New First Nations water bill drops mention of ‘right’ to clean water access

A new First Nations clean water bill set to be introduced by Prime Minister Mark Carney’s government removes a provision in a previous bill that would have recognized First Nations have a human right to clean drinking water.

The Canadian Press has obtained a draft of the bill labelled “for consultation until June 11, 2026.” It’s not clear if any changes were made since the consultation period ended.

The legislation is expected to be introduced in the House of Commons on Monday, just days before MPs rise for a planned summer break. That means it’s not likely to be debated and passed into law before the fall.

A previous bill, known as C-61, was introduced in 2023 under the government of Prime Minister Justin Trudeau by then-Indigenous Services minister Patty Hajdu.

That legislation, drafted in response to a lawsuit against the government that was settled in 2021, went beyond the terms of the lawsuit settlement. It included an option for sourcewater protection and recognition that First Nations have a human right to clean drinking water.

The legislation was opposed by the provinces of Alberta and Ontario, which warned that it would undermine resource development.

That bill was drafted with input from First Nations and nearly became law after weeks of study and debate, but it died when Parliament was prorogued last year.

In January of last year — months before the last federal election — Hajdu said that she hoped “whoever’s in government next time picks this up” and called the bill “incredibly thoughtful legislation that was co-drafted with First Nations people.”

Indigenous Services Minister Mandy Gull-Masty vowed last summer a new bill to replace C-61 would affirm First Nations’ human right to clean drinking water.

Some First Nations leaders said they have not been consulted on the new legislation.

Both bills share the goal of ensuring First Nations have reliable access to safe drinking water and wastewater treatment, but the new draft legislation blurs the language in the old bill that affirmed access to clean drinking water as a human right.

“It is declared to be the policy of the Government of Canada to further the progressive realization, for individuals on First Nation lands, of the human right to safe drinking water, as protected by the International Covenant on Economic, Social and Cultural Rights,” the new draft bill says.

The previous legislation C-61 said that “it is recognized and affirmed that it is a human right of every individual on First Nations land to have access to clean and safe drinking water in accordance with this Act.”

Indigenous Services Canada reports there are 37 boil-water advisories in place in 36 communities, most of them in Ontario.

Trudeau vowed to end all boil water advisories by 2021 but did not succeed.

By Alessia Passafiume