Water systems: There are a total of 807 water systems serving 560 First Nations. Last amendment: 65/20. Marginal note:Offences under provincial law. When you turn on your tap, you can be confident that your drinking water is among the best protected in the world. Legislative History: 249/03, 269/03, 18/04, 126/04, 165/04, 408/04, 253/05, 247/06, 402/06, 399/07, 326/08, 418/09, 106/10, 420/12, 335/13, 374/15, 458/16, 509/17, 185/18, 65/20. Individuals constructing, repairing, or modifying a septic system or well must be licensed and/or hold a certificate of qualification issued by the province/territory of application. Appeal tribunals provide a. K1P 6L5, Phone: 613-241-6789 (iii) to appoint a manager independent of the First Nation to operate a drinking water system or waste water system on its First Nation lands; (d) fix, or prescribe the manner of calculating, the fees to be paid to any person or body for the use of a drinking water system or a waste water system; (e) fix the rate of interest to be charged on amounts owing under the regulations; (f) subject to subsection (2), establish offences punishable on summary conviction for contraventions of the regulations and set fines or terms of imprisonment or both for such offences; (g) establish a system of administrative monetary penalties applicable to contraventions of specified provisions of the regulations and set the amounts of those penalties; (h) confer on any person the power to verify compliance with the regulations, including the power to seize and detain things found in the exercise of that power; (i) confer on any person the power to apply for a warrant to conduct a search of a place; (j) confer on any person the power to audit the books, accounts and records of persons or bodies that exercise powers or perform duties under the regulations; (k) require the collection, recording and reporting of information relating to the quality of drinking water or to waste water; (l) prescribe rules respecting the confidentiality or disclosure of any information obtained under the regulations; (m) prescribe rules of procedure for hearings to be held in relation to a drinking water system or waste water system, including rules for the issuance of subpoenas to require the appearance of persons and the production of documents and rules requiring that evidence be given under oath; (n) prescribe the obligations of any person or body that exercises powers or performs duties under the regulations, and specify the penalties that apply in the event of the breach of those obligations; (o) subject to paragraphs 11(1)(a), (2)(a) and (3)(a) and section 12, set limits on the liability of any person or body exercising a power or performing a duty under the regulations, and establish defences and immunities for such a person or body; (p) require permits to be obtained as a condition of engaging in any activity on First Nation lands that could affect the quality of drinking water, or as a condition of engaging in any activity governed by the regulations, specify the terms and conditions of those permits and provide for their issuance, suspension and cancellation; (q) deem a First Nation or any person or body, for the purposes of this Act, to be the owner of a drinking water system or waste water system of a prescribed class, and prescribe classes of drinking water systems and waste water systems for that purpose; and. Drinking-water sources need to be protected from contamination to maintain human health. The Safe Drinking Water for First Nations Act—as it currently exists—focuses on 11 essential regulatory components: Find summaries of provincial or territorial regulations for water and wastewater. (5) Section 4 does not authorize the making of regulations respecting, (a) the allocation of water supplies; or. A Health Canada study from 1995-2007 found that a total of 162 advisories had been in effect for longer than one year. This law focuses on all waters actually or potentially designed for drinking use, whether from above ground or underground sources. Several regions have indicated concern with the short timelines for engagement and the lack of meaningful consultation with First Nations. However, AANDC officials have stated that the regulations once developed will not be applicable until the First Nation is ready. Financial resources have not yet been identified to implement these regulations despite the fact that this is an absolute requirement to enable First Nations to effectively implement regulations for the benefit and safety of their members. (3) Regulations made under section 4 may incorporate by reference laws of a province, as amended from time to time, with any adaptations that the Governor in Council considers necessary. Community Infrastructure Branch Importantly, the Act also establishes that federal regulations developed in this regard may incorporate, by reference, provincial regulations governing drinking water and wastewater in First Nations communities. Minimum requirements for collection, recording, reporting, and retention of information related to drinking water quality, wastewater treatment, and effluent quality. With respect to the declaration and assertion of First Nation water rights, the protection of our watersheds and all living beings within it, a First Nations National Water Declaration is presented here for further input and discussion (AFN water declaration). At this time, AFN has learned that engagement is proceeding through INAC regional offices, and a presentation and letter to Chiefs have been prepared by INAC as support documents. Regulations would require a mechanism for appeals. On May 29, 2017, Indigenous and Northern Affairs announced through their online SDWFNA webpage that engagement on review of the Act would commence. drinking water means water intended for use by humans for drinking, bathing or food preparation. (eau potable), drinking water system means a system for the collection, storage, treatment or distribution of drinking water, and includes a well. (système d’alimentation en eau potable), (a) a band, as defined in subsection 2(1) of the Indian Act, the disposition of whose lands is subject to that Act or the First Nations Land Management Act; or, (b) any other band, as defined in subsection 2(1) of the Indian Act, specified in regulations made under subsection (2). (première nation), (a) lands the disposition of which is subject to the Indian Act or the First Nations Land Management Act; or, (b) in relation to a band specified in regulations made under subsection (2), the lands described in those regulations. (terres), Minister means the Minister of Indigenous Services. (ministre), provincial body means a body established by a provincial Act. (organisme provincial), provincial official means a minister of the Crown in right of a province, a person employed by a province or a person appointed to or employed by a provincial body. (fonctionnaire provincial), waste water system means a system for the collection, treatment or disposal of waste water. (système de traitement des eaux usées). The Life of a Community, McClenaghan Theresa – Source Water Protection Panel, MacKinnon James – National Regional Updates on Water Initiatives, Lukawiecki Jessica – From Stream to Tap Drinking Water Advisories, Littlechild Danika – Building the Safe Drinking Water Laws We Need, Kingsbury John – Waabnoong Bemjiwang Association of First Nations Water Maintenance Project, George Chief Dan – National Regional Updates on Water Initiatives, Cook Candace – Point of Entry Drinking Water Systems in Remote, Chief Nooski Tung Sanchez – Water Management Regime in Nadleh Whuten First Nation, Brown Jim – First Nation Operator Waters Net for British Columbia Yukon Territories, Bova Wes – National Regional Updates on Water Initiatives, Behn Caleb – Source Water Protection Panel, Ballantyne Leah – Protecting water through treaty and inherent rights and responsibilities, Anderson Kristy – A Case Study on Drinking Water Security in a First Nations Community, Walker Jeff – A National Standard for Wastewater Treatment, Samaan Constantine Co-creation of Water Quality Tools, Martin-Hill Dawn Co-creation of Water Quality Tools, National Housing and Infrastructure Forum: Final Report November 2016, Housing Authority Models – Model 1 – Housing Committee, Housing Authority Models – Model 2 – Independent Housing Authority With Board, Housing Authority Models – Model 3 – Band-Owned Housing Cooperative, Housing Authority Models – Model 4 – Housing Authority as Council-Mandated Non-Profit Corporate Entity, Housing Authority Models – Model 5 – Independent Third Party Non-Profit Corp Entity. * As part of the British Columbia Tripartite Framework Agreement on First Nation Health Governance, on October 1st 2013, Health Canada transferred its role in the design, management and delivery of First Nations health programming in British Columbia to the new First Nations Health Authority (FNHA). First Nations have raised the concern that they must be funded to be able to meet those regulations otherwise they could face punitive actions for failing to meet the regulations. The Safe Drinking Water for First Nations Act (the act) was passed in June 2013 and came into force on November 1, 2013. Consolidation Period: From April 1, 2020 to the e-Laws currency date.

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