)

This clause would provide that the Minister may enter into an agreement with a First Nation governing body, a provincial, territorial or municipal government, or any public body acting under the authority of the First Nation in respect of:

  • the protection of source water, including measures related to its protection from negative effects and to planning, monitoring and reporting in respect to its protection;
  • water services; and
  • the administration and enforcement of federal regulations made under subsection 19(1).
Sub-clause 25(2)

This clause would provide that if a First Nation could be affected by an agreement under subsection (1) between the Minster and a provincial, territorial or municipal government, the First Nation must, subject to its choice, be a party to the agreement or be consulted before the agreement is entered into.

Sub-clause 25(3)

This clause would provide that, for greater certainty, nothing in subsection (1) would prevent any other federal minister from entering into any agreement referred to in that subsection.

Powers, Duties and Functions of Minister – Clause 26 to 29

Clause 26

This clause would require the Minister, in consultation and cooperation with a First Nation governing body, to make best efforts to ensure that access to clean and safe drinking water, whether from a public or private water system, is provided to all residents, occupants and users of buildings located on First Nation lands.

Clause 27

Sub-clause 27(1)

This clause would provide that the Minister must consult and cooperate with First Nation governing bodies on the development of a framework for assessing needs for water services on First Nation lands and when making and implementing funding allocation decisions.

Sub-clause 27(2)

This clause would provide that the Minister's consultations and cooperation on a framework for assessing needs may include: capital and upgrades; operations and maintenance; monitoring; enforcement; reporting; actual costs; governance, capacity development; and water services received by First Nations persons as compared to those received by persons in non-Indigenous communities.

Sub-clause 27(3)

This clause would provide that the Minister's consultations and cooperation with

respect to the making of funding allocation decisions are to be guided by the principles that the funding for First Nations water services should:

  • be adequate, predictable, stable, sustainable, and needs-based;
  • be responsive to current and projected infrastructure needs;
  • be responsive to infrastructure lifecycle planning related to local needs;
  • achieve positive long-term health outcomes; and
  • align with the use of clean and sustainable technologies.
Sub-clause 27(4)

This clause would require the Minister to respond publicly, if appropriate, in a report to Parliament, to the views submitted by First Nation governing bodies, during the consultations.

Sub-clause 27(5)

This clause would stipulate that the Minister must make best efforts to begin the consultations and cooperation required by subsection (1) no later than the last day of the sixth month after the month in which section 27 comes into force.

Clause 28

This clause would provide that the Minister may provide support to First Nation governing bodies when entering into bilateral and trilateral agreements described in the proposed Act.

Clause 29

This clause would provide that the Minister must consult and cooperate with First Nation governing bodies with a view to ensuring that First Nation laws protect the environment as much as or more than the Fisheries Act, the Migratory Birds Convention Act, 1994, the Canadian Environmental Protection Act, 1999¸ and the Species at Risk Act.

Obligations of the Government of Canada – Clause 30 to 32

Clause 30

This clause would require the Government of Canada to make best efforts to provide funding that meets the needs assessed in the framework established under subsection 27(1).

Clause 31

This clause would require the Government of Canada to make best efforts to provide funding that is adequate, predictable, stable, sustainable, needs-based and meets actual costs for water services on First Nation lands so that so that First Nation persons are able to receive water services comparable to those received by persons in non-Indigenous communities.

Clause 32

This clause would require the Government of Canada to make best efforts to provide sustainable funding to implement the terms of reference for the First Nations Water Commission.

Settlement Agreement – Clause 33 to 35

Clause 33

This clause would provide that the Minister, on behalf of the Government of Canada, must fulfill Canada's obligations and commitments as set out in the Settlement Agreement.

Clause 34

This clause would provide that the Government of Canada must provide funding that, as a minimum, meets the commitment expenditures set out in the Settlement Agreement.

Clause 35

This clause would ensure nothing in this Act were to be construed as abrogating or derogating from any obligation or commitment set out in the Settlement Agreement.

General – Clause 36 to 38

Clause 36

This clause would clarify that any funding agreement respecting water services on First Nation lands may include long-term funding arrangements through grants.

Clause 37

Sub-clause 37(1)

This clause would provide that an employee or contractor of a First Nation governing body is not liable for loss or damage relating to the provision of water services on First Nation lands where acts or omissions of the employee or contractor occurred in good faith.

Sub-Clause 37(2)

This clause would provide that a First Nation governing body, as the employer or contracting entity, retains vicarious liability for the acts or omissions of an employee or contractor of the First Nation governing body who is covered by the immunity.

Clause 38

This clause would provide that nothing in regulations or agreements under the proposed Act are to be construed as preventing or limiting federal ministers, other than the Minister, from exercising any powers, duties or functions they have under any Act of Parliament.

First Nations Water Commission – Clause 39 to 40

Clause 39

Sub-clause 39(1)

This clause would require the Minister to consult and cooperate with First Nation governing bodies on the development of terms of reference for the establishment of a First Nations-led not-for-profit corporation.

Sub-clause 39(2)

This clause would require the terms of reference to provide that the First Nations-led not-for-profit corporation's articles of incorporation stipulate that:

  • one of the purposes of the corporation is to support the purpose and principles set out in the proposed Act; and
  • the corporation must provide the Minister with an annual activity report within six months following its financial year end.
Sub-clause 39(3)

This clause would provide that the terms of reference may also provide that the corporation's purposes as set out in its articles of incorporation include any of the following:

  • support and coordination for the monitoring by First Nations of drinking water, source water, and wastewater treatment and disposal on, in and under First Nation lands;
  • advice, including legal advice, to First Nations on drinking water and wastewater;
  • support and advice to First Nations on certification for water services on First Nation lands;
  • recommendations to the federal, provincial, territorial and municipal governments and First Nations on drinking water and wastewater, including relating to laws, regulations, policies, guidelines and model laws; and
  • other services related to drinking water, wastewater and source water on, in and under First Nation lands.
Sub-clause 39(4)

This clause would require the Minister to make best efforts to begin consultations and cooperation on the development of the terms of reference for the First Nations-led Water Commission no later than 6 months after section 39 comes into force.

Clause 40

This clause would require the Minister to cause to be tabled in Parliament a copy of the annual report provided by the First Nations-led not-for-profit corporation.

Annual Report – Clause 41

Clause 41

This clause would require the Minister, in consultation and cooperation with First Nations, to produce an annual report on the annual results of the consultation and cooperation requirements of the proposed Act and cause to be tabled in Parliament a copy of the report.

Five Year Review – Clause 42

Clause 42

This clause would require the Minister in consultation and cooperation with First Nation governing bodies, to review the provisions and operation of the proposed Act within five years of coming into force of section 42 and to table a report of the review in Parliament within six years of coming into force of section 42.

Coordinating Amendment – Clause 43

Clause 43

This clause provides for the coordination of common language, regarding upholding the rights of Indigenous peoples, between Bill S-13 and this proposed Act.

Coming into Force – Clause 44

Clause 44

This clause would provide for coming into force of the proposed Act on a day or days to be fixed by the Governor in Council.

5. Summary of Issues Raised

Key Issues Raised at Second reading and INAN – from June to October 2024 – Bill C-61, First Nations Clean Water Act

Consultation

  • MPs have called for more adequate consultation. The CPC has noted there is a lack of unanimous support for the bill, including for Alberta and Saskatchewan FN chiefs. They also called for more consultation with the Black Foot Confederacy. The NDP noted a lack of consultation with all FNs, specifically treaty 6,7,8 FNs as well as Chief Moonias of Neskantaga FN, and Sturgeon Lake Cree Nation.
  • MPs have also asked about the consultation and cooperation required in defining protection zones. The CPC in particular asked if there can be a mechanism imbedded in the legislation to ensure the Minister cannot make this type of decision unilaterally and how jurisdictional issues will be dealt with.
  • At committee, witnesses have also brought up a lack of consultation and co-development as a concern for chiefs across the country

Recognition of the human right to clean drinking water

  • MPs and witnesses have called for the bill to recognize the human right to water under S. 3, and to guarantee safe drinking water. They pushed for its inclusion in the body of the bill as S. 29 of UNDRIP is only referred to in the preamble.

Sustainable Funding

  • MPs from all parties, but particularly the GP and BQ, have asked how the government will ensure there is adequate funding for delivering safe clean drinking water for FNs. This includes funding for staff, water operators and long term training.
  • Witnesses have also suggested there should be a required deadline to finalize the funding framework within two years of the legislation achieving Royal Assent.
  • They called for clarity around the actual cost of enforcement of regulations and protocols by First Nations and increased funding of decentralized water systems.
  • They also called for support for capacity and skill development specific to community needs.
  • Many witnesses have called for a strengthening of language around the definition of "best efforts".

Source water protection and accountability for corporate polluters

  • Witnesses at committee and MPs, particularly from the NDP and BQ, have called for guaranteed protection of source water off-reserve.
  • They also asked how the government will uphold accountability for Imperial Oil and big corporations that pollute Indigenous waters.
  • Witnesses also called for amendments that include protection of waters that flow into reserves (some of which are flowing from United States).
  • Many witnesses have called for a strengthening of language around the definition of protection zones.

Provincial and territorial jurisdiction

  • MPs, particularly the BQ have asked how the bill ensures respect for jurisdictions.
  • Witnesses said the federal government must uphold treaties when it comes to disputes with provinces, some specifically referencing Alberta.
  • Witnesses highlighted potential challenges with obtaining provincial and territorial agreement and coordination, and called for support to FNs in dealing with jurisdictional conflicts and for enforcement of FN regulations.

FNs Water Commission

  • MPs (BQ) have asked how the commission will be structured and how conflict of interest and the offloading of responsibility from the government to FNs will be prevented. Particularly there were concerns that FNs would need to go to court to seek remedies, and questions about if the commission will have powers to impose penalties.

6. Questions and Answers (Themes)

Overview

1. What is the purpose of the Bill?

The purpose of the Bill is to:

  • ensure First Nations have reliable access to safe drinking water and effective wastewater services;
  • affirm the inherent right of First Nations to self-government, including jurisdiction over water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands;
  • ensure consistency with section 35 of the Constitution Act, 1982 and support the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, including through consultation and cooperation on federal regulatory and funding allocation decisions and application of the principle of free, prior and informed consent;
  • establish principles for decision-making, minimum national standards, and a federal regulatory regime for water services on First Nation lands;
  • facilitate the closing of infrastructure, socio-economic, governance, and health and well-being gaps between First Nations and non-First Nation communities;
  • facilitate collaboration between First Nations and federal, provincial, territorial and municipal governments on transboundary source water protection.
2. Why is new proposed First Nations drinking water and wastewater legislation required?

Everyone in Canada should have access to safe, clean, and reliable drinking water.

Ensuring lasting drinking water and wastewater infrastructure in First Nation communities requires a modern and effective legal regime.

While provinces and territories have laws and regulations that support the provision of safe drinking water, there are no similar regulations for First Nations on First Nation lands.

The Bill was also developed in response to the 2021 Safe Drinking Water for First Nations Class Action Settlement Agreement, which commits Canada to making all reasonable efforts to develop and introduce, in consultation with First Nations, proposed legislation to replace the repealed 2013 Safe Drinking Water for First Nations Act.

3. How does the Bill advance reconciliation?

The Bill advances reconciliation by:

  • responding to key priorities raised by First Nations since 2013, including rights, funding, source water protection and ongoing engagement on water issues that affect First Nations;
  • requiring that any decision made under the Bill is to be guided by the principle of free, prior and informed consent referred to in the United Nations Declaration on the Rights of Indigenous Peoples;
  • ensuring meaningful First Nations participation on federal water funding and regulatory decisions through consultation and cooperation requirements;
  • providing pathways to enter into agreements, including transboundary source water protection agreements and bilateral financial agreements between First Nations and Canada to support the exercise of First Nation jurisdiction on First Nation lands; and
  • helping to address disparities in water and wastewater services between First Nations and non-First Nations communities;
  • operating independently of the Indian Act.

Scope

4. Who would the Bill apply to?

The Bill would apply to First Nations on First Nation lands, referred to in section 91(24) of the Constitution Act, 1867.

5. What subject matter does the Bill cover?

The Bill would cover water, source water, drinking water, wastewater, and related infrastructure on First Nation lands. It would also affirm jurisdiction in relation to water and source water adjacent to First Nation lands in a protection zone if First Nations, provinces, and Canada agree on an approach to coordinate laws.

6. Why does the Bill not apply to Inuit and Métis?

Inuit and Métis communities are generally covered by provincial and territorial laws relating to the protection of drinking water.

This Bill would apply to First Nations on First Nation lands under section 91(24) of the Constitution Act, 1867.

7. Does the Bill apply to Modern Treaty Holders and Self-Governing Nations?

As the Bill would apply to First Nations on First Nation lands under section 91(24) of the Constitution Act, 1867, the Bill would not apply to the majority of Modern Treaty and Self-Governing partners, whose lands are otherwise defined.

In the event of an inconsistency or conflict between a modern treaty or self-government agreement within the meaning of section 35 of the Constitution Act, 1982 and the proposed Act, the section 35 treaty or agreement would prevail.

The Bill would ensure no abrogation nor derogation from rights recognized and affirmed by section 35 of the Constitution Act, 1982, including section 35 modern treaty and self-government agreements.

The Government of Canada is committed to supporting modern treaty evolution to reflect the most progressive understanding of the inherent right of self-government.

8. Does the Bill apply to provinces and territories?

The Bill would primarily apply on First Nation lands under section 91(24) of the Constitution Act, 1867, which are considered federal lands.

Acknowledging that water flows across jurisdictions, the Bill would include rights-based regulatory pathways to protect water and source water adjacent to First Nation lands, in consultation and cooperation with First Nations, other federal Ministers, provinces and territories, if First Nations, provinces, and Canada agree on an approach to coordinate laws.

The Government of Canada is committed to a collaborative approach and ongoing engagement with provinces and territories to help ensure the provision of clean, safe and reliable drinking water for First Nations.

Settlement Agreement and 2013 Safe Drinking Water for First Nations Act

9. Why was the Bill introduced after the December 31, 2022 Settlement Agreement deadline?

As committed to in the Safe Drinking Water for First Nations Class Action Settlement Agreement, the Government of Canada made all reasonable efforts to develop and introduce, in consultation with First Nations, proposed legislation to replace the repealed 2013 Safe Drinking Water for First Nations Act by December 31, 2022.

During enhanced engagement with First Nation rights-holders and First Nation organizations, First Nation partners requested more time for engagement on the development and introduction of new proposed legislation to help ensure the Bill would reflect community needs and priorities.

10. How does the Bill meet the objective in the Settlement Agreement to ensure adequate and sustainable funding for drinking water and wastewater on First Nation lands?

The Bill would align with the objective in the Safe Drinking Water for First Nations Class Action Settlement Agreement for proposed replacement legislation to confirm adequate and sustainable funding for drinking water and wastewater services on First Nation lands by:

  • 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 Nation communities;
  • requiring the Government of Canada make best efforts to provide sustainable funding to implement the funding framework, to be developed in consultation and cooperation with First Nations;
  • committing the Government of Canada to provide funding that, as a minimum, meets the commitment expenditures set out in the Safe Drinking Water for First Nations Class Action Settlement Agreement; and
  • facilitating agreements between First Nations and the Government of Canada on fiscal arrangements to support First Nations in exercising their inherent right to self-government, including over water services on First Nation lands.
11. When was the 2013 Safe Drinking Water for First Nations Act repealed?

Aligned with commitments in the Safe Drinking Water for First Nations Class Action Settlement Agreement, the proposed repeal of the 2013 Safe Drinking Water for First Nations Act was introduced in Parliament as a related measure in Budget Implementation Act, 2022, No. 1 on April 28, 2022.

The Bill for the Budget Implementation Act, 2022, No. 1 received Royal Assent on June 23, 2022, formally repealing the 2013 Safe Drinking Water for First Nations Act and setting the stage for the development of replacement legislation.

12. How is the Bill different from the repealed 2013 Safe Drinking Water for First Nations Act?

The Bill is substantially different from the repealed 2013 Safe Drinking Water for First Nations Act, as this Bill aims to address key concerns raised by First Nations regarding the repealed 2013 Act, including:

  • lack of adequate, predictable and sustainable funding;
  • non-recognition of Aboriginal water rights;
  • potential infringements on Aboriginal and treaty rights;
  • lack of proper protection of source water; and
  • insufficient engagement.

Key components of this Bill that were not in the repealed 2013 Safe Drinking Water for First Nations Act include:

  • a federal commitment to make best efforts to provide adequate and sustainable funding for water services on First Nation lands comparable to services received in non-First Nation communities;
  • affirmation of the inherent right of First Nations to self-government, including jurisdiction over water, source water, drinking water, wastewater and related infrastructure on, in and under First Nations lands;
  • rights-based regulatory pathways to protect water and source water adjacent to First Nation lands, in consultation and cooperation with First Nations, other federal Ministers, provinces and territories, to help protect drinking water sources flowing onto First Nation lands;
  • requirements to consult and cooperate with First Nations on the development of proposed federal regulations under the Bill;
  • a requirement that any decision made under the Bill is to be guided by the principle of free, prior, and informed consent referred to in the United Nations Declaration on the Rights of Indigenous Peoples;
  • a commitment to make best efforts to ensure access to clean and safe drinking water on First Nation lands; and
  • support for the establishment of a First Nations-led Water Commission.

The main similarity between the Bill and the repealed 2013 Safe Drinking Water for First Nations Act is that both provide for the creation of federal regulations for drinking water and wastewater on First Nation lands. The Bill would commit the Minister to consult and cooperate with First Nations on the development of proposed regulations under the Bill, which was not a feature of the repealed 2013 Safe Drinking Water for First Nations Act.

Addressing First Nations' Interests

13. How does the Bill recognize First Nations' rights?

The Bill would recognize and affirm First Nations inherent right to self-government, including jurisdiction over water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands.

It would also include jurisdiction in relation to water and source water adjacent to First Nation lands in a protection zone if First Nations, provinces, and Canada agree on an approach to coordinate laws.

The Bill would also uphold the existing treaty and Aboriginal rights of First Nations, as protected by section 35 of the Constitution Act, 1982.

14. How does the Bill address First Nations' calls for adequate and sustainable funding for safe drinking water in First Nation communities?

The Bill addresses First Nations' calls for adequate and sustainable funding for safe drinking water in First Nation communities by:

  • requiring the Government of Canada to make best efforts to provide adequate and sustainable funding for water services on First Nation lands comparable to services received in non-First Nation communities;
  • ensuring First Nations participation in funding processes by requiring the Government of Canada to consult and cooperate with First Nations on a funding framework for assessing needs and when making funding allocation decisions related to water services on First Nation lands;
  • including long-term funding through grants; and
  • facilitating agreements between First Nations and the Government of Canada on fiscal arrangements to support First Nations in exercising their inherent right to self-government, including over water services, on First Nation lands.
15. How does the Bill address source water protection?

The Bill would address source water protection by providing binding national principles to support source-to-tap safe drinking water on First Nation lands. It would also provide pathways for First Nations to enter into transboundary water agreements with federal, provincial, territorial, and municipal governments to protect source water flowing through and off First Nation lands.

It would also affirm jurisdiction in relation to water and source water adjacent to First Nation lands in a protection zone if First Nations, provinces, and Canada agree on an approach to coordinate laws.

The Bill would also enable the Minister to make regulations to establish enforcement mechanisms to address the protection, maintenance, and cleanup of water or source water on First Nation lands.

16. How does the Bill address First Nation calls for ongoing engagement on water matters that affect First Nation communities?

The Bill would address First Nation calls for ongoing engagement on water matters that affect First Nation communities by requiring the Minister to consult and cooperate with First Nations on:

  • funding allocation decisions for water services on First Nation lands;
  • the development of proposed federal regulations under the Bill;
  • the provision of clean and safe drinking water on First Nation lands;
  • the application of minimum national standards for water services on First nation lands; and
  • the proposed establishment of a First Nations-led Water Commission.

Any decision made under the Bill would also be guided by the principle of free, prior and informed consent referred to in the United Nations Declaration on the Rights of Indigenous Peoples.

17. How does the Bill ensure that First Nations have reliable access to safe drinking water?

The Bill would require the Minister to make best efforts, in consultation and cooperation with First Nations, to provide access to safe drinking water on First Nation lands.

It would establish minimum national standards for drinking water and wastewater on First Nation lands, based on First Nation choice.

18. How does the Bill respond to First Nations' interests for binding standards?

The Bill would establish minimum national standards for drinking water and wastewater on First Nation lands, based on First Nation choice.

The Bill would ensure that:

  • the quality of drinking water on First Nation lands meets at least the Guidelines for Canadian Drinking Water Quality or the local provincial/territorial standards, based on First Nation choice;
  • the quantity of water available on First Nation lands meets the drinking, cooking, sanitation, hygiene, safety, fire fighting and other needs of First Nations; and
  • wastewater effluent on First Nation lands meets at least the standards set out in the Wastewater Systems Effluent Regulations or the local provincial/territorial standards, based on First Nation choice.
19. How would the potential establishment of a First Nations Water Commission benefit First Nations?

A First Nations-led Water Commission could serve as a centre of expertise to support First Nations in exercising greater control over their own drinking water and wastewater services by providing advice and technical expertise on laws, regulations, policies, agreements, source water, operator certification, among other potential activities.

Engagement

20. Who was engaged in the development of the proposed Bill?

The Government of Canada worked with First Nation rights-holders, including Modern Treaty and Self-Governing First Nations, First Nation organizations, including the Assembly of First Nations and First Nations Advisory Committee on Safe Drinking Water, and provincial and territorial governments to advance the development of the Bill.

21. When and how were First Nations engaged on federal water legislation?

Engagement on federal First Nations water legislation has been ongoing since 2018. In 2017-2018, the Government of Canada held engagement sessions with First Nations and First Nation organizations to review the 2013 Safe Drinking Water for First Nations Act. Since 2018, the Assembly of First Nations has been leading First Nations engagement on review and replacement of the 2013 Safe Drinking Water for First Nations Act.

In March 2022, the Government of Canada also led virtual engagement sessions with key First Nation rights-holders and First Nation organizations on the proposed repeal of the 2013 Safe Drinking Water for First Nations Act.

In summer 2022, the Government of Canada enhanced its engagement efforts by working directly with First Nation rights-holders, including Modern Treaty and Self-Governing First Nations, and First Nation organizations, including the Assembly of First Nations, to advance the development of new proposed legislation.

In February 2023, Canada shared an initial consultation draft of the legislative proposal with all First Nation rights-holders and First Nation organizations for a 30-day review period and posted the draft online to support community consideration of the Bill.

In March 2023, in response to feedback received from First Nations partners, the Government of Canada extended the engagement period on the consultation draft by an additional 35 days to help ensure meaningful engagement and consideration of the Bill.

Following engagement on the consultation draft and the thorough feedback provided by partners, in July 2023, Canada shared an updated consultation draft of the Bill with First Nation rights-holders and First Nation organizations for additional comments and feedback.

The updated consultation draft of the Bill was also posted online to support community consideration of the Bill prior to its introduction in Parliament.

22. What was heard from First Nations engaged in the development of the Bill?

First Nations consistently highlighted the following key priorities: recognition of rights; sustainable funding for drinking water and wastewater services; source water protection; standards; and the need for ongoing engagement on water issues that affect First Nations.

23. When and how was the Assembly of First Nations engaged on federal water legislation?

Since 2018, the Assembly of First Nations has been leading First Nations engagement on review and replacement of the 2013 Safe Drinking Water for First Nations Act. A number of Assembly of First Nations resolutions subsequently called for its repeal and replacement.

In summer 2022, the Government of Canada and the Assembly of First Nations established a Joint Working Group on Safe Drinking Water and Wastewater for First Nations Legislation to advance a framework for new proposed legislation.

In winter 2023, an expanded Dialogue Table was created with the purpose of accelerating collaborative work on proposed replacement legislation.

24. What was heard from the Assembly of First Nations during the development of the Bill?

The Assembly of First Nations identified the following key priorities for proposed legislation: recognition of inherent right to self-government over source water; funding commitments; minimum standards effective upon enactment; First Nations governance resources and support; inclusion of First Nations in transboundary agreement-making; and liability protection for First Nations in the absence of adequate funding.

25. How does the Government of Canada's engagement process on the Bill align with the United Nations Declaration on the Rights of Indigenous Peoples?

The Government of Canada's engagement process on the Bill aligns with the United Nations Declaration on the Rights of Indigenous Peoples through engagement and cooperation in good faith with First Nations through their own representative institutions to obtain free, prior and informed consent before adopting and implementing legislative measures that may affect First Nations.

The Government of Canada views engaging and cooperating in good faith with First Nations as sharing information, listening and working together. The Government of Canada engaged directly with rights-holders, including Modern Treaty and Self-Governing First Nations, and First Nation organizations on proposed legislation both in-person and virtually, as groups or with individual Nations, in accordance with the preferences of First Nations.

In addition, decisions made under the Bill would be guided by the principle of free, prior and informed consent referred to in the United Nations Declaration on the Rights of Indigenous Peoples.

26. How were provinces and territories engaged in the development of the Bill?

In summer 2022, the Government of Canada enhanced engagement with provinces and territories on source water protection to inform the development of proposed legislation.

In February 2023, a meeting of federal/provincial/territorial Ministers and leaders of national Indigenous organizations occurred, and further explored approaches to advance source water protection interests.

In March 2023, Canada shared an initial consultation draft with all provincial and territorial Indigenous Affairs and Environment Ministers and officials to support review of the new proposed First Nations drinking water and wastewater legislation.

In August 2023, an updated consultation draft was shared with all provincial and territorial Indigenous Affairs and Environment Ministers and officials for additional comments and feedback.

Both the initial and an updated consultation draft of the legislative proposal were also posted online to facilitate provincial and territorial consideration prior to introduction in the Parliament of Canada.

27. What was heard from provinces and territories engaged in the development of the Bill?

In general, provinces and territories expressed mutual interest in safe and clean water, while emphasizing the need for continued respect for provincial jurisdiction.

The Government of Canada is committed to a collaborative approach and ongoing engagement with provinces and territories to help ensure the provision of clean, safe and reliable drinking water for First Nations.

28. What are the next steps on engagement?

Engagement is an ongoing process and the Government of Canada will continue to work with First Nation rights-holders, including Modern Treaty and Self-Governing First Nations, First Nation organizations, including the Assembly of First Nations and First Nations Advisory Committee on Safe Drinking Water, and provincial and territorial governments through the Parliamentary process.

Should the Bill receive Royal Assent, the Government of Canada will continue to work with First Nation rights-holders, First Nation organizations, and provincial and territorial governments, to implement the proposed legislation.

Implementation

29. If passed, how would the Bill be implemented?

Should the Bill receive Royal Assent, the Government of Canada will continue to work with First Nation rights-holders, including Modern Treaty and Self-Governing First Nations, First Nation organizations, including the Assembly of First Nations and First Nations Advisory Committee on Safe Drinking Water, and provincial and territorial governments, to implement the proposed legislation.

This forward-looking work includes: First Nations law-making; consultation and cooperation on the creation of federal regulations and funding allocation decisions; bilateral and transboundary discussions to support entering into agreements; and support for the creation of a First Nations-led Water Commission.

30. When and how will regulations be developed under the proposed Act?

Should the Bill receive Royal Assent, the Minister would be required to make best efforts to begin consulting and cooperating with First Nations on federal regulatory development no later six months after coming into force.

Aligned with the United Nations Declaration on the Rights of Indigenous Peoples, consultation processes would be collaborative, inclusive, transparent, continuous and guided by the principle of free, prior and informed consent.

Other Related Initiatives

31. How does the Bill relate to the Canada Water Agency?

The Bill and the proposed Canada Water Agency are complementary in their efforts to address water-related issues. This Bill would focus on addressing water, source water, drinking water, wastewater and related infrastructure on First Nations lands, while the proposed Canada Water Agency would advance the modernization of the Canada Water Act to reflect Canada's freshwater reality, including climate change and Indigenous rights.

Indigenous Services Canada continues to work closely with Environment and Climate Change Canada to ensure whole-of-government alignment on water initiatives.

32. How would the new law-making powers under the First Nations Fiscal Management Act differ from those proposed in this Bill?

The proposed law-making powers under the First Nations Fiscal Management Act would allow scheduled First Nations to make laws respecting the provision of services, including to regulate access to, and use of, community infrastructure used in the provision of those services. Service laws could include, but not be limited to, the provision of water and wastewater services.

This Bill is specific to drinking water and wastewater services on First Nation lands, and would affirm the inherent right of First Nations to self-government, including jurisdiction over, water, source water, drinking water, wastewater and related infrastructure in, on and under First Nation lands.

Together, the initiatives support First Nation self-determined choices by offering pathways to: exercise law-making authority over water and wastewater services on First Nation lands; engage on federal water funding allocation and regulatory decisions; enter into transboundary agreements on source water protection; and participate in a First Nations-led Water Commission.

33. How are the services provided by the First Nations Infrastructure Institute under the First Nations Fiscal Management Act different from those to be provided by the proposed First Nations Water Commission in the Bill?

The proposed First Nations Infrastructure Institute's approach would be focused on improving First Nations infrastructure outcomes through the use of standards and industry best practices at all stages of the infrastructure life-cycle, including planning, development, procurement, operation and maintenance. The proposed Infrastructure Institute could also assist First Nations and First Nation organizations with various procurement needs, provide tools to build capacity and facilitate knowledge transfer, review First Nation laws related to infrastructure, and review and certify infrastructure projects, upon request.

This Bill offers a pathway to establish a First Nations-led Water Commission. The mandate and services of the First Nations Water Commission would be determined by First Nations. Some examples of potential services may include: water monitoring services; providing advice and recommendations to First Nations and various orders of government in relation to water services; supporting First Nations to attain necessary certifications related to water services; and other services to support overall implementation of the Bill.

While some of the tools used and services provided by the Infrastructure Institute and a potential First Nations-led Water Commission could be similar (e.g. sample laws and advisory services), the purposes of the two organizations would be complementary. The Infrastructure Institute would mainly focus on improving the sustainability of capital assets which could include, but not be limited to, those related to drinking water and wastewater. By comparison, the potential First Nations-led Water Commission may focus on overall water services and First Nations supports for implementation of the Bill.

7. Overview

Background

The Safe Drinking Water for First Nations Act came into force in 2013, enabling the Government of Canada to develop federal regulations to support access to safe, clean and reliable drinking water, and the effective treatment of wastewater on reserve. First Nations repeatedly called for the repeal and replacement of the 2013 Safe Drinking Water for First Nations Act, citing: lack of adequate, predictable and sustainable funding; non-recognition of Aboriginal rights; potential infringements on Aboriginal and treaty rights; lack of proper protection of source water; and insufficient engagement.

On December 22, 2021, the Federal Court and the Court of Queen's Bench of Manitoba jointly approved the Safe Drinking Water for First Nations Class Action Settlement Agreement, which commits Canada to making all reasonable efforts to introduce legislation repealing the 2013 Safe Drinking Water for First Nations Act by March 31, 2022 and to develop and introduce replacement legislation, in consultation with First Nations, by December 31, 2022.

Through Budget 2022, the Government reaffirmed its commitment to repeal the 2013 Safe Drinking Water for First Nations Act and work with First Nations to develop replacement legislation.

On April 28, 2022, the proposed repeal of the 2013 Safe Drinking Water for First Nations Act was introduced in Parliament as a related measure in Budget Implementation Act 2022, No. 1. The Bill received royal assent on June 23, 2022, formally repealing the 2013 Safe Drinking Water for First Nations Act and setting the stage for the development of replacement legislation.

Engagement Process

In 2017-2018, the Government of Canada worked with First Nation rights-holders and First Nation organizations to review the 2013 Safe Drinking Water for First Nations Act. Recognition of rights, source water protection, adequate funding, and the need for ongoing engagement were key themes expressed by First Nations. Since 2018, the Assembly of First Nations has also led First Nation engagement on review and replacement of the 2013 Safe Drinking Water for First Nations Act.

In March 2022, to support the proposed repeal of the 2013 Safe Drinking Water for First Nations Act, the Government of Canada led virtual engagement with First Nation rights-holders and First Nation organizations. Unanimous support was expressed by First Nations participants for repeal. Many participants also took the opportunity to share what they would like to see in replacement legislation, including but not limited to: the provision of safe drinking water and effective treatment of wastewater; recognition of rights; and sustainable funding.

In summer 2022, the Government of Canada enhanced its engagement with First Nation rights-holders, including Modern Treaty and Self-Governing First Nations, and First Nation organizations, including the Assembly of First Nations, to advance the development of proposed replacement legislation. First Nations continued to highlight the following key priorities: recognition of rights; sustainable funding for drinking water and wastewater services; source water protection; and the need for ongoing engagement on water issues that affect First Nations.

In summer 2022, the Government of Canada also enhanced engagement with provinces and territories on source water protection to inform the development of proposed legislation. In February 2023, a meeting of federal/provincial/territorial Ministers and leaders of national Indigenous organizations occurred, and further explored approaches to advance source water protection interests. In general, provinces and territories expressed mutual interest in safe and clean water, while emphasizing the need for continued respect for provincial jurisdiction.

Development

In summer 2022, the Government of Canada and the Assembly of First Nations established a Joint Working Group on Safe Drinking Water and Wastewater for First Nations Legislation to advance a framework for new proposed legislation. In winter 2023, an expanded Dialogue Table was created with the purpose of accelerating collaborative work on proposed replacement legislation. The Assembly of First Nations identified the following key interests for proposed legislation: recognition of water rights, funding commitments, national binding standards, collaborative development of regulations, and establishment of a First Nations Water Commission.

In February 2023, Canada shared an initial consultation draft of the Bill with all First Nation rights-holders and First Nation organizations for a 30-day review period and posted the initial consultation draft online to facilitate broad partner review, including by provinces and territories.

In March 2023, in response to feedback received from First Nations partners, the Government of Canada extended the engagement period on the initial consultation draft by an additional 35 days to help ensure meaningful engagement and consideration of the Bill prior to its introduction in Parliament.

Following engagement on the initial consultation draft and the thorough feedback provided by partners, in Summer 2023, Canada shared an updated consultation draft of the Bill with First Nation rights-holders, First Nation organizations, provinces and territories, and posted the updated draft online for additional comments and feedback.

Key Elements of the Bill

The Bill aims to support closing of drinking water and wastewater service gaps between First Nations and non-First Nation communities, and would operate independently of the Indian Act.

It would also support implementation of the United Nations Declaration on the Rights of Indigenous Peoples, including through consultation and cooperation requirements on federal regulatory and fiscal allocation decisions, and strengthen federal commitments to ensure long-term sustainable funding for water services on First Nation lands.

Key elements of the Bill include:

  • recognition and affirmation of the inherent right of First Nations to self-government, including jurisdiction over water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands;
  • rights-based regulatory pathways to protect water and source water adjacent to First Nation lands, in consultation and cooperation with First Nations, other federal Ministers, provinces and territories, to help protect drinking water sources flowing onto First Nation lands;
  • minimum national standards for the delivery of drinking water and wastewater services on First Nation lands, based on First Nation choice;
  • a federal commitment to make best efforts to provide adequate and sustainable funding for water services on First Nation lands comparable to services received in non-First Nation communities;
  • a requirement for all decisions made under the proposed Act to be guided by the principle of free, prior and informed consent; and
  • a commitment for Canada to support the creation of a First Nations-led Water Commission that would support First Nations in exercising greater control over drinking water and wastewater services on First Nation lands.

Next Steps

Should the Bill receive Royal Assent, the Government of Canada will continue to work with First Nation rights-holders, including Modern Treaty and Self-Governing First Nations, First Nation organizations, including the Assembly of First Nations and the First Nations Advisory Committee on Safe Drinking Water, and provincial and territorial governments, to implement the legislation.

8. History

The 2013 Safe Drinking Water for First Nations Act

The Safe Drinking Water for First Nations Act came into force in 2013, enabling the Government of Canada to develop federal regulations to support access to safe, clean and reliable drinking water, and the effective treatment of wastewater on reserve.

First Nations repeatedly called for the repeal and replacement of the 2013 Safe Drinking Water for First Nations Act, citing: lack of adequate, predictable and sustainable funding; non-recognition of Aboriginal water rights; potential infringements on Aboriginal and treaty rights; lack of proper protection of source water; and insufficient engagement.

Work to develop regulations was paused in 2015, as the Assembly of First Nations and other First Nation organizations called for repeal and replacement of the Act.

On December 22, 2021, the Federal Court and the Court of Queen's Bench of Manitoba jointly approved the Safe Drinking Water for First Nations Class Action Litigation Settlement Agreement, which commits Canada to making all reasonable efforts to introduce legislation repealing the 2013 Safe Drinking Water for First Nations Act by March 31, 2022 and to develop and introduce replacement legislation, in consultation with First Nations, by December 31, 2022.

Through Budget 2022, the Government reaffirmed its commitment to repeal the 2013 Safe Drinking Water for First Nations Act and to work with First Nations to develop replacement legislation.

On April 28, 2022, the proposed repeal of the 2013 Safe Drinking Water for First Nations Act was introduced in Parliament as a related measure in Budget Implementation Act 2022, No. 1. The Bill received royal assent on June 23, 2022, formally repealing the 2013 Safe Drinking Water for First Nations Act and setting the stage for the development of replacement legislation.

Canada worked directly with First Nation rights-holders, including Modern Treaty and Self-Governing First Nations, and First Nation organizations, including the Assembly of First Nations, to develop proposed replacement legislation, reflective of First Nations and federal interests.

9. Engagement Process

Overview of Engagement

In 2017 and 2018, the Government of Canada held engagement sessions with First Nations and First Nation organizations to review the 2013 Safe Drinking Water for First Nations Act. Source water protection, adequate funding, and the need for ongoing engagement were key themes expressed by First Nations.

Since 2018, the Assembly of First Nations has been leading First Nations engagement on review and replacement of the 2013 Safe Drinking Water for First Nations Act. A number of Assembly of First Nations resolutions subsequently called for its repeal and replacement.

Key First Nation concerns with the 2013 Safe Drinking Water for First Nations Act included: lack of adequate, predictable and sustainable funding; non-recognition of Aboriginal water rights; potential infringements on Aboriginal and treaty rights; lack of proper protection of source water; and insufficient engagement.

In March 2022, the Government of Canada led virtual engagement sessions with First Nation rights-holders and First Nation organizations on the proposed repeal of the 2013 Safe Drinking Water for First Nations Act. Unanimous support was expressed by First Nation participants for the proposed repeal. Many participants also took the opportunity to reiterate what they would like to see in replacement legislation, including: the provision of safe drinking water and effective treatment of wastewater; recognition of rights; and sustainable funding.

On June 23, 2022, the 2013 Safe Drinking Water for First Nations Act was repealed through the enactment of the Budget Implementation Act, 2022, No. 1, setting the stage for the development of replacement legislation.

In summer 2022, the Government of Canada enhanced its engagement efforts by working directly with First Nation rights-holders, including Modern Treaty and Self-Governing First Nations, and First Nation organizations, including the Assembly of First Nations, to inform the development of proposed replacement legislation. First Nations continued to highlight the following key priorities: recognition of rights; sustainable funding for drinking water and wastewater services; source water protection; and the need for ongoing engagement on water issues that affect First Nations.

In February 2023, an initial consultation draft of the legislative proposal was shared with First Nation rights-holders and First Nation organizations for a 30-day review period and was posted online to support community consideration of the Bill prior to its introduction in Parliament.

In March 2023, in response to feedback received from First Nations partners, the Government of Canada extended the engagement period on the consultation draft by an additional 35 days to help ensure meaningful engagement and consideration of the legislative proposal prior to introduction in Parliament.

Following engagement on the initial consultation draft and the thorough feedback provided by partners, in July 2023, the Government of Canada shared an updated consultation draft of the Bill with First Nation rights-holders and First Nation organizations for additional comments and feedback until Friday, September 8, 2023.

The updated consultation draft of the Bill was also posted online to support further community consideration of the Bill prior to its introduction in Parliament.

Assembly of First Nations

Since 2018, the Assembly of First Nations has been leading First Nations engagement on the review and replacement of the 2013 Safe Drinking Water for First Nations Act, with support from the Government of Canada.

In summer 2022, the Government of Canada and the Assembly of First Nations established a Joint Working Group on Safe Drinking Water and Wastewater for First Nations Legislation to advance a framework for new proposed legislation.

In winter 2023, an expanded Dialogue Table was created with the purpose of accelerating collaborative work on proposed replacement legislation.

The Assembly of First Nations identified the following key interests for proposed legislation: recognition of water rights; funding commitments; national binding standards; collaborative development of regulations; and establishment of a First Nations-led water commission.

Provinces and Territories

Given the multi-jurisdictional nature of source water protection, provincial and territorial governments would be key partners in the implementation of the proposed Bill.

In summer 2022, the Government of Canada enhanced engagement with provinces and territories on source water protection to inform the development of proposed legislation.

In February 2023, a meeting of federal/provincial/territorial Ministers and leaders of national Indigenous organizations occurred, and further explored approaches to advance source water protection and shared water interests.

In March 2023, the Government of Canada shared an initial consultation draft with provincial and territorial Indigenous Affairs and Environment Ministers and officials to support review of the new proposed First Nations drinking water and wastewater legislation.

In August 2023, the Government of Canada shared an updated consultation draft with provincial and territorial Indigenous Affairs and Environment Ministers and officials for additional comments and feedback until Friday, September 8, 2023.

In general, provinces and territories expressed mutual interest in safe and clean water, while emphasizing the need for continued respect for provincial jurisdiction.

Next Steps

Should the Bill receive Royal Assent, the Government of Canada will continue to work with First Nation rights-holders, including Modern Treaty and Self-Governing First Nations, First Nation organizations, including the Assembly of First Nations and the First Nations Advisory Committee on Safe Drinking Water, and provincial and territorial governments, to implement the proposed legislation.

10. Key Elements

Description and Scope

The Bill would recognize and affirm the inherent right of First Nations to self-government, including jurisdiction in relation to water, source water, drinking water, wastewater, and related infrastructure on, in and under First Nations lands. It also aims to support the closing of drinking water and wastewater service gaps between First Nations and non-First Nation communities, and would operate independently of the Indian Act.

More specifically, the Bill would:

  • recognize and affirm the inherent right of First Nations to self-government including jurisdiction in relation to water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands;
  • establish rights-based regulatory pathways to protect water and source water adjacent to First Nation lands, in consultation and cooperation with First Nations, other federal Ministers, provinces and territories, to help protect drinking water sources flowing onto First Nation lands;
  • commit the Government of Canada to making best efforts to provide adequate and sustainable funding for water services on First Nation lands comparable to services received in non-First Nation communities;
  • support the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, including through consultation on federal regulatory and on fiscal allocation decisions;
  • establish national principles and minimum standards on the delivery of drinking water and wastewater services on First Nation lands, including the quality and quantity of drinking water, and wastewater effluent;
  • facilitate entering into of water agreements, including trilateral source water protection agreements and bilateral financial agreements between First Nations and Canada to support the exercise of First Nation jurisdiction;
  • commit to consultation and cooperation to advance the establishment of a First Nations-led water commission to support First Nations in exercising greater control over their drinking water and wastewater services; and
  • codify commitments in the Safe Drinking Water for First Nations Class Action Settlement Agreement.

Key Elements of the Bill

1. Recognition and affirmation of the existing inherent right to self-government

The Bill would:

  • recognize and affirm the inherent right of First Nations to self-government, including jurisdiction over drinking water, wastewater, and related infrastructure on, in and under First Nation lands;
  • establish rights-based regulatory pathways to protect water and source water adjacent to First Nation lands, in consultation and cooperation with First Nations, other federal Ministers, provinces and territories, to help protect drinking water sources flowing onto First Nation lands; and
  • include a non-derogation clause that upholds the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982.

2. National Principles – Water Services, Substantive Equality and Free Prior and Informed Consent

The Bill would:

  • guide federal and First Nation decision-making in the interpretation and administration of the proposed legislation;
  • provide that First Nations must have reliable access to drinking water and wastewater on First Nation lands without discrimination and in a manner that is substantively equal to non-Indigenous communities;
  • emphasize a First Nations-led approach that promotes community wellness in a way that is transparent, accountable and adaptable; and
  • provide that the making of any decision under the Bill is to be guided by the principle of free, prior and informed consent.

3. Standards

The Bill would:

  • establish federal minimum national standards for the delivery of drinking water and wastewater services on First Nation lands, based on First Nation choice;
  • ensure that the quality of drinking water on First Nation lands meets at least the Guidelines for Canadian Drinking Water Quality or the local provincial/territorial standards;
  • ensure that the quantity of drinking water available on First Nation lands meets the drinking, cooking, sanitation, hygiene, safety, firefighting and other needs of First Nations; and
  • ensure that wastewater effluent on First Nation lands meets at least the standards set out in the Wastewater Systems Effluent Regulations or the local provincial/territorial standards.

4. Federal Consultation

The Bill would:

  • ensure First Nations involvement in decision-making related to First Nations drinking water and wastewater services; and
  • require the Government of Canada to work with First Nation partners when developing federal regulations under the proposed Act, support the establishment of a First Nations-led Water Commission, support First Nation choice in the application of minimum national standards, and make best efforts to ensure clean and safe drinking water for all located on First Nation lands.

5. Federal Regulations

The Bill would provide for the creation of federal regulations:

  • respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands; and
  • to define a water and source water protection zone adjacent to First Nation lands.

6. Agreements – Bilateral and Transboundary

The Bill would provide pathways for:

  • First Nations and the Minister of Indigenous Services to enter into bilateral fiscal agreements to support First Nations in exercising their right to self-government, including jurisdiction over drinking water, wastewater, and related infrastructure on First Nation lands; and
  • First Nations to enter into transboundary water agreements with federal, provincial, territorial, and municipal governments to protect source water flowing through and off First Nation lands.

7. First Nations Water Commission

  • The Bill would require the Minister of Indigenous Services to support the establishment of a First Nations-led Water Commission through consultation and cooperation with First Nations on the development of a terms of reference.
  • A First Nations-led Water Commission would serve as a centre of expertise to support First Nations in exercising greater control over their own drinking water and wastewater services by providing advice and technical expertise on laws, regulations, policies, agreements, source water, operator certification, among other potential activities.

8. Other Provisions

The Bill would:

  • provide that the Minister, in consultation and cooperation with First Nations, must make best efforts to ensure access to clean and safe drinking water to all people located on First Nation lands;
  • commit the Government of Canada to making best efforts to provide adequate and sustainable funding for water services on First Nation lands comparable to services received in non-First Nation communities;
  • address conflicts or inconsistencies of law, including with existing modern treaties and self-government agreements protected by section 35 of the Constitution Act, 1982, and relevant federal laws and their regulations;
  • require the Government of Canada fulfill Canada's obligations and implement Canada's commitments set out in the Settlement Agreement, including to provide funding that, at a minimum, meets the commitment expenditures; and
  • provide immunity for First Nation water operators and employees acting in good faith.

11. Implementation and Next Steps

Summary

Should the Bill receive Royal Assent, the Government of Canada will continue to work with First Nation rights-holders, First Nation organizations, including the Assembly of First Nations, and provincial and territorial governments, to implement the proposed legislation.

This forward-looking work includes: First Nations law-making; consultation and cooperation on the creation of federal regulations and funding allocation decisions; supporting First Nation choice in the application of minimum national standards; bilateral and transboundary discussions to supporting entering into of agreements; and support for the creation of a First Nations-led Water Commission.

First Nation Law-Making

The Bill would recognize and affirm the inherent right of First Nations to self-government, including jurisdiction in relation to water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands. It would also establish rights-based regulatory pathways to protect water and source water adjacent to First Nation lands, in consultation and cooperation with First Nations, other federal Ministers, and provinces and territories, to help protect drinking water sources flowing onto First Nation lands.

A First Nation would not be required to develop a law to address water, source water, drinking water, wastewater, and related infrastructure on First Nation lands. The proposed legislation would ensure national binding standards for drinking water and wastewater and provide for a federal regulatory framework on First Nation lands whether or not a First Nation chooses to develop and implement a First Nation law. If a First Nation decided to exercise the right to self-government pursuant to the proposed legislation, the following considerations would apply.

On First Nation Lands

A First Nation governing body could choose to exercise its right to self-government by developing and implementing a First Nation law, based on the distinct traditions, customs and practices of the First Nation, as long as it meets or beats the minimum national standards for drinking water and wastewater and respects the paramountcy of certain federal laws relating to the environment, navigation, and shipping referred to in the proposed legislation.

A First Nation governing body would develop a law through its self-determined governance structure, which generally includes engagement with community members, elders and youth.

First Nations laws would be published in the First Nations Gazette and on the First Nation's website, if applicable, as soon as feasible after a First Nations law is created.

Following publication, a First Nation would implement its law in a manner that meets or beats the minimum national standards for drinking water and wastewater and respects the relationship of laws provisions in the proposed legislation.

Protected Zone Adjacent to First Nation Lands

A First Nation could choose to exercise its right to self-government, including jurisdiction over water and source water adjacent to First Nation lands in a protection zone if the First Nation, province or territory in which the First Nation is located, and the Government of Canada have agreed on an approach to coordinate laws.

Indigenous Services Canada would develop a definition of "protection zone", which would be included in regulations made pursuant to the proposed legislation, in consultation and cooperation with First Nations, other federal departments, and provinces and territories.

A First Nation would develop a law through its self-determined governance structure, which generally includes engagement with community members, elders and youth.

A First Nation would need to engage with the province or territory in which the First Nation is located and the Government of Canada to secure agreement on an approach to coordinate the application of First Nation, federal, and provincial or territorial laws in a protection zone defined in federal regulations. The protection zone would be located adjacent to the First Nation's lands.

A First Nation governing body would be required to publicly publish its First Nation law, as soon as feasible after it is made, in the First Nations Gazette, and on its website if it has one, to support coordination of laws among First Nation, provincial, territorial and federal governments.

Following publication, a First Nation would implement its law in a manner that meets or beats the minimum national standards for drinking water and wastewater on First Nations lands, and respects the relationship of laws provisions in the proposed legislation and agreed upon coordinated approach.

Standards

The Bill would support First Nations self-determined choices in relation to the application of minimum national standards for drinking water and wastewater services on First Nation lands. Should the Bill receive Royal Assent, the drinking water and wastewater standards would be applied once First Nations choose the standard that work best for their communities. Should a First Nation not make a choice, Indigenous Services Canada would begin work with the First Nation to determine and apply the highest standard within 90 days of coming into force.

Federal Regulations and Funding Allocation Collaboration

The Bill would provide for the creation of federal regulations, to be developed in consultation and cooperation with First Nations, on drinking water and wastewater services on First Nation lands.

The Bill would also require the Government of Canada to consult and cooperate with First Nations on a framework for assessing needs for water services on First Nation lands and when making and implementing funding allocation decisions.

Consultations on federal regulatory development and funding allocation decisions would begin within six months of the Bill coming into force.

Aligned with the United Nations Declaration on the Rights of Indigenous Peoples, consultation processes would be collaborative, inclusive, transparent and continuous. Beginning with the planning and design of the consultation process, the Government of Canada and First Nations would work together to develop proposed federal regulations under the Bill and to make and implement funding allocation decisions for water services on First Nation lands.

Bilateral Discussions

The Bill would provide pathways for First Nations and the Government of Canada to enter into bilateral agreements, to support First Nations in exercising jurisdiction over water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands.

Bilateral agreements could include fiscal arrangements to support First Nations in exercising their jurisdiction, according to their own procedures, decision-making processes and legal traditions.

Should the proposed Bill receive Royal Assent, interested First Nations could request discussions to support entering into bilateral agreements between First Nations and the Government of Canada.

Transboundary Discussions

The Bill would also provide pathways for First Nations, the Minister, and provinces and territories to enter into transboundary water agreements, including on source water protection.

Transboundary discussions would utilize existing forums, such as the federal / provincial / territorial Ministers and leaders of National Indigenous Organizations forum, and new transboundary discussion forums would be developed to address any gaps.

First Nations-Led Water Commission

The Bill would require the Minister to consult and cooperate with First Nations on the development of terms of reference for the establishment of a First Nations-led Water Commission to assist First Nations in exercising greater control over drinking water and wastewater services on First Nation lands. The Bill would also require that the Government of Canada make best efforts to provide sustainable funding to implement the terms of reference for the First Nations-led Water Commission.

Should the proposed Bill receive Royal Assent, the Government of Canada would begin consultation and cooperation with First Nations to develop terms of reference for the articles of incorporation of the Commission within six months of coming into force.

Annual Report

The Bill would require the Minister, in consultation and cooperation with First Nations, to develop and table an annual report on the results of consultations and cooperation required under the proposed Act.

Five-Year Review

The Bill would require the Minister, in consultation and cooperation with First Nations, to conduct a 5-year review of the proposed Act and to table a report of the review to Parliament before the sixth anniversary of the proposed Act coming into force.

Should the Bill receive Royal Assent, the Government of Canada will continue to work with First Nation rights-holders, First Nation organizations, provinces, and territories to implement the legislation.

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