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Bill C-61

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-61
An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands
FIRST READING, December 11, 2023

MINISTER OF INDIGENOUS SERVICES
91111


SUMMARY

This enactment affirms that the inherent right to self-government, recognized and affirmed by section 35 of the Constitution Act, 1982, includes the jurisdiction of First Nations in relation to water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands. It sets out principles, such as substantive equality, to guide the provision for First Nations of clean and safe drinking water and the effective treatment and disposal of wastewater on First Nation lands. It provides for minimum standards for water quality and quantity and wastewater effluent. It also provides pathways to facilitate source water protection.

Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS

An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands
  

Preamble

Short Title
1 

First Nations Clean Water Act

Definitions
2 

Definitions

Rights
3 

Rights of Indigenous peoples

Purpose
4 

Purpose

Principles
5 

Reliable access to water services

Jurisdiction
6 

Affirmation

7 

Application

8 

Limitation

9 

Publication

10 

Delegation

Conflicts
11 

First Nation laws

12 

Modern treaties and self-government agreements

13 

Regulations

Standards
14 

Drinking water quality

15 

Water quantity

16 

Wastewater effluent

17 

Clarification

18 

If no choice made

Regulations
19 

Governor in Council

20 

Consultation — proposed recommendation

21 

Minister — protection zone

22 

Minister — enforcement

Agreements
23 

Support for exercise of jurisdiction

24 

Administration and enforcement of First Nation laws

25 

Other agreements — source water, services, etc.

Powers, Duties and Functions of Minister
26 

Best efforts — access to drinking water

27 

Consultation — funding allocation

28 

Support

29 

Environmental protection

Obligations of Government of Canada
30 

Funding — needs

31 

Funding — comparable services

32 

Funding — First Nations Water Commission

Settlement Agreement
33 

Obligations and commitments

34 

Commitment expenditures

35 

Clarification

General
Grants
36 

Grants

Immunity
37 

Employees and hired persons

Other Federal Ministers
38 

Clarification

First Nations Water Commission
39 

Terms of reference

40 

Tabling of corporation’s report

Annual Report
41 

Annual report

Five-Year Review
42 

Report

Coordinating Amendment
43 

Bill S-13

Coming into Force
44 

Order in council



1st Session, 44th Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-61

An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands

Preamble

Whereas the stewardship, the protection and the sustainable use of water are of fundamental value to First Nations;

Whereas the health, safety and well-being of First Nations must be the primary consideration in every aspect of the provision of water services;

Whereas clean and safe water is integral to the traditions, customs and practices of First Nations, particularly in relation to sustenance, transportation, trade, agriculture, cleaning and purification, and it is essential for the habitat of the plant, fish and other animals that are the source of food and medicines;

Whereas it is desirable that First Nations’ knowledge of water stewardship be incorporated into federal laws and policies regarding water services on First Nation lands;

Whereas it is desirable to establish national principles, including the principle of substantive equality, that will guide all decision making regarding water services for First Nations;

Whereas Parliament affirms the need to take into account the lived experience, and to address the needs, of First Nations persons, including those of elders, parents, youth, children, persons with disabilities, women, men, gender-diverse persons and two-spirit persons, and specifically of those who have compromised health due to inadequate quality and quantity of drinking water, wastewater treatment and disposal and related infrastructure;

Whereas Parliament recognizes that regulatory gaps, policy gaps and underfunding have resulted in inadequate infrastructure for the provision of drinking water and wastewater treatment and disposal on First Nation lands and that those gaps and that underfunding have contributed to social and health conditions that are not equal to those of other people in Canada and to long-term drinking water advisories on First Nation lands, and have left First Nations in vulnerable circumstances that must be addressed;

Whereas Parliament recognizes that jurisdiction over water services by First Nations is a primary means of achieving self-determination by First Nations and that there is a need for a transparent and clear process for First Nations to exercise that jurisdiction;

Whereas Parliament recognizes that regulatory measures will help ensure reliable access to clean and safe drinking water and effective treatment and disposal of wastewater on First Nation lands;

Whereas Parliament recognizes the inherent right of self-government as an existing right under section 35 of the Constitution Act, 1982, which includes, for First Nations, jurisdiction in relation to water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands, and is committed to supporting the implementation of that right, in particular through affirming that First Nations have authority to make and enforce laws in relation to water, source water, drinking water, wastewater and related infrastructure;

Whereas Parliament recognizes the role of First Nation women as water protectors in First Nations water ceremony and in water governance and management;

Whereas Parliament recognizes the role of First Nation Elders as keepers of traditional knowledge that is of vital importance to water governance and management;

Whereas the Government of Canada plays a key role in ensuring that substantive equality is achieved in respect of the provision of First Nations water services;

Whereas the Government of Canada recognizes that modern treaties and self-government agreements respecting rights recognized and affirmed by section 35 of the Constitution Act, 1982 set out and describe, among other rights, the land and resource rights and the inherent right of self-government of their respective Indigenous signatories;

Whereas the Government of Canada recognizes that Indigenous parties to modern treaties and self-government agreements respecting rights recognized and affirmed by section 35 of the Constitution Act, 1982 exercise their rights in a manner that is consistent with the terms of their respective treaties and agreements as they may evolve through amendments, or through any processes for periodic renewal;

Whereas the Government of Canada acknowledges

that First Nations, the Government of Canada and provincial, territorial and municipal governments all have responsibilities related to clean and safe drinking water and that they exercise those responsibilities within the limits of their respective jurisdictions and that the protection and sustainable use of source water is critical for the cost-effective and efficient provision of water services on First Nation lands;

that it is desirable that First Nations, the Government of Canada and provincial, territorial and municipal governments continually collaborate and engage with each other to ensure the protection and sustainable use of source water, the reliable access to clean and safe drinking water and the effective treatment and disposal of wastewater on First Nation lands;

that it has committed to implement the United Nations Declaration on the Rights of Indigenous Peoples, including Articles 18, 19, 22, 28 and 29 as they relate to water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands;

that under the United Nations Declaration on the Rights of Indigenous Peoples Act, it must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with that Declaration;

that First Nations have made multiple calls for water services funding that is adequate, predictable, stable, sustainable, needs-based and consistent with the principle of substantive equality in order to secure long-term positive outcomes for First Nations; and

that the General Assembly of the United Nations and the United Nations Human Rights Council have passed resolutions that recognize the right to safe and clean drinking water and sanitation as a human right;

Whereas the Government of Canada recognizes

that First Nations have authority over the creation and use of data and information relating to water services and that it is critical that First Nations control their own data and information, including their traditional knowledge, relating to water services; and

the necessity of collaborating with First Nations to protect and promote public health and protect the environment by ensuring reliable access to clean and safe drinking water and the effective treatment and disposal of wastewater on First Nation lands;

Whereas the Government of Canada is committed

to reconciliation with First Nations, including through affirming, recognizing and upholding their rights under section 35 of the Constitution Act, 1982; and

to strengthening its collaboration with First Nations, and to taking traditional knowledge into account in all decision making regarding water services on First Nation lands, including with respect to measures related to water services on First Nation lands that can mitigate climate change;

And whereas Parliament recognizes the value of a review of the operation of this Act at a future date, in collaboration with First Nations, to ensure that the Act is meeting its purposes;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the First Nations Clean Water Act.

Definitions

Definitions

2 The following definitions apply in this Act.

First Nation governing body means a council, government or other entity that is authorized to act on behalf or for the benefit of a First Nation that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.‍ (corps dirigeant)

First Nation lands means lands of a First Nation that are referred to in Class 24 of section 91 of the Constitution Act, 1867 and includes water and source water on, in and under those lands. They do not include lands over which Aboriginal title is claimed by a First Nation or has been confirmed by a court.‍ (terres)

First Nation law means a law made in the exercise of the jurisdiction referred to in section 6.‍ (texte législatif)

Minister means the Minister of Indigenous Services.‍ (ministre)

protection zone has the meaning assigned by regulations made under subsection 21(1).‍ (zone de protection)

Settlement Agreement means the Settlement Agreement entered into by Her Majesty the Queen in Right of Canada on September 15, 2021 in respect of the class action relating to long-term drinking water advisories for impacted First Nations.‍ (entente de règlement)

water services means services and systems for, and infrastructure related to,

  • (a) the public or private collection, storage, treatment and distribution of water intended for drinking or for sanitation or hygiene purposes; and

  • (b) the collection, treatment and disposal of wastewater.‍ (services relatifs à l’eau)

Rights

Rights of Indigenous peoples

3 (1) This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

Definition of Indigenous peoples

(2) For the purposes of subsection (1), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.

Purpose

Purpose

4 The purpose of this Act is to

  • (a) ensure that First Nations have reliable access to a sufficient, adequate and safe quantity and quality of drinking water — and reliable access to effective treatment and disposal of wastewater — to assist First Nations in achieving the highest attainable standard of health, safety and well-being;

  • (b) affirm the inherent right of First Nations to self-government, which includes jurisdiction in relation to water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands;

  • (c) ensure that laws in relation to water services on First Nation lands, and policies and practices implementing those laws, are consistent with section 35 of the Constitution Act, 1982 and the United Nations Declaration on the Rights of Indigenous Peoples;

  • (d) establish principles applicable to decision making regarding water services on First Nation lands, minimum national standards for the provision of water services on First Nation lands and a federal regulatory regime respecting those services;

  • (e) facilitate the closing of the gaps with respect to infrastructure, socio-economic status, governance and health and well-being in relation to water services between First Nations persons and persons in non-Indigenous communities; and

  • (f) facilitate collaboration between First Nations and federal, provincial, territorial and municipal governments through transboundary source water protection planning and the entering into of agreements to protect source water.

Principles

Reliable access to water services

5 (1) The making of decisions under this Act is to be guided by the principle that First Nations are to have reliable access to water services on First Nation lands, as reflected in the following concepts:

  • (a) reliable access to clean and safe drinking water and the effective treatment and disposal of wastewater are fundamental to the protection and promotion of community wellness, including public health, and a healthy environment;

  • (b) the effective management and monitoring of all stages of water services delivery, from the protection of source water to the treatment and disposal of wastewater, is necessary to ensure reliable access to clean and safe drinking water;

  • (c) the effective management and monitoring of water services includes

    • (i) a multi-barrier approach that consists of an integrated system of procedures, processes and tools that collectively prevent or reduce the contamination of drinking water, from the collection to the distribution of drinking water, in order to reduce risks to public health,

    • (ii) a comprehensive asset management plan, risk assessment and risk management approach applied to all stages of the delivery of water services,

    • (iii) the training and certification of water services operators, and

    • (iv) sustainable water services;

  • (d) transparency and accountability are to form the basis of the effective management and monitoring of water services; and

  • (e) information and data relating to water services on First Nation lands should be shared between the Government of Canada and First Nations, and be accessible to First Nations, whenever possible and while respecting rights to privacy.

Substantive equality

(2) The making of decisions under this Act is to be guided by the principle of substantive equality in relation to water services, as reflected in the following concepts:

  • (a) the distinct needs of First Nations for reliable access to water services must be addressed in a way that respects First Nations rights and their access must be comparable to that in non-Indigenous communities;

  • (b) First Nations are, without discrimination, to have control over their water services, including any related information management systems and the data and information they contain, and the design, construction, operation, maintenance and management of their water services; and

  • (c) First Nations may, without discrimination, exercise their right to deliver water services through service delivery models designed by them to suit their needs, including through the adoption of innovative approaches and technology.

Free, prior and informed consent

(3) The making of any decision under this Act is to be guided by the principle of free, prior and informed consent referred to in the United Nations Declaration on the Rights of Indigenous Peoples.

Jurisdiction

Affirmation

6 (1) For greater certainty, the inherent right of self-government recognized and affirmed by section 35 of the Constitution Act, 1982 includes jurisdiction in relation to

  • (a) water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands; and

  • (b) water and source water in a protection zone that is adjacent to the First Nation lands of a First Nation, if a governing body of the First Nation, the Government of Canada and the government of the province or territory in which the First Nation lands are located have agreed on an approach to coordinate the application of the First Nation laws of that First Nation, federal laws and the laws of that province or territory in respect of the water and source water in the protection zone.

Scope of jurisdiction

(2) The jurisdiction includes

  • (a) legislative authority in relation to the matters referred to in paragraphs (1)‍(a) and (b) and the power to administer and enforce First Nation laws made under that legislative authority and to provide for dispute resolution mechanisms in those laws; and

  • (b) the ongoing development of First Nation laws based on the distinct traditions, customs and practices of First Nations.

Application

7 The Canadian Charter of Rights and Freedoms applies to a First Nation governing body in the exercise of the jurisdiction referred to in section 6.

Limitation

8 The provisions of the Fisheries Act, the Canadian Navigable Waters Act, the Migratory Birds Convention Act, 1994, the Canada Marine Act, the Canadian Environmental Protection Act, 1999, the Canada Shipping Act, 2001 and the Species at Risk Act and of regulations made under those Acts prevail, to the extent of any conflict or inconsistency, over the provisions of a First Nation law.

Publication

9 A First Nation governing body that makes a First Nation law must, as soon as feasible after it makes the law, publish it on its or on the First Nation’s website, if any, and in the First Nations Gazette.

Delegation

10 For greater certainty, any jurisdiction referred to in section 6 — including in respect of any legislative authority and of the administration or enforcement of a First Nation law — may be delegated by a First Nation governing body, in whole or in part, to the government of a province or territory or to any public body or not-for-profit corporation if the government, body or corporation consents to the delegation.

Conflicts

First Nation laws

11 A provision of a First Nation law prevails, to the extent of any inconsistency or conflict, over a provision of an Act of Parliament or of any of its regulations, other than this section, sections 5, 7 to 9 and 14 to 16 of this Act and the provisions of the Access to Information Act, the Canadian Human Rights Act and the Privacy Act.

Modern treaties and self-government agreements

12 (1) The provisions of modern treaties and self-government agreements respecting rights recognized and affirmed by section 35 of the Constitution Act, 1982 prevail, to the extent of any inconsistency or conflict, over any provision of this Act or of any regulation made under subsection 19(1).

Right to amend

(2) For greater certainty, nothing precludes the parties to the treaties and self-government agreements referred to in subsection (1) from amending them to resolve any inconsistency or conflict referred to in subsection (1).

Regulations

13 Except as otherwise provided in regulations made under subsection 19(1), a provision of those regulations prevails, to the extent of any inconsistency or conflict, over a provision of a by-law made under the Indian Act.

Standards

Drinking water quality

14 Subject to the choice specified by a First Nation governing body, the quality of drinking water on the First Nation lands of that First Nation must at least meet the guidelines set out in the Guidelines for Canadian Drinking Water Quality or the drinking water standards in place in the province or territory where the First Nation lands are located.

Water quantity

15 The quantity of water available on the First Nation lands of a First Nation must meet the drinking, cooking, sanitation, hygiene, safety, fire protection and emergency management needs of the First Nation, based on its current and projected water usage needs.

Wastewater effluent

16 Subject to the choice specified by a First Nation governing body, wastewater effluent on the First Nation lands of that First Nation must at least meet the standards set out in the Wastewater Systems Effluent Regulations or wastewater effluent standards in place in the province or territory where the First Nation lands are located.

Clarification

17 For greater certainty, sections 14 to 16 apply to both public and private water systems that are on First Nation lands.

If no choice made

18 (1) For the purposes of sections 14 and 16, if a choice is not specified by a First Nation governing body, the Minister, in consultation and cooperation with the First Nation governing body, must determine which of the following standards are the highest and those standards will apply to the First Nation lands of that First Nation:

  • (a) in the case of section 14, the guidelines set out in the Guidelines for Canadian Drinking Water Quality or the drinking water standards in place in the province or territory where the First Nation lands are located; and

  • (b) in the case of section 16, the standards set out in the Wastewater Systems Effluent Regulations or the wastewater effluent standards in place in the province or territory where the First Nation lands are located.

Time limit

(2) The Minister must make best efforts to begin the consultation and cooperation required by subsection (1) no later than the 90th day after the day on which this section comes into force.

Regulations

Governor in Council

19 (1) The Governor in Council may, on the Minister’s recommendation, make regulations respecting water services on First Nation lands, including regulations respecting

  • (a) the management of water services, including asset management plans;

  • (b) the protection of source water, including source water protection plans and the maintenance and clean-up of source water;

  • (c) the consultation process in respect of funding allocation decisions made under subsection 27(1);

  • (d) the training and certification of water services operators;

  • (e) occupational health and safety;

  • (f) the monitoring, assessment, inspection and review of water services;

  • (g) emergency planning and response and recovery following emergencies;

  • (h) permits, licences and other authorizations, including their issuance, suspension and revocation;

  • (i) the disclosure, public or otherwise, of information;

  • (j) the administration and enforcement of any regulations made under this subsection, including the designation of officials for the administration and enforcement of those regulations, the creation of offences that are punishable by indictment or on summary conviction and the imposition of penalties;

  • (k) the insurance required to be maintained in respect of water services and water services operators; and

  • (l) minimum standards in respect of water services, including the quality and the quantity of drinking water and the treatment and disposal of wastewater.

Non-application

(2) A First Nation law may exclude the application of any regulations made under subsection (1) to First Nation lands in respect of which the law applies.

Different locations

(3) Regulations made under paragraph (1)‍(l) may provide for different minimum standards for different locations to address local circumstances.

Consultation — proposed recommendation

20 (1) The Minister must consult and cooperate with First Nation governing bodies before making any recommendation under subsection 19(1).

Time limit

(2) The Minister must make best efforts to begin the consultations and cooperation required by subsection (1) no later than the last day of the sixth month after the month in which this section comes into force.

Minister — protection zone

21 (1) The Minister must make regulations defining “protection zone” for the purposes of this Act.

Consultation

(2) Before making a regulation under subsection (1), the Minister must consult and cooperate with First Nation governing bodies, federal ministers and the governments of the provinces and territories.

Minister — enforcement

22 (1) If requested to do so by a First Nation governing body, the Minister may make regulations respecting the administration and enforcement of the First Nation laws of that First Nation that apply in a protection zone adjacent to the First Nation lands of that First Nation, including regulations respecting the designation of officials for the administration and enforcement of those laws, the creation of offences that are punishable by indictment or on summary conviction and the imposition of penalties.

Consultation

(2) The Minister must consult and cooperate with a First Nation governing body of the First Nation and with the government of the province or territory in which the protection zone is located before making regulations under subsection (1).

Agreements

Support for exercise of jurisdiction

23 (1) A First Nation governing body and the Minister may, on request of the governing body, enter into an agreement with respect to the Minister’s support of the exercise of the jurisdiction referred to in section 6.

Subject matter

(2) The agreement may include

  • (a) fiscal arrangements in respect of the delivery of water services on First Nation lands; and

  • (b) arrangements on information and data sharing, monitoring, reporting, enforcement and measurement of outcomes in relation to water services.

Administration and enforcement of First Nation laws

24 A First Nation governing body may enter into an agreement with the Minister or a provincial, territorial or municipal government or with any public body acting under the authority of the First Nation respecting the administration and enforcement of its First Nation laws.

Other agreements — source water, services, etc.

25 (1) The Minister may enter into an agreement with a First Nation governing body, a provincial, territorial or municipal government or any public body acting under the authority of the First Nation in respect of

  • (a) the protection of source water, including measures relating to its protection from negative effects and to planning, monitoring and reporting in respect of its protection;

  • (b) water services; and

  • (c) the administration and enforcement of regulations made under subsection 19(1).

Participation

(2) If a First Nation could be affected by an agreement under subsection (1) between the Minister and a provincial, territorial or municipal government, the First Nation must, subject to the choice of a First Nation governing body of the First Nation, be a party to the agreement or must be consulted before the agreement is entered into.

For greater certainty

(3) For greater certainly, nothing in subsection (1) is to be construed as preventing any other federal minister from entering into any agreement referred to in that subsection.

Powers, Duties and Functions of Minister

Best efforts — access to drinking water

26 The Minister, in consultation and cooperation with a First Nation governing body, must make best efforts to ensure that access to clean and safe drinking water, whether from a public or private water system, is provided to all residents, occupants and users of buildings located on the First Nation lands of the First Nation.

Consultation — funding allocation

27 (1) The Minister must consult and cooperate with First Nation governing bodies in respect of a framework for assessing needs — and the making and implementing of funding allocation decisions — respecting water services on First Nation lands.

Framework

(2) The Minister’s consultations and cooperation in respect of the framework for assessing needs may involve, among other things, the following matters:

  • (a) capital and upgrades;

  • (b) operations and maintenance;

  • (c) monitoring;

  • (d) enforcement;

  • (e) reporting;

  • (f) actual costs;

  • (g) governance;

  • (h) capacity development; and

  • (i) water services received by First Nation persons compared with those received by persons in non-Indigenous communities.

Making of funding allocation decisions

(3) The Minister’s consultations and cooperation with respect to the making of funding allocation decisions are to be guided by the principles that the funding for First Nations water services should

  • (a) be adequate, predictable, stable, sustainable and needs-based;

  • (b) be responsive to current and projected needs with respect to infrastructure;

  • (c) be responsive to infrastructure lifecycle planning related to local needs;

  • (d) achieve positive long-term health outcomes; and

  • (e) align with the use of clean and sustainable technologies to reduce the carbon footprint of water services.

Report

(4) After the Minister’s consultations with respect to implementing funding allocation decisions, the Minister must publicly respond, if appropriate, in a report to be tabled in each House of Parliament, to the views submitted by the First Nation governing bodies during the consultations.

Time limit

(5) The Minister must make best efforts to begin the consultations and cooperation required by subsection (1) no later than the last day of the sixth month after the month in which this section comes into force.

Support

28 The Minister may provide support to First Nation governing bodies with respect to the entering into of the agreements referred to in sections 23 to 25.

Environmental protection

29 The Minister must consult and cooperate with First Nation governing bodies with a view to ensuring that First Nation laws protect the environment as much as or more than the Fisheries Act, the Migratory Birds Convention Act, 1994, the Canadian Environmental Protection Act, 1999 and the Species at Risk Act and the regulations made under those Acts.

Obligations of Government of Canada

Funding — needs

30 The Government of Canada must make best efforts to provide funding that meets the needs assessed in the framework referred to in subsection 27(1).

Funding — comparable services

31 The Government of Canada must make best efforts to provide funding that is adequate, predictable, stable, sustainable and needs-based and that meets actual costs for water services on First Nation lands so that First Nation persons are able to receive water services comparable to those received by persons in non-Indigenous communities.

Funding — First Nations Water Commission

32 The Government of Canada must make best efforts to provide sustainable funding to implement the terms of reference referred to in subsection 39(1).

Settlement Agreement

Obligations and commitments

33 The Minister, on behalf of the Government of Canada, must fulfill Canada’s obligations and implement Canada’s commitments set out in the Settlement Agreement, including the commitments set out in section 9.‍02 of that agreement.

Commitment expenditures

34 The Government of Canada must provide funding that, as a minimum, meets the commitment expenditures set out in subsection 9.‍02(2) of the Settlement Agreement.

Clarification

35 Nothing in this Act is to be construed as abrogating or derogating from any obligation or commitment set out in the Settlement Agreement.

General

Grants

Grants

36 Any agreement entered into as a result of any framework referred to in subsection 27(1) may include long-term funding arrangements through grants.

Immunity

Employees and hired persons

37 (1) No action or other proceedings for damages lies or may be instituted against an employee of, or any person hired by, a First Nation governing body for anything done or omitted to be done by them in good faith in the performance, or intended performance, of their duties in relation to the provision of water services on the First Nation lands of the First Nation.

Governing body

(2) Nothing in subsection (1) affects the liability of a First Nation governing body in relation to acts or omissions of any of its employees or any persons hired by it who are acting within the scope of their duties.

Other Federal Ministers

Clarification

38 Nothing in any regulation made under this Act or any agreement entered into under this Act is to be construed as preventing or limiting any federal minister, other than the Minister, from exercising any powers or performing any duties or functions that they have under any Act of Parliament.

First Nations Water Commission

Terms of reference

39 (1) The Minister must consult and cooperate with First Nation governing bodies in respect of the development of terms of reference for the establishment of a corporation under the Canada Not-for-profit Corporations Act that is to be led by First Nations.

Articles of incorporation — mandatory provisions

(2) The terms of reference must provide that the corporation’s articles of incorporation stipulate

  • (a) that one of the corporation’s purposes is to support the purpose and principles set out in this Act; and

  • (b) that the corporation must provide the Minister, no later than six months after its financial year end, an annual report describing its activities for that year, including its activities as they pertain to source water protection plans and agreements and the supporting of First Nations in the management of water services.

Articles of incorporation — optional provisions

(3) The terms of reference may also provide that the corporation’s purposes as set out in its articles of incorporation include, among other things, any of the following:

  • (a) supporting and coordinating the monitoring by First Nations of drinking water, source water and wastewater treatment and disposal on, in and under First Nation lands;

  • (b) providing advice to First Nations in relation to drinking water and wastewater, including by obtaining legal advice and coordinating its provision to First Nations;

  • (c) providing support and advice to First Nations in respect of certifications related to water services on First Nation lands;

  • (d) making recommendations to the Government of Canada, provincial, territorial and municipal governments and First Nations in relation to drinking water and wastewater, including recommendations relating to laws, regulations, policies, guidelines and the drafting of model laws; and

  • (e) providing other services in relation to planning, coordination and reporting with respect to drinking water, wastewater and source water on, in and under First Nation lands.

Time limit

(4) The Minister must make best efforts to begin the consultations and cooperation required by subsection (1) no later than the last day of the sixth month after the month in which this section comes into force.

Tabling of corporation’s report

40 The Minister must cause to be tabled in each House of Parliament, on any of the first 15 days on which that House is sitting after the day on which it is received by the Minister, a copy of the annual report that is received from the corporation whose articles of incorporation include the requirement referred to in paragraph 39(2)‍(b).

Annual Report

Annual report

41 The Minister must, in consultation and cooperation with First Nations, produce an annual report on the results of any consultations and cooperation that are required under this Act and that take place during the previous year and cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which it is completed.

Five-Year Review

Report

42 On the fifth anniversary of the day on which this section comes into force, the Minister must, in consultation and cooperation with First Nation governing bodies, cause a review of the provisions and operation of this Act to be conducted, and the Minister must cause a report of the review to be tabled in each House of Parliament before the sixth anniversary of the day on which this section comes into force.

Coordinating Amendment

Bill S-13

43 If Bill S-13, introduced in the 1st session of the 44th Parliament and entitled the An Act to amend the Interpretation Act and to make related amendments to other Acts receives royal assent, then, on the first day on which both section 1 of that Act and section 3 of this Act are in force, that section 3 and the heading before it are repealed.

Coming into Force

Order in council

44 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

Published under authority of the Speaker of the House of Commons

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