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Safe Drinking Water For First Nations
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Frequently Asked Questions On The Final Report

How did you engage First Nations and non-governmental organizations? What was their main concern?

A series of public hearings were held across Canada over the summer 2006. Over the course of the hearings, more than 110 presentations were given by representatives from First Nations communities, First Nations organizations and private sector organizations.

The most insistent theme heard from First Nations was the inadequacy of resources, mainly in terms of funding to run water systems and also, for many communities, long waiting lists to get capital funding. The well-trained operators and the support from Chief and Council were also a concern expressed by the First Nations.

What are the five options recommended by the expert panel?

The following five options were considered by the Panel, including advantages and drawbacks of each of them:

  1. To apply existing provincial laws to Indian reserves;
  2. Regulations could be made under existing federal statutes;
  3. Parliament could enact a new legislation setting uniform federal standards and requirements;
  4. Parliament could enact a new legislation referencing provincial regulatory regimes;
  5. Development of a basis of customary law by First Nations, and then enshrine this basis in new federal legislation.

Why is a regulatory framework 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.

How did the panel define "safe drinking water"?

Based on the Walkerton Inquiry, the expert panel stated that the best definition would be: "to ensure that drinking water systems deliver water with a level of risk so negligible that a reasonable and informed person would feel safe drinking the water."

What pre-conditions does the panel suggest putting in place for the success of any proposed option?

The expert panel suggested that the following three conditions be fulfilled by the Department of Indian Affairs before putting in place any regulatory framework:

  1. Obtain First Nations acceptance;
  2. Provide adequate resources;
  3. Address high-risk communities in the first place.

Will the new regulatory framework replace the current standards set by the protocol?

If a new regulatory framework is developed, any new regulatory regime would indeed replace the current federal standards set by the protocol.

What are the main challenges and complexities that contributed to the current situation, in which First Nations communities are considered at risk because of water problems?

The majority of First Nations water systems are in small communities. In addition, a large number of communities, which represent more than 65,000 people, are in remote locations. For these reasons, most communities are facing challenges such as high capital and operating costs, difficulty to find, train and keep qualified operators and problems to get emergency help and supplies when crisis situation occurs.

Will the new regulatory framework 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 when the option will be chosen.

Will the differences in size, geographic location, and socio-economic conditions among First Nations communities be taken into consideration when developing a regulatory regime?

The option chosen will be pursued specifically for First Nations communities, and will therefore take into account all factors that influence First Nations communities, including their size and geographic location.

Will further consultations take place within the First Nation communities?

Depending on the option chosen by the Minister, some elements of a regulatory framework would certainly require further consultations with First Nations.

What are the next steps?

The Minister of Indian and Northern Affairs will review the report and in consultation with his colleagues, he will make a decision on the next steps.