Drinking water and wastewater legislation
Learn why legislation was proposed.
Update
Bill C-37, the proposed First Nations Clean Water Act, was introduced in the House of Commons on June 16, 2026.
On this page
Why legislation is needed
Everyone in Canada should have access to safe and clean drinking water. First Nations have long called for safe drinking water legislation to meet First Nations' needs and priorities.
There is currently a long-standing legislative gap for safe drinking water and wastewater on reserves. In First Nation communities, clear regulations and effective legislation are needed to:
- support safe drinking water and wastewater services on First Nation lands
- ensure water protections on First Nation lands are comparable to those in place in provinces and territories
- support sustainable funding for drinking water and wastewater services
- establish pathways for collaborative source water protection
What the proposed legislation includes
The key points of Bill C-37, the proposed First Nations Clean Water Act, are:
- Recognition of rights
- affirm that the inherent right of First Nations to self-government includes jurisdiction over water, source water, drinking water and wastewater, and related infrastructure on, in and under First Nation lands
- commit the government to the progressive realization of the internationally recognized human right to safe drinking water
- Improving access to safe drinking water
- commit the government to take concrete steps to provide adequate and sustainable funding so that First Nations are able to receive water services comparable to services in non-Indigenous communities
- commit the Government of Canada to co-develop a framework with First Nations for assessing needs and making funding decisions on water services
- Closing a legislative gap
- provide First Nations with comparable safe drinking water protections as those in place in provinces and territories
- Providing tools and supports
- establishing pathways for collaboration between First Nations and federal, provincial, territorial and municipal governments to safeguard shared water resources through voluntary agreements to move forward with establishing a First Nations-led Water Commission
For more specific details on key elements of Bill C-37, visit:
How new legislation was developed
Bill C-37 builds on the substantial efforts made on previously introduced legislation, which was developed through engagement with First Nations rights-holders and their representative organizations, including Modern Treaty and Self-Governing First Nations, other federal partners, and provinces and territories, and feedback provided to the House of Commons Standing Committee on Indigenous and Northern Affairs.
Bill C-37 builds on this essential engagement as part of Canada's commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Through the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan, Canada committed to continue efforts to:
- advance water and wastewater service transfer to First Nations communities
- support self-determined service delivery models in First Nations communities
- provide pathways to protect source water and legally enforceable safe drinking water protections on First Nation lands similar to those in place in provinces and territories
From 2018 to 2024, Indigenous Services Canada engaged First Nations, including rights-holders and First Nations organizations, and provided funding to support engagement on the review and repeal of the 2013 Safe Drinking Water for First Nations Act and proposed legislation. This included engagement sessions that took place both virtually or in-person, with groups and individual First Nations, based on partner preferences. Two consultation drafts of a legislative proposal were shared with all First Nation communities prior to the introduction of Bill C-61 in the House of Commons and were posted online to support broad public review.
In summer 2022, Canada enhanced engagement with all provinces and territories on the multi-jurisdictional issue of source water protection to inform the development of proposed legislation. Provinces and territories expressed mutual interest in safe and clean water, while emphasizing the need for respect for provincial and territorial jurisdictions.
Timeline of key events
June 2026
June 16, 2026: Bill C-37 – An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands was introduced in the House of Commons
The Minister of Indigenous Services sent a letter to all First Nations Chiefs and representative organizations, Modern-Treaty and Self-Governing communities, and the provincial and territorial governments, sharing the introduction of Bill C-37 and encouraging ongoing engagement through the parliamentary process.
January 2025
Due to the prorogation of Parliament on January 6, 2025, all proposed legislation was terminated, including Bill C-61.
December 2024
December 2, 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
June 5, 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).
June 12, 2024: INAN began its study of Bill C-61. 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
February 5, 2024: Second reading debate of Bill C-61 began in the House of Commons
December 2023
December 11, 2023: Bill C-61 - An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands was introduced in Parliament
December 14, 2023: The Minister of Indigenous Services sent a letter to all First Nation Chiefs and Councils and First Nation organizations sharing the introduction of Bill C-61 and encouraging ongoing engagement through the Parliamentary process
August 2023
August 4, 2023: Canada published the updated consultation draft of a legislative proposal on Indigenous Services Canada's website to support broad consideration before it was introduced in Parliament
August 18, 2023: Canada shared the updated consultation draft with provinces and territories for comments and feedback by September 8, 2023
July 2023
July 21, 2023: Canada shared an updated consultation draft of a legislative proposal with First Nation rights-holders and organizations for further feedback by September 8, 2023
March 2023
March 1, 2023: Canada published the initial consultation draft of a legislative proposal on Indigenous Services Canada's website to support ongoing engagement on new proposed water legislation
March 2, 2023: Canada shared the consultation draft with provinces and territories to support review
March 17, 2023: In response to feedback from First Nations, Canada extended the engagement period on the initial consultation draft by an additional 35 days to April 23, 2023
February 2023
February 6, 2023: Federal, provincial and territorial Ministers and leaders of national Indigenous organizations met to further explore approaches to advance source water protection and shared water interests
February 17, 2023: Canada shared an initial consultation draft of a legislative proposal with First Nations and First Nation organizations for a 30-day review period
February 20, 2023, to April 21, 2023: Canada made additional efforts to encourage First Nations' engagement on new proposed water legislation by sending reminder emails to all First Nations and hosting daily virtual drop-in sessions
December 2022
December 7, 2022: An emergency resolution titled "Re-Commitment to Co-Development of Replacement Legislation for Safe Drinking Water for First Nations" was passed by First Nation Chiefs at the AFN Special Chiefs Assembly. The resolution directed the AFN to call on Canada to halt its current legislation development and recommit to meaningful co-development of new proposed legislation
October 2022
October 31, 2022: Canada sent a letter to all First Nations communities sharing upcoming co-development activities, including co-development on new proposed water legislation and inviting First Nation involvement in the co-development process
Summer 2022
Canada continued to work with the AFN to inform the advancement of new proposed First Nations drinking water and wastewater legislation.
Canada increased engagement and information sharing with First Nations and First Nation organizations to support the development of new proposed First Nations drinking water and wastewater legislation.
June 2022
June 23, 2022: The official repeal of the 2013 Safe Drinking Water for First Nations Act through the Budget Implementation Act, 2022, No. 1 received Royal Assent on June 23, 2022.
March 2022
Canada engaged key First Nations and First Nations organizations on the proposed repeal of the 2013 Safe Drinking Water for First Nations Act through 2 virtual engagement sessions that took place on March 23, 2022, and March 29, 2022. All participants supported the proposed repeal.
2021
December 22, 2021: The Safe Drinking Water for First Nations Class Action Settlement Agreement was approved by the Federal Court and the Manitoba Court of Queen's Bench (now the Manitoba Court of King's Bench). Through the settlement agreement, Canada committed to making all reasonable efforts to:
- introduce proposed repeal of the 2013 Safe Drinking Water for First Nations Act by March 31, 2022
- develop and introduce new proposed legislation, in consultation with First Nations, by December 31, 2022
November 2019
Legal action was initiated against Canada in two class actions on behalf of all members of First Nations resident on reserves that had a drinking water advisory for at least one year since 1995.
2018
The AFN, with support from Canada, began to engage with First Nations on the review and replacement of the 2013 Safe Drinking Water for First Nations Act.
2017-2018
The AFN passed a number of resolutions related to safe drinking water and the 2013 Safe Drinking Water for First Nations Act.
Canada hosted engagement sessions with First Nations to support the review of the 2013 Safe Drinking Water for First Nations Act.
2015
Engagement on the development of proposed regulations stopped as First Nations called for the repeal and replacement of the 2013 Safe Drinking Water for First Nations Act.
2013
The Safe Drinking Water for First Nations Act came into effect to allow Canada to develop federal regulations to provide access to safe, clean drinking water and the effective treatment of wastewater on First Nation lands.
Related links
- C-37 (45-1) - LEGISinfo
- Bill C-61: An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands
- Updated consultation draft: Proposal for An Act respecting drinking water, wastewater and related infrastructure on First Nation lands
- Initial consultation draft: Proposal for An Act respecting drinking water, wastewater and related infrastructure on First Nation lands
- United Nations Declaration on the Rights of Indigenous Peoples (PDF)