Canada to table First Nations drinking water legislation amid consultation concerns

Indigenous Services Minister Mandy Gull-Masty is expected to introduce long-awaited legislation governing clean drinking water in First Nations communities today. The bill's tabling comes as the House of Commons prepares to rise for its summer break, meaning debate and a vote are unlikely until the fall. A draft of the bill, obtained by The Canadian Press and marked "for consultation until June 11, 2026," suggests potential changes since the consultation period ended.

This new legislation follows a previous bill introduced in 2023 by then-Indigenous Services Minister Patty Hajdu. That bill, a response to a 2021 lawsuit settlement, aimed to provide clean drinking water and included provisions for source water protection and the recognition of water as a human right. However, it faced opposition from Alberta and Ontario, who argued it could impede resource development. The previous bill died when Parliament was prorogued.

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It is declared to be the policy of the Government of Canada to further the progressive realization, for individuals on First Nation lands, of the human right to safe drinking water, as protected by the International Covenant on Economic, Social and Cultural Rights.

While both versions of the legislation share the goal of ensuring safe drinking water and wastewater treatment for First Nations, the new draft reportedly softens the language that explicitly affirmed water access as a human right. The previous bill stated, "it is recognized and affirmed that it is a human right of every individual on First Nations land to have access to clean and safe drinking water in accordance with this Act." The new draft, however, declares it the "policy of the Government of Canada to further the progressive realization... of the human right to safe drinking water," a term implying a more gradual implementation.

Despite promises made last summer and in the fall to introduce the legislation, Gull-Masty faced delays. Some First Nations leaders have also expressed concerns about not being consulted on the latest draft. The new legislation does include a preamble acknowledging women as water keepers and elders' traditional knowledge in water governance, but the shift in language regarding the human right to water remains a point of contention.

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it is recognized and affirmed that it is a human right of every individual on First Nations land to have access to clean and safe drinking water in accordance with this Act.