I Y R E X P L A I N S : B I L L C - 6 1 : F I R S T N A T I O N S C L E A N W A T E R A C T
CENTRE FOR INDIGENOUS POLICY AND RESEARCH
OCTOBER 2024
AT A GLANCE
Despite vast freshwater resources in Canada, and ongoing government commitments to resolve the crisis, many First Nations communities remain without access to safe drinking water.
On December 11, 2023, the federal government introduced Bill C-61: First Nations Clean Water Act in the House of Commons The proposed law affirms the inherent rights of First Nations to self-govern water resources on their lands (including establishing and enforcing their own water-related laws) and sets out principles to ensure that First Nations communities are provided with clean and safe drinking water and the tools to effectively treat and dispose of wastewater on their lands.
The bill sets out minimum standards for water quality and provides methods to support sustainable source water management (untreated water from lakes, rivers, and underground sources).
The bill is also connected to commitments Canada has made through the UNDA Act, which seeks to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) UNDRIP recognizes the rights of Indigenous peoples to all aspects of self-governance and selfdetermination, including the right to control natural resources on their territories
As of June 17, 2024, Bil C-61 has passed Second Reading at the House of Commons and is now in consideration by the Standing Committee on Indigenous and Northern Affairs.
As of July 2024, Indigenous Services Canada reports that 145 long-term drinking water advisories have been lifted since Nov. 2015, with 31 still in effect across 29 communities. Drinking water advisories are ultimately caused by chronic underfunding, lack of resources, and voids in regulation.
In April, the UN Special Rapporteur on the Right to Water and Sanitation decried that Canada’s failure to provide First Nations with clean drinking water constitutes a human rights violation.
TIMELINE OF BILL C-61
2003 - First Nations Water Management Strategy: The First Nations Water Management Strategy (FNWMS) was introduced in 2003, with a federal investment of $1.6 billion. The FNMWS focused on upgrading and constructing water and wastewater facilities in high-priority communities and developing water-quality management protocols. However, barriers such as poor infrastructure, slow remedial actions, and inadequate expert consultation ultimately hindered the FNWMS.
2006-2008 - Further Initiatives and Action Plans: The Plan of Action for First Nations Drinking Water was introduced in 2006 with additional funding. This plan included implementing protocols for safe drinking water, mandatory training for treatment-plant operators, remote water system monitoring, and regular progress reporting. Building on this, the First Nations Water and Wastewater Action Plan was introduced in 2008.
2013 - Safe Drinking Water for First Nations Act: The Safe Drinking Water for First Nations Act enabled the federal government to develop regulations that would ensure safe, clean, and reliable access to drinking water However, the bill was heavily criticized for not being developed in consultation with First Nations communities.
2016 – Canada Adopts UNDRIP:: In 2010, Canada officially endorsed UNDRIP after initially opposing it. Several years later, in 2016, the federal government officially adopted the UN Declaration, with plans to implement it in the years to come. In recent years, Canada passed the UNDA Act, which officially affirms UNDRIP and provides a framework to help advance its implementation at the federal level.
2019 - Class Action Lawsuit Filed Against Federal Government: Following years of inadequate response from the federal government, Neskantaga First Nation, Curve Lake First Nation and Tataskweyak Cree Nation filed a class action lawsuit in 2019. The lawsuit addressed Canada’s failure to take decisive action in ensuring that First Nations communities have access to safe drinking water on-reserve.
2021 - First Nations Drinking Water Settlement: In response to the lawsuit mentioned above, Canada agreed to a major settlement, including $1.5 billion dollars in compensation for individuals deprived of clean drinking water. Through the settlement, the federal government agreed to repeal the 2013 Safe Drinking Water Act and co-develop new legislation with First Nations communities.
2023 - Bill C-61: First Nations Clean Water Act Introduced: In December 2023, Bill C-61 was officially tabled in the House of Commons. Upon its introduction, it received mixed responses (see Community Reactions section).
READ THE FULL BILL HERE
HIGHLIGHTS OF BILL-C61
What are Bill C-61's key elements, and what would it do in practice if it is eventually passed? Note: This section is meant to serve as a snapshot of Bill C-61, highlighting certain key facets of the proposed law, and is not representative of the entire bill
The bill affirms the inherent rights of First Nations communities to self-governance over water resources on, in, and under First Nations lands. It seeks to ensure all related laws, policies, and practices enacted and implemented on First Nations lands are consistent with Section 35 of the Constitution Act, 1982 and UNDRIP.
The bill also proposes a model to facilitate collaboration between First Nations governments and all levels of other government (i e , federal, provincial, and municipal) to protect and manage water resources.
Bill C-61 seeks to establish principles that would guide decisions made by First Nations governments with respect to water services on their lands, as well as minimum national standards for water services that are provided to First Nations communities, overseen by a federal regulatory system.
Bill C-61 requires a full review of the Act five years after its implementation. The Minister of Indigenous Services, together with First Nations governing bodies, will carry out the review by monitoring progress, finding areas for improvement, and assessing whether the bill’s goals are being met.
First
Nations Clean Water Act: The main goal of Bill C-61 is to ensure that First Nations communities have reliable access to clean drinking water and the ability to safely treat and dispose of wastewater.
HIGHLIGHTS OF BILL-C61 (CONT’D)
Main Principles Guiding Bill C-61:
1.
Reliable access to water services: Ensuring that all First Nations communities have reliable access to safe drinking water and effective wastewater disposal services.
Substantive equality: Addressing the wide gap between First Nations communities and other Canadian communities in accessing safe water resources
3.
2. Free, Prior, and Informed Consent (FPIC): Guaranteeing that First Nations communities are fully informed and have consented to actions the government plans to take that affect their water resources.
Main Standards Proposed in Bill C-61:
Drinking Water Quality: The bill allows First Nations to choose to align the quality of drinking water on their lands with either the Guidelines for Canadian Drinking Water Quality or the local drinking water standards in their province or territory.
1 Water Quantity: The quantity of water available must meet all the needs of the First Nation community, including drinking, cooking, sanitation, hygiene, safety, fire protection, and emergency management, considering both current and projected water usage.
3.
2. Wastewater Effluent: First Nations communities also have the choice to align the standards for wastewater effluent on their lands with either the Wastewater Systems Effluent Regulations or the local wastewater standards in the province or territory
COMMUNITY REACTIONS
First Nations governments and organizations across the country are raising concerns that Bill C-61 does not sufficiently ensure access to safe drinking water and wastewater services, instead shifting the burden onto First Nations without adequate support or consultation.
Despite promises to co-develop the bill, the federal government has been criticized for failing to adequately consult First Nations governments and communities. Chief Chris Moonias of Neskantaga First Nation, which has been under a water advisory for 29 years, said that he was not consulted by the government before Bill C-61 was tabled late last year.
At the same time, the Federation of Sovereign Indigenous Nations (FSIN) released a statement echoing similar disappointments about Bill C-61. FSIN Chief Bobby Cameron declared that “The federal water act announced today is not true reconciliation; it is an attempt to legalize the status quo. ” Chief Cameron also highlighted that the bill fails to sufficiently prevent future drinking water crises or address fundamental aspects of Canada's relationship with First Nations in providing clean and safe water
“The federal water act announced today is not true reconciliation; it is an attempt to legalize the status quo. ”
- FSIN Chief Bobby Cameron
COMMUNITY REACTIONS (CONT’D)
Chief Rupert Meneen of the Tallcree Tribal Government in Alberta views the bill as handing over a "broken-down old vehicle" with associated liabilities but without the necessary tools to fix it, in reference to the Safe Drinking Water Act for First Nations (2013). Chief Meneen also raised concerns that new regulatory frameworks may worsen existing issues by failing to address the unique needs of First Nations and complex jurisdictional challenges, particularly with provincial entities that may overlook First Nations' water rights.
Nishnawbe Aski Nation Grand Chief Alvin Fiddler acknowledged that while the introduction of Bill C-61 represents progress in the development of standards and regulations for safe drinking water, it is just the first step.
At the 2024 AFN Annual General Assembly, the AFN expressed concerns with Bill C-61, emphasizing the need for funding commitments, clearer regulations around protection zones, and greater involvement of First Nations in the regulatory process.
IYR’S IMPRESSIONS
As of June 17, 2024, Bill C-61 has passed Second Reading at the House of Commons and is now in consideration by the Standing Committee on Indigenous and Northern Affairs. Parliament broke for the summer on June 19 and returned on September 16, so no progress was made on any bills during the break. We may see progress on Bill C-61 as committee meetings have resumed.
Since its introduction, First Nations governments nationwide have voiced varied concerns about Bill C-61, highlighting several gaps in the proposed law.
Unfortunately, several parallels can be drawn between the development of Bill C-61 and the 2013 First Nations Safe Drinking Water Act in terms of the lack of true consultation and co-development despite the federal government's promises.
Elsewhere at Parliament, Bill C-226 (or the National Strategy Respecting Environmental Racism and Environmental Justice Act) received Royal Assent in June 2024 The law mandates the creation of a national strategy to identify and address the disproportionate environmental harm experienced by marginalized communities This new law could overlap with C-61 and/or create multiple paths for addressing the First Nations' clean water crisis.
Going forward, IYR will monitor progress with Bill C-61 and share any new and important information that arises regarding it
YOUTH & COMMUNITY WATER PROTECTION
On June 4, 2024, Asubpeeschoseewagong First Nation (also known as Grassy Narrows) announced they would be filing lawsuits against the Ontario provincial and federal governments due to a longstanding mercury contamination crisis.
Yellowhead Institute published a brief calling for the protection of water as a sacred element essential to life, advocating for stronger Indigenous governance to ensure water justice and prevent the devastating impacts of water insecurity on mental health and suicide.
The Indigenous, Youth, Water, and Art Initiative (IYAWI) empowers First Nations, Métis, and Inuit youth to address water-related challenges through social art and communitybased approaches. This initiative supports Indigenous communities by fostering leadership, knowledge-sharing, and equitable access to safe water, aiming to improve living conditions and health. IYAWI encourages systemic changes in water management through creative expression and communitybased approaches.
“Water is the lifeblood of mother earth. It’s everything to us. Water is sacred, and it’s a symbol of our sovereignty.”
- Grand Chief Stewart Phillip, Union of British Columbia Indian Chiefs
YOUTH & COMMUNITY (CONT’D)
Land Needs Guardians supports Indigenous nations to care for their lands, waters, and resources, creating jobs and inspiring youth. Across the country, there are over 110 Indigenous Guardian programs running, each uniquely designed by local communities and First Nations with specific cultural and conservation goals in mind.
The Keepers of the Water Youth Engagement program facilitates workshops, art projects, and community initiatives geared towards educating and empowering Indigenous youth to protect water and the environment. In addition, they run a Youth Water Protector program, which involves hands-on activities and teachings that inspire the next generation to advocate for water justice.
Indigenous Climate Action (ICA) is an Indigenous-led organization made up of Indigenous knowledge keepers, water protectors, and land defenders from across the country. ICA connects and supports Indigenous communities to drive climate change solutions
Indigenous Climate Hub is an online community of Indigenous climate leaders who have come together to share their knowledge and experience with climate change adaptation.
“Water quality is an issue that is of great importance to Indigenous communities. Indigenous peoples from coast-to-coast-to-coast see water as the “the giver of life”. Water is the most important life-sustaining element of this planet, without it, life could not exist. Indigenous peoples rely on bodies of water for many purposes such as transportation, drinking water, recreation, harvesting, and agricultural activities. Extreme weather events resulting from climate change, threaten water quality for many Indigenous communities,” from Indigenous Climate Hub
SOURCES AND FURTHER READING
Bill C-61: First Nations Clean Water Act
Bill C-226: Environmental Justice and Environmental Racism Act
Tip of the iceberg: The true state of drinking water advisories in First Nations
Indigenous Safe Drinking Water Crisis in Canada- Overview
Canada Introduces Bill C-61: First Nations Clean Water Act
Prairie First Nations call on Ottawa to rewrite clean water bill
Clean Water bill ‘just the first step,’ NAN Grand Chief says
Federal First Nations clean water bill gets mixed reaction in Sask Conservatives stall Indigenous clean water law, minister says Neskantaga marks 29 years under BWA
UN expert finds 'flagrant breaches' of First Nations rights to clean water
Courts approve settlement agreement to resolve class action litigation related to safe drinking water in First Nations communities
‘Not true reconciliation:’ FSIN reacts to federal bill on water
Water crisis in First Nations communities runs deeper than long-term drinking water advisories
Quantifiable progress of the First Nations Water Management Strategy, 2001–2013: Ready for regulation?
On World Water Day, UBCIC Calls on Governments to Prevent Predicted Water Shortages
Water is a Source of Life
Reconciling our relationships to preserve Mother Earth for future generations: Voices of Indigenous youth leaders on reconciliation
Resistance & Sovereignty at Grassy Narrows First Nation
For more information, to let us know your thoughts, or to suggest a topic for the IYR Explains series, please contact IYR's Centre for Indigenous Policy and Research at centre@indigenousyouthroots.ca
CENTRE FOR INDIGENOUS POLICY AND RESEARCH