Bill C-37, the proposed First Nations Clean Water Act, demonstrates the Government of Canada's commitment to address the priorities and concerns raised by First Nations, now and in the future.
Bill C-37 aims to meet the needs of First Nations by making sure that First Nations have legally enforceable protections for safe drinking water, consistent with those provided to other communities in Canada. This legislation is guided by the principle of substantive equality, acknowledging that First Nations' distinct needs must be addressed in ways that respect their rights and support access to water services that are comparable to services in non-Indigenous communities.
This legislation would also affirm the inherent right of First Nations to self-government, including control over decisions related to water, source water, drinking water, wastewater, and related infrastructure on, in, and under their lands.
To support First Nations in exercising their jurisdiction, the Bill would provide pathways for First Nations to enter into agreements with the federal government, and, where there is shared interest, with provinces and territories to support the protection of water and source water adjacent to First Nation lands, strengthening shared efforts to protect water resources through voluntary and collaborative partnerships.
It would also commit the federal government to take concrete steps to provide adequate and sustainable funding for water services on First Nation lands, including the completion of a funding framework co-developed with First Nations.
Bill C-37 builds on the substantial progress made on previously introduced legislation, which was developed through direct engagement with First Nations rights-holders and their representative organizations, including Modern Treaty and Self-Governing First Nations, provinces, territories, and other federal partners. Ongoing discussion and participation in the parliamentary process will be essential in determining the Bill's final form and implementation.
Key elements of the Bill include:
- ensuring that First Nations have reliable access to clean and safe drinking water and effective treatment and disposal of wastewater on First Nation lands;
- committing the Government to improve access to safe drinking water in First Nations communities by taking action to progressively realize the internationally recognized human right to safe drinking water, including by closing regulatory gaps, co‑developing a funding framework and supporting First Nations water governance through a First Nations‑led water commission;
- affirming First Nations' inherent right to self-government, including jurisdiction over water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands;
- ensuring that the quantity of water available on First Nation lands meets the drinking, cooking, sanitation, hygiene, safety, firefighting, emergency management, cultural and spiritual needs of First Nations;
- establishing national principles and minimum standards on the delivery of water services on First Nation lands, and enabling the development of a federal regulatory regime respecting those services;
- requiring that all decisions made under the Bill be guided by the United Nations Declaration on the Rights of Indigenous Peoples, including the principle of free, prior and informed consent; and
- facilitating collaboration between First Nations and federal, provincial, territorial and municipal governments on transboundary source water protection planning and entering into agreements to protect source water.
- The development of this proposed legislation reflects several years of engagement, parliamentary study and legislative work.
Timeline of key events:
June 2026
The Minister of Indigenous Services sent a letter to all First Nation rights-holders and First Nation organizations sharing the introduction of Bill C-37 and encouraging ongoing engagement through the Parliamentary process. Bill C-37 - An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands was introduced in Parliament.
January 2025
Due to the prorogation of Parliament on January 6, 2025, all proposed legislation terminated, including Bill C-61.
December 2024
The Chair of the House of Commons Standing Committee on Indigenous and Northern Affairs presented the Committee's report on Bill C-61 to the House of Commons.
June 2024
Second reading of Bill C-61 was completed in the House of Commons. The Bill was referred for study to the House of Commons Standing Committee on Indigenous and Northern Affairs (INAN).
The House of Commons Standing Committee on Indigenous and Northern Affairs began its study of Bill C-61. Eighteen (18) study meetings were held from June 12 to November 26, 2024, and INAN heard from 94 witnesses of whom 27 were from First Nations and their representative organizations. INAN made over 40 amendments.
February 2024
Second reading debate of Bill C-61 began in the House of Commons.
December 2023
The Minister of Indigenous Services sent a letter to all First Nation rights-holders and First Nation organizations sharing the introduction of Bill C-61 and encouraging ongoing engagement through the Parliamentary process. Bill C-61 - An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands was introduced in the House of Commons.
July-August 2023
