🍁 civid v1

Status and scope

• Bill C-37 is at second reading. The supplied text is the first-reading version.
• It concerns water, source water, drinking water, wastewater and related infrastructure on First Nation lands. It affects First Nations and their governing bodies, people using water services on those lands, water service providers and governments.
• Its definition of First Nation lands excludes lands over which Aboriginal title is claimed or has been confirmed by a court.

Rights and jurisdiction

• The bill declares a federal policy of furthering the progressive realization of the human right to safe drinking water for individuals on First Nation lands.
• It affirms that the section 35 right of self-government includes First Nations’ authority to make, administer and enforce laws concerning water and related infrastructure on their lands. Jurisdiction can extend to water in an adjacent protection zone if the First Nation, Canada and the relevant province or territory agree on how their laws will be coordinated.
• First Nation laws generally prevail over conflicting federal laws, subject to specified exceptions. Those exceptions include several environmental and navigation statutes, the bill’s minimum standards, and the Canadian Human Rights Act. Modern treaties and self-government agreements prevail over conflicting provisions of the bill.
• Governing bodies must publish their laws as soon as feasible and may delegate jurisdiction with the recipient’s consent. The Canadian Charter of Rights and Freedoms applies to their exercise of this jurisdiction.

Standards and regulations

• Drinking water must meet at least either federal drinking-water guidelines or the relevant provincial or territorial standards, as chosen by the governing body. A similar choice applies to federal or provincial and territorial wastewater effluent standards.
• Water quantity must meet drinking, sanitation, safety, fire protection and emergency needs, taking account of cultural and spiritual needs and projected use. The standards apply to public and private systems.
• If a governing body does not choose a quality or effluent standard, the minister must determine which option is highest, in consultation and cooperation with it.
• The federal government could make regulations on matters including source-water protection, operator certification, inspections, permits, offences and penalties. Recommendations must reflect co-development with First Nation governing bodies. A First Nation law may exclude the application of those regulations to its lands.
• The minister must define “protection zone” by regulation. At a governing body’s request, the minister may make regulations to administer and enforce its laws in a protection zone; those regulations cannot take effect without the governing body’s free, prior and informed consent.

Agreements and funding

• The bill permits agreements on jurisdiction, funding, source-water protection, services, and the administration and enforcement of laws. A First Nation affected by certain agreements with another government must, at its governing body’s choice, be a party or be consulted.
• The minister must co-develop a needs-assessment and funding-allocation framework with First Nation governing bodies. Canada must make best efforts to provide needs-based funding and funding for services comparable to those in non-Indigenous communities. Agreements arising from the framework may include long-term grants.
• Separately, the minister must fulfill Canada’s obligations and implement its commitments under the specified 2021 drinking-water class-action settlement. Canada must provide at least the settlement’s commitment expenditures. The bill does not state an amount.

Liability and water commission

• The bill provides protection from damages proceedings for employees or hired persons acting in good faith in providing water services. It also provides conditional liability protections for First Nation governing bodies and Canada, linked to whether Canada made best efforts to provide adequate funding.
• The minister must consult and cooperate with governing bodies on terms of reference for establishing a First Nations-led not-for-profit corporation. Its potential functions include monitoring support, advice, recommendations and planning. Canada must make best efforts to provide sustainable funding for the terms of reference.

Deadlines and reporting

• The Act would come into force one year after royal assent.
• The minister must make best efforts to begin consultation on default standards within 90 days of the relevant provision coming into force, and to begin work on federal regulations and the corporation’s terms of reference within six months.
• The funding framework must be completed within one year, unless a longer period is requested by the minister or First Nation governing bodies.
• The minister must report annually on consultations under the Act. A review must begin on the fifth anniversary of the relevant provision coming into force, with a report tabled before the sixth