(December 11, 2023 – Toronto, ON) Ontario Regional Chief Glen Hare has issued the following statement responding to the tabling of First Nation Water Legislation:

“The federal government is introducing legislation today to address the lack of clean drinking water for First Nations,” said Ontario Regional Chief Glen Hare. “First Nations across Canada have publicly called for legislation that respects our inherent right to self-governance and secures sustainable needs-based funding. We are cautiously optimistic that this legislation will meet many of our criteria and ensure that Canada upholds its fiduciary responsibilities. ”

In November 2023, the Chiefs of Ontario passed a resolution that called on Canada to improve the draft legislation to ensure First Nations needs and rights were met. Further, the resolution calls for the proposed legislation to provide resources required to allow First Nations to comply with drinking water regulations of their choosing, whether they be the federal or provincial drinking water standards. First Nations demand to be assured, as a matter of law, that Canada will uphold its fiduciary responsibilities before they endorse any First Nation water legislation.

The draft legislation includes many of the priority items that Ontario First Nations Leadership have been advocating for since the beginning of this process, including:

  • First Nation jurisdiction over source water on-reserve and adjacent to reserves, thereby facilitation source water protection initiatives
  • Protection of First Nations rights, including the inherent right to self-government
  • Addition of the principle of Free, Prior, and Informed Consent (FPIC) under the Principles section of the legislation in relation to First Nations jurisdiction
  • Ensuring First Nations standards for water and waste water services are the same as those enjoyed by non-Indigenous communities
  • Ensuring that government makes best efforts to provide funding that is adequate, predictable, stable, sustained, and needs-based and that meets the actual costs for water services on First Nations lands
  • Support the consensual transition of care and control over First Nations water infrastructure to First Nations
  • Immunity provisions for both First Nations as well as First Nations employees

“I am encouraged by the changes made to the draft legislation to include many of the priority items Ontario First Nations Leadership have been asking for since the beginning of this process. If passed in its current state, this legislation would be a significant step forward and would improve the lives of many First Nations people in Ontario who continue to go without access to clean drinking water and the services enjoyed by all Canadians.”

While there was significant success in amending the draft legislation before it was tabled, there will likely be more changes recommended by First Nations from across the country. As this bill enters the legislative process, the Chiefs of Ontario will continue to advocate on behalf of Ontario First Nations Leadership and those who wish to present their case to the Standing Committee on Indigenous and Northern Affairs.

“First Nations people have inherent, treaty, and constitutionally protected rights that must be respected in this process. The Chiefs of Ontario will continue to communicate the position of the Ontario First Nations Leadership and support their advocacy initiatives to ensure First Nation communities have access to the same rights as everyone else.”

Ontario Regional Chief Glen Hare (Gwiingos)

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The Chiefs of Ontario support all First Nations in Ontario as they assert their sovereignty, jurisdiction and their chosen expression of nationhood. Follow Chiefs of Ontario on Facebook, Twitter or Instagram @ChiefsOfOntario.

Media Contact:

Chris Hoyos
Director of Policy and Communications
Policy and Communications Sector
Chiefs of Ontario
Cell: (416) 579-4998
Email: Chris.Hoyos@coo.org