First Nations may be ‘punished’ under new federal water bill

National Chief Shawn A-in-chut Atleo has grave concerns about Bill S-11, the Safe Drinking Water for First Nations Act.
“If the bill went through as it is, it could expose First Nations to being punished for not meeting these new regulations for the reason that they have no ability to meet them,” Atleo said Feb. 22 during a media conference. “If you’re going to bring in a bill, first of all it must be, as it says in the declaration (UN Declaration on the Rights of Indigenous Peoples), done jointly. That was not done with S-11.”
Atleo said the government also needs to ensure that the resources come with the establishment of the regulations, such as having resources in the community, proper skills and training and proper equipment and facilities.
“Right now, not only is there no guarantee that it (Bill S-11) will do anything to support clean drinking water, it will provide all kinds of emphasis on First Nations without supporting them to have the actual tools to carry the work out,” Atleo said. “So it could actually make conditions worse, the way the bill is currently constructed.”
Bill S-11, which was introduced in the Senate May 26, 2010, provides for the development of federal regulations governing the provision of drinking water, water quality standards and the disposal of waste water in First Nations communities. The bill also establishes that federal regulations developed in this regard may incorporate provincial regulations governing drinking water and waste water in First Nations communities.
“Any reference to regulations at the provincial level could expose First Nations to other third parties stepping in and it could expose First Nations to having their treaty rights and title and rights really overstepped and completely trampled on,” Atleo said.
Grand Chief Stan Beardy is concerned that if First Nations cannot meet the water quality standards or capacity, the water system could fall under a different jurisdiction.
“It could be the province and then the First Nation will not have anything to do with it (the community’s water system) after that,” Beardy said. “Somebody will run it and then the community will not have too much say.”
Beardy said there is no guarantee the Bill S-11 recommendations will come with adequate resources to make sure First Nations can meet the capital infrastructure standards or train local personnel to operate the infrastructure.
“There is no indication at this point in time that additional resources will be available for those First Nations to (meet) the program requirements,” Beardy said, noting that at any point in time up to 50 per cent of NAN First Nations are on boil water advisories. “The problem right now is that we’re told you have to be on a waiting list (for) inadequate capital to be able to bring those systems up to standards. From day one you are at a disadvantage to managing your own systems.”
Atleo stated during a Feb. 8 presentation to the Standing Senate Committee on Aboriginal Peoples that Bill S-11 gives the federal cabinet broad and sole authority to incorporate by reference any provincial law that cabinet considers necessary and there is nothing to suggest a limit on this authority with respect to provincial water allocation and licensing laws.
Atleo added that Bill S-11 is unnecessarily broad and over reaching.
An Indian and Northern Affairs Canada spokeswoman said Canada does recognize that many First Nation communities do face unique water challenges.
“The ability to meet federal regulatory requirements may vary from province to province and territory to territory,” said Margot Geguld, INAC media relations.
“In recognition of these unique challenges, we will seek a phased in approach for regulations so that implementation coincides with a community’s ability to meet regulatory requirements.”
Geguld said the phased in approach will help ensure First Nations and system operators have time to familiarize themselves with the new regulatory environment.
“There is going to be a consultation process,” Geguld said. “The different options that are being looked at are also being discussed during the consultations with First Nations and other stakeholders.”