Frequently Asked Questions
- Who is on the expert panel and how were they chosen?
- What will the panel do?
- How will the panel operate?
- Why are regulations needed on-reserve?
- Back in March 2006, the Minister of Indian and Northern Affairs announced a plan of action. Is the expert panel part of that plan?
- Will the panel consider the differences in size, geographic location, and socio-economic conditions among First Nations?
- Will the panel's work address the recommendations made by the Auditor General?
- Will the new regulations cover wastewater, source-water protection and privately owned wells and septic systems?
- When will the panel produce a final report?
- What happens once the panel submits its report?
- Will the new regulations replace the current standards?
- Will the new regulations apply to self-governing First Nations?
- Will the expert panel recognize the right of First Nations to develop their own regime?
- If new regulations are enacted, will the government provide additional funds to First Nations to help them satisfy any new requirements?
- How can First Nations get involved in the process?
- How much is the expert panel expected to cost?
- Will the expert panel consider Aboriginal and Treaty Rights as these relate to water?
- Will any immediate action be taken to address the more than 80 communities under boil-water advisories?
- What is happening in the 21 communities deemed most at risk?
1) Who is on the expert panel and how were they chosen?
The chair of the expert panel is Mr. Harry Swain, the former head of the research advisory panel for the Walkerton Inquiry, and the chair of the panel that advised on a water and wastewater strategy for Ontario. The other members are Dr. Steve Hrudey, Professor of Environmental Health Sciences at the University of Alberta, and Grand Chief Stan Louttit of the Mushkegowuk Council.
The panel members have relevant experience in such areas as regulation and legislation, source protection, treatment facilities and public health. Officials from the three partner groups behind the initiative - the Assembly of First Nations (AFN), Indian and Northern Affairs Canada (INAC) and Health Canada - nominated and evaluated candidates based on their expertise and familiarity with relevant issues. Experience in public engagement was also considered. The Minister of INAC appointed the members from the list of nominees.
2) What will the panel do?
The panel will propose a series of options for regulation to ensure safe drinking water for First Nations communities, and will analyze the advantages and challenges of each option. In Fall 2006, the panel will release a paper based on its work.
3) How will the panel operate?
The panel will hold a series of public meetings across Canada to hear from interested parties, such as water and wastewater facility operators and representatives of First Nations. Regional, provincial, territorial and federal officials are also expected to participate. During these public meetings, the panel will gather information and advice on regulatory options.
4) Why are regulations needed on-reserve?
The existing regulatory void on-reserve must be corrected. A regulatory framework is needed to make clear the roles and responsibilities of everyone involved in providing drinking water to First Nations communities, to ensure the safety of the drinking water, and to ensure accountability.
5) Is the expert panel part of the action plan on First Nations water announced by the Minister of Indian and Northern Affairs Canada in March 2006?
Yes, the expert panel is part of the Minister's announced plan. The most recent federal budget built on this plan by committing $450 million to increasing the supply of safe drinking water and housing on reserves, and improving educational outcomes and socio-economic conditions for Aboriginal women, children and families.
6) Will the panel consider the differences in size, geographic location, and socio-economic conditions among First Nations communities?
Yes, the expert panel will analyze all relevant factors.
7) Will the panel's work address the recommendations made by the Auditor General?
Yes. The panel's work will meet the commitment made by INAC and Health Canada to the Commissioner of the Environment and Sustainable Development in response to the September 2005 report of the Auditor General.
8) Will the new regulations cover wastewater, source-water protection and privately owned wells and septic systems?
Given the direct links between drinking water and wastewater, source-water protection, and privately owned wells and septic systems, these issues will certainly be considered by the expert panel when evaluating options. However, it is ultimately up to the expert panel to determine regulatory options and what will be covered by them.
9) When will the panel produce a report?
The panel must submit a report to the Minister of Indian and Northern Affairs Canada by August 31, 2006.
10) What happens once the panel submits its report?
The Minister of Indian and Northern Affairs will share and discuss the report with the National Chief of the Assembly of First Nations, at the Joint Steering Committee on the Recognition and Implementation of First Nations Governments. The Minister will later decide on the next step.
11) Will the new regulatory framework replace the current standards set by the protocol?
If a new regulatory framework is created as a result of the panel's options paper, any new regulations would indeed replace the current federal standards set by the protocol.
12) Will the new regulations apply to self-governing First Nations?
No, self-governing First Nations will not be subject to the new regulations.
13) Will the expert panel recognize the right of First Nations to develop their own regime?
The expert panel will look at all options, including First Nations developing their own regimes.
14) Will the government provide additional funds to First Nations to help them satisfy any new regulatory requirements?
If new regulations are enacted, implementation issues, such as funding requirements, will be discussed and considered through a consultation process.
15) How can First Nations get involved in the process?
First Nations are encouraged to present to the panel at one of the public hearings that will be held across Canada this summer, or to make a written submission, or both.
16) How much is the expert panel expected to cost?
The total estimated cost of the initiative, including ten public hearings, is $1.4 million.
17) Will the expert panel consider Aboriginal and Treaty Rights as these relate to water?
Aboriginal and Treaty Rights are outside the panel's mandate. Should these issues arise, they will be referred to the Joint Steering Committee on the Recognition and Implementation of First Nations Governments, or to the appropriate negotiation tables.
18) Will any immediate action be taken to address the more than 80 communities under boil-water advisories?
The Protocol for Safe Drinking Water in First Nations Communities defines the roles and responsibilities of everyone involved in providing drinking water on reserves, as well as standards. The Protocol is already in effect to deal with the situation in the short term.
INAC is also working to ensure that all water and wastewater system operators are adequately trained and that certified operators oversee all facilities.
19) What is happening in the 21 communities deemed most at risk?
A remedial plan is in place for each of the 21 communities, and actions have already been taken to address training issues and complete minor repairs. It will, however, take a few years to complete the long-term capital improvements needed in 16 of the communities. Indian and Northern Affairs Canada and Health Canada will provide regular updates on these improvements.