Question Period Note: Water and Wastewater

• All Canadians should have access to safe, clean, and reliable drinking water.
• We are working in partnership to lift all long-term drinking water advisories on public systems on reserve by March 2021.
• As of December 31, 2019, more than $1.44 billion of targeted funding has been invested to support 602 water and wastewater projects, including 276 that are now completed. These projects will serve 464,000 people in 586 First Nation communities.
• Much work remains, but the results are encouraging with 88 long term drinking water advisories lifted to date.

BACKGROUND

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 December 31, 2019, more than $1.44 billion of targeted funding has been invested to support 602 water and wastewater projects, including 276 that are now completed. These projects will serve approximately 464,000 people in 586 First Nation communities.
It should be noted that Drinking water advisories (DWAs) are issued to protect the public from drinking water that is potentially unsafe, or confirmed to be unsafe, based on water quality testing. DWAs are issued by First Nations in their communities and off-reserve by provincial, territorial or municipal governments.
Communities may also choose to issue a DWA as a precautionary measure, such as when there are emergency repairs in the water distribution system or if a community does not have a trained Water System Operator or Community-Based Drinking Water Quality Monitor in place. Some DWAs are short-term to advise residents of a temporary water quality issue on a specific water system (e.g: equipment failure).
The government is working closely with First Nations by providing sustainable investments, expanding delivery systems, building capacity of and retaining local water operators, as well as supporting regular monitoring and testing on all drinking water systems to prevent short-term and re-occurring advisories.
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. The Chief has invited the Regional team to visit the community in 2020.
The Tataskweyak First Nation has filed a national class proceeding involving any First Nation band that has had a drinking water advisory lasting a year or more since 1995. The Band claims Canada breached its fiduciary duties, breached the honour of the Crown, breached the Charter, section 36(1)(c) of the Constitution Act, and is liable for individual causes of action like nuisance and negligence.
Michael Daryl Isnardy (Toosey First Nation in BC), filed a proposed class action proceeding as an individual plaintiff in the Federal Court, representing aboriginal and First Nation persons unable to consume or use water from their community water systems on First Nation reserves. He claims the Crown created, sustained and allowed unsafe drinking water conditions, and is seeking declarations that Canada breached its fiduciary duty and duty of care to the community, violated sections 7 (life, liberty and security of the person) and 15(1) (equality right) of the Charter and, breached its obligations under paragraph 35(1) of the Constitution Act.

If pressed on water issues other than LTDWA’s :
• We remain steadfast 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, 154 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.

If pressed on single use plastic commitment (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 88 long term drinking water advisories lifted since 2015, and 154 short term advisories prevented from becoming long term.

If pressed on Safe Drinking Water for First Nations Act :
• We are committed 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.

If pressed on Water Operator Salary Gap :
• Water operators are key to ensuring communities have access to clean drinking water and reliable infrastructure.
• Budget 2019 dedicated an additional $739 million over five years, to support ongoing efforts to eliminate and prevent long-term drinking water advisories.
• 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.

If pressed on short-term drinking water advisories:
• By working in partnership with communities, we remain committed 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, and maintenance or weather issues.
• Budget 2019 dedicated an additional $739 million over five years, to support ongoing efforts to eliminate and prevent long-term drinking water advisories.
• 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 Trihalomethanes (THMs) in Drinking Water:
• Our Department tests community water supplies quarterly for trihalomethanes (THMs), as per national guidelines. The results are provided to First Nations.
• If an exceedance is identified, we work in collaboration with communities to reduce the level of THMs and other disinfection by-products (DBPs) in community drinking water supplies.
• Since 2017, the total number of First Nation community drinking water systems with an exceedance above the maximum acceptable concentration (MAC) has decreased.

If pressed on what action the government has taken to date on trihalomethanes :
• Disinfection by-products called trihalomethanes (THMs) and haloacetic acids (HAAs) are formed naturally in any water system when chlorine in water combines with organic matter like leaves or other vegetation.
• The benefits of disinfecting drinking water with chlorine are much greater than the potential health risks of being exposed to higher levels of disinfection by-products.
• Systems with exceedances are identified and tracked by ISC. This allows us to work with the First Nation to plan for how we will address these systems.

If pressed on Safe Drinking Water Litigations:
• All Canadians should have access to safe, clean, and reliable drinking water.
• We respect the right of Indigenous groups to seek the Court’s direction.
• We will continue working with the First Nations to develop and implement plans for addressing their water system needs.
• Much work remains, but the results are encouraging with 88 long term drinking water advisories lifted to date and 154 short-term advisories prevented from becoming long-term.

If pressed on Lead in Drinking Water :
• Since 2003, we have been supporting the monitoring of drinking water for lead in First Nation community water systems south of 60 degrees parallel.
• In March 2019, Health Canada published a revised guideline for lead in drinking water. All regions have started to implement this enhanced monitoring.
• This enhancement includes testing every drinking water fountain or cold-water tap where water is used for drinking or food preparation in children’s facilities.

COVID-19 and drinking water:
• We are working with communities to minimize the impact of COVID-19 on the continued provision of safe, clean drinking water.
• We remain in contact with all communities and back-up plans are in place to support continuity of water and wastewater service provision throughout the pandemic.
• Emergency support for system operation remains available to First Nations communities, including through the Circuit Rider Training Program. As well, Operations and Maintenance funding continues to flow to First Nations communities to support effective water operations.

If Pressed on COVID-19 and drinking water
• Environmental Public Health Officers continue to work directly with First Nations to assist them in monitoring drinking water quality, which includes providing advice and guidance from a public health perspective.
• This includes supporting the role of Community-based Water Monitors to ensure the health of their communities through the consistent monitoring of the drinking water supply and prompt notification of any unsatisfactory samples.
• We continue to work closely with individual communities and partners to coordinate resources and keep communities safe.

If pressed on COVID-19 and DWAs:
• During a Boil Water Advisory or Do Not Consume Advisory, tap water can still be used to wash hands with soap and water and for personal hygiene.
• If a Do Not Use Advisory is in place, bottled water with soap or hand sanitizer with at least 60% alcohol should be used to wash hands.
• Letters have been sent to First Nations communities currently on a Drinking Water Advisory. For these communities, ISC provides supplies such as bottled water, and hand sanitizer where needed.

Insufficient COVID-19 Related Infrastructure:
• We recognize the infrastructure challenges faced by many First Nations, Inuit, and Métis Nation communities.
• We are exploring all options to address COVID-19 community infrastructure needs, including supporting temporary isolation and testing facilities, and additional staff.
• We have been clear that supports for Indigenous communities are not limited by financial capacity.
• We will continue to work closely with individual communities and partners to coordinate resources and keep communities safe.