Question Period Note: Water and Wastewater

• All Canadians should have access to safe, clean, and reliable drinking water.
• As of June 30, 2020, more than $1.65 billion of targeted funding has been invested to support 626 water and wastewater projects, including 348 that are now completed. These projects will serve 462,000 people in 581 First Nation communities.
• Much work remains, but the results are encouraging with 97 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. 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.
Over $1.5 billion in additional investments were announced on November 30, 2020 to help meet the Government’s commitment to clean drinking water in First Nations communities, including increased support for operations and maintenance of water and wastewater infrastructure on reserves, funding for water and wastewater infrastructure construction, repairs and other initiatives, and funding to continue work to lift all long-term drinking water advisories on public systems on reserves as soon as possible. Funding includes: $616.3 million over six years, and $114.1 million per year ongoing thereafter, to increase the support provided for operations and maintenance of water and wastewater infrastructure on reserves; $553.4 million to continue funding water and wastewater infrastructure on reserve to prevent future drinking water advisories from occurring; and $309.8 million to support and accelerate on-going work to lift all long-term drinking water advisories on public systems on reserves by helping to respond to project delays including those due to COVID-19.
As of June 30, 2020, more than $1.65 billion of targeted funding has been invested to support 626 water and wastewater projects, including 348 that are now completed. These projects will serve 462,000 people in 581 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 territories, 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. As of June 26, 2020, all four First Nation plaintiffs agreed to seek a six-month stay of the litigation to pursue exploratory discussions, and the Court has granted approval of the six-month abeyance as of July 3, 2020. Canada is seeking consent to extend the abeyance for another six months, to continue with exploratory discussions currently underway.

The Okanagan Indian Band filed a claim in August 2019, seeks 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. Canada’s Statement of Defence was filed on September 8, 2020 and have document production deadlines in June and November of 2021.

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. On May 29, 2020, the Curve Lake First Nation amended their Statement of Claim on the class proceeding to include the Neskantaga First Nation and Chief Christopher Moonias as plaintiffs. 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; $1 billion for breaches of Charter rights; $1 billion for breaches of fiduciary duty, negligence and nuisance; and, $100 million in punitive damages.

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. Both the Curve Lake/Neskantaga class action and the Tataskweyak Cree Nation class action have been certified with the consent of Canada. Discussions continue with Plaintiffs on the next steps.

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. The proposed class action proceeding was amended in early August 2020, to extend representation to all First Nations people (status and non-status), Inuit and Métis people living on and off reserve. The Court has been advised of the death of the plaintiff in this proposed class action. Plaintiff’s counsel has yet to advise on whether an alternate representative Plaintiff will be sought following the passing of Michael Isnardy, or if the claim will be discontinued.

If pressed on new investments in clean drinking water in First Nations communities

• We are working in partnership with First Nations to improve access to safe drinking water and end long-term drinking water advisories on public systems on reserves.

• Since 2016 and until 2021, the Government of Canada has committed $2.19 billion to support safe drinking water and the treatment of wastewater on reserves.

• On November 30, 2020, an additional $1.5 billion was announced to help meet the government’s commitment to clean drinking water in First Nations communities.
If pressed on COVID-19 and timelines for DWAs
• Much work remains, but the results are encouraging with 97 long term drinking water advisories lifted to date.
• We are also 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, 171 short term advisories have been prevented from becoming long term through these investments.
• We remain committed and will continue to work in partnership with communities to end all long-term drinking water advisories on public systems on reserve.
If pressed on water issues other than LTDWAs:
• 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, 171 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 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 short-term drinking water advisories:
• 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 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.