OTTAWA — Canada Minister of Indigenous Services put forward the First Nations Clean Water Act, Bill C-37, on Tuesday morning, along with the “single largest funding commitment ever made for First Nations,” $4.6 billion over five years.
“Across Canada there are laws and regulations that set minimum standards for drinking water, but in First Nation communities, there are not. This legislative gap that impacts only First Nation people is unacceptable and must be addressed,” said Minister Mandy Gull-Masty.
“Today there are 36 remaining First Nations with long-term drinking water advisories. We know that is 36 too many,” she said.
Most long-term drinking advisories, 24, are in Northwestern Ontario, including in Neskantaga First Nation which has been under a boil water advisory for 31 years, the longest in history.
The proposed bill replaces the former Bill C-61 which bore the same name, but did not pass into law as Parliament was prorogued in 2025.
It will offer investments in infrastructure, support for water treatment plant operators and source water protection, according to Gull-Masty.
For water sources adjacent to First Nations lands, the bill also “creates a regulatory pathway for First Nations, Canada, and provinces and territories to enter into voluntary agreements that outline how to protect those sources of water beyond reserve lines,” said Gull-Masty.
Linda Debassige, Anishinabek Nation Grand Council Chief said that they are “cautiously optimistic,” and look forward to working to strengthen this legislation that will meet their nation’s needs.
However, she pointed out that “When we look at the comparisons between the former Bill C-61 and this new version, there are striking differences.”
“We see that today’s Bill C-37 represents a significant departure from the collaborative approach followed with Bill C-61. Unlike previous legislative efforts, which were developed through meaningful dialogue and partnership with First Nations … C-37 was introduced without broad or meaningful input by First Nations. Former Bill C-61 was a result of 2 years of co-development and over two decades of advocacy,” said Debassige.
Gull-Masty, in her announcement, said that “The proposed legislation reflects more than six years of engagement and consultation with First Nations,” as “First Nations have an inherent right to self-governance over water.”
She also said that she has had important conversations with First Nations leaders over the past year.
Debassige said that their letters of advocacy have been met with “deafening silence.”
“We don’t have access to parliamentary privileged dialogue or cabinet discussions in relation to this,” she added.
“Not including or engaging with these critical figures undermines the principals of self determination and respect for First Nation sovereignty. This is concerning particularly for a piece of legislation that is in part about affirming First Nation’s constitutionally protected right to self government,” continued Debassige.
Grand Chief of Nishnawbe Aski Nation Alvin Fiddler said that they received consultation on the bill only late last week.
“We need to be involved in how the bill and the legislation will be implemented in our communities and to ensure that there are adequate resources dedicated to our communities for them to actually create that capacity to rebuild or replace the water treatment plants, to have trained staff, to have everything that they need in their community to run it in a way that they don’t go back to that boil water advisory list,” said Fiddler.
There was also concern raised by multiple people, including members of the media at Gull-Masty’s announcement, about a change in wording from Bill C-61 to Bill C-37.
In the text of the original bill, it reads 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 the text of the new proposed bill, the same section reads, “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.”
Debassige said that “It’s been a progressive realization for decades … Our nations have this right, right now.”
Gull-Masty explained, when questioned, that the “progressive realization refers to (ISC) knowing and understanding that in all the First Nations across Canada, not everybody is starting in the same place. And we are acknowledging that we support communities from wherever their start line is.”
Ontario Regional Chief Abram Benedict said that they are “encouraged to see that this legislation has a recognition of source water, and acknowledgement of cultural and spiritual importance of water.”
