Question Period Note: Water and Wastewater

All Canadians should have access to safe, clean, and reliable drinking water.
Our Government is working to lift all long-term drinking water advisories on public systems on reserve by March 2021.
Budget 2019 dedicated an additional $739 million over five years, to support ongoing efforts to eliminate and prevent long-term drinking water advisories.
Much work remains, but the results are encouraging with 87 long term drinking water advisories lifted to date.

ISC is working in full partnership with First Nation communities, including with First Nations technical advisors and leaders, to support sustainable First Nations-led approaches to ensure that on-reserve water systems are safe. This includes Technical Services Advisory Group in Alberta (TSAG), the Ontario First Nations Technical Services Corporation (OFNTSC), the Atlantic Policy Congress, and technical service delivery Hubs pilot projects in Ontario. ISC also works directly with First Nations to assist communities in monitoring drinking water quality in all water systems, which includes providing advice and guidance about drinking water safety and wastewater disposal, and reviewing infrastructure project proposals from a public health perspective.
As part of Budget 2016, the Government of Canada committed to end by March 2021 all long-term drinking water advisories affecting public systems on reserve. Phase 1 of the Investing in Canada infrastructure plan supports this goal by providing an unprecedented $1.8 billion over five years for First Nation communities to significantly improve on-reserve water and wastewater infrastructure, ensure proper facility operation and maintenance, and strengthen capacity by enhancing the training of water system operators. Budget 2016 also included $141.7 million over five years in new funding to the Department to improve drinking water monitoring and testing on reserve. In addition, Budget 2017 provided $49 million over 3 years to address advisories as part of the expanded scope which added 24 long-term drinking water advisories to the Government’s commitment. Budget 2018 committed an additional $172.6 million over three years to support initiatives to accelerate, where possible, the pace of construction and renovation of affected water systems, support repairs to high-risk water systems and assist efforts to recruit, train and retain water operators. These funds will also support efforts to establish innovative First Nations-led service delivery models. Lastly, Budget 2019 commits an additional $739 million over five years, beginning in 2019-20, with $184.9 million per year ongoing. This investment will support ongoing efforts to eliminate and prevent long-term drinking water advisories by funding urgent repairs to vulnerable water systems and the operation and maintenance of water systems so that First Nations communities can effectively operate and maintain their public drinking water systems.
As of June 30, 2019, more than $.124 billion of targeted funding has been invested to support 552 water and wastewater projects, including 226 that are now completed. These projects will serve approximately 458,000 people in 581 First Nation communities.
In 2014, the Tsuu T’ina Nation, the Sucker Creek First Nation, the Ermineskin Cree Nation and the Blood Tribe, with reserves located in Treaties 6, 7 and 8, sued Canada alleging Canada created and sustained unsafe drinking water conditions on their reserves and throughout Canada. The First Nations claim declarations and damages for breach of fiduciary duty, breach of the Honour of the Crown, and breaches of sections 7 and 15(1) of the Charter. The Assembly of First Nations has passed resolutions supporting this litigation. This action has been stayed by the Federal Court on consent of the parties for one-year periods since the fall of 2015. During this timeframe, the parties entered into “without prejudice” meetings and discussions to resolve their concerns about safe drinking water in these First Nations’ reserves, and to resolve the proceedings by agreement or by narrowing the issues out of court. The stay expired on September 19, 2019 and the file is in Case Management, in the Federal Court.
The Okanagan Indian Band is also seeking declarations that Canada has breached its fiduciary duty, breached the Honour of the Crown, violated the Charter and breached its obligations under the Constitution by failing to create and sustain safe water conditions on First Nations’ reserves. The Band seeks a declaration that Canada is obliged to remedy the unsafe drinking water conditions on reserve, with supervision of the Court, an order for damages and that Canada disgorge any savings made from failing to provide adequate water supplies to the Band.
The Curve Lake First Nation and Chief Emily Whetung, on her own behalf and on behalf of all members of the First Nation, claim that Canada has failed to address the inadequacies of their access to potable water and the resulting human consequences. The Plaintiffs seek declarations that Canada has breached its fiduciary duty, breached the Honour of the Crown, violated the Charter and, breached its obligations under the Constitution by failing to address the inadequacies of their access to potable water. The Plaintiffs further seek the immediate construction of appropriate water systems; $100 million for breaches of Charter rights; $100 million for breaches of fiduciary duty, negligence and nuisance; and, $20 million in punitive damages. Discussions continue with the Chief and Project Team on the next steps to advance a currently unfunded proposed $50M+ water project, including opportunities for a phased approach. The Chief has invited the Regional team to visit the community in 2020.

If pressed on water issues other than LTDWA’s

We remain steadfast and on track to end all long-term drinking water advisories on public systems on reserve by March 2021.
However, we know there is more to do.
We are providing sustainable investments to prevent short-term advisories, expand delivery systems, build capacity of and retain local water operators, and support regular monitoring and testing.
To date, 143 short term advisories have been prevented from becoming long term through these investments.
We know our plan is working and we will continue working with partners to improve access to clean water on reserve.

Single use plastic (including plastic water bottles)

Our government is taking bold action to ban harmful single use plastics.
This ban comes into effect in 2021 – the same time at which we have committed to lifting all long term drinking water advisories on reserve so that communities have access to safe, clean, and reliable drinking water.
We are well on our way to doing so, with 87 long term drinking water advisories lifted since 2015, and 143 short term advisories prevented from becoming long term.

Safe Drinking Water for First Nations Act

We are steadfast and on track towards the goal of ensuring that all First Nations communities have access to safe, clean and reliable drinking water.
Our Government is working with First Nation leaders, communities and organizations to co-develop long term solutions to ensure clean drinking water for all communities.
We will continue to work with the Assembly of First Nations, who is leading engagements to find solutions to the concerns First Nations raised with the current Act.

If pressed on training and certification of water operators

We know that regular and proper maintenance is essential to ensuring access to well-functioning water systems.
Budgets 2016 and 2018 dedicated funds to First Nation communities to train operators of water and wastewater systems, with the goal of skill retention in their communities.
Annually, we spend approximately $15 million on First Nations water and wastewater operator training.
We are working closely with First Nation communities to ensure they have the resources they need to operate water systems to ensure everyone has access to safe drinking water on reserve.

Water Operator Salary Gap

Water operators are key to ensuring communities have access to clean drinking water and reliable infrastructure.
We recognize that competitive salaries are central to retaining operators.
We are working closely with First Nations to ensure they have the resources they need to operate and maintain their water systems, including by reforming how we fund operations and maintenance of infrastructure, as well as operator salaries.
We are also supporting efforts to recruit, train and retain water operators across the country.

Short-term drinking water advisories

By working in partnership with communities, we are on track to lifting all long-term drinking water advisories on public systems on reserve by March 2021.
We know that water needs are dynamic, and short term advisories can arise for a number of reasons such as water line breaks, equipment failure, maintenance or weather issues.
While most of these situations are resolved quickly by the community operators, we continue to work closely with those communities that require support.

If pressed on Safe Drinking Water Litigations

There is no relationship more important to Canada than our relationship with Indigenous Peoples.
All Canadians should have access to safe, clean, and reliable drinking water.
Canada respects the right of Indigenous groups to seek the Court’s direction.
Canada will continue working with the First Nations to develop and implement plans for addressing their water system needs.