2005 September Report of the Commissioner of the Environment and Sustainable Development

Governing framework

5.36 Indian and Northern Affairs Canada and Health Canada, in consultation with First Nations, should develop and implement a regulatory regime for drinking water in First Nations communities. This regime should be comparable with that in provinces and designed to protect the health and safety of First Nations people. As a minimum, this regime should deal with roles and responsibilities, water quality requirements, technical requirements, certification of systems and operators, compliance and enforcement, and public reporting requirements. (5.24-5.35)

Indian and Northern Affairs Canada's response. Indian and Northern Affairs Canada will continue to implement the First Nations Water Management Strategy aimed at improving program elements—specifically, roles and responsibilities, water quality requirements, technical requirements, certification of systems and operators, compliance and enforcement, and public reporting requirements. Indian and Northern Affairs Canada, together with Health Canada, and in consultation with First Nations, will

• fully explore the options and feasibility of a regulatory regime with all other stakeholders for drinking water on reserve. All aspects of a proposed regime will be assessed, including establishing new legislation, regulations, and enforcement mechanisms. An action plan for the implementation of the chosen option will be produced by September 2006;
• continue to develop and implement mechanisms aimed at ensuring compliance with the required standards regarding drinking water quality until a regulatory regime is in place. This will include finalizing the Protocols for Safe Drinking Water in First Nations Communities recently developed under the First Nations Water Management Strategy, which includes key elements covered in a provincial regulatory regime and which will provide clear direction on how First Nations are to incorporate these elements in the management of their drinking water by April 2006; and
• continue to develop and implement amendments to funding arrangements in line with the codes and standards contained in the above-noted protocol document, to strengthen drinking water management practices consistent with provincial regulatory requirements by April 2007.

Health Canada's response. The political and governance issues in First Nations communities are very complex. First Nations have identified the need for self-government as a priority. Health Canada and Indian and Northern Affairs Canada will assess the feasibility of this recommendation and options for implementation, in consultation with First Nations stakeholders. In the interim, Health Canada will improve program delivery in the areas identified by the auditors as a strength of provincial legislation, specifically in the areas of roles and responsibilities, water quality requirements, technical requirements, compliance and enforcement, and public reporting requirements. These actions will be completed by December 2006.

Program management

5.68 Indian and Northern Affairs Canada and Health Canada, in consultation with First Nations, should

• clarify the codes and standards applicable to the design and construction of drinking water systems;
• consider such factors as the quality of water sources, local capacity, potential for innovation, and cost effectiveness when approving funding for water systems; and
• develop mechanisms to obtain assurance that all required factors are taken into account when approving drinking water projects and that codes and standards are complied with. (5.37-5.49)

Indian and Northern Affairs Canada's response. Work is well under way to create codes, standards, and protocols applicable to the design, construction, and commissioning of drinking water systems under the First Nations Water Management Strategy. Indian and Northern Affairs Canada, together with Health Canada, and in consultation with First Nations, will

• review Indian and Northern Affairs Canada's Action Framework for Safe, Clean Drinking Water and Effective Wastewater Treatment for First Nations, and related protocols regarding the design and construction of drinking water systems, to ensure the codes and standards are clear, understandable, and consistently applied by April 2006. These documents will also include a list of all relevant codes and requirements that First Nations drinking water systems must meet;
• review the project review process, as currently documented in the National Framework for the Review of Water and Wastewater Systems in First Nations Communities, including the list of factors that are to be considered when approving funding for water systems, such as the quality of water sources, local capacity, potential for innovation, and cost effectiveness by September 2006; and
• strengthen mechanisms to verify that all codes and standards have been complied with, including a checklist of all required factors that must be taken into account when approving and commissioning drinking water systems by April 2006.

Health Canada's response. Health Canada agrees with this recommendation. In collaboration with Environment Canada, Indian and Northern Affairs Canada, and Public Works and Government Services Canada, Health Canada developed the National Framework for the Review of Water and Wastewater Systems in First Nations Communities, which was distributed to regional offices in March 2005. This document delineates the role of each department in the integrated review process for drinking water and wastewater project proposals in First Nations communities. Health Canada's role in the review process is to review the projects from a public health perspective. The Department is currently developing a set of guidelines to provide additional assistance to Health Canada reviewers in this regard. These actions will be completed by May 2006.

Health Canada will continue to work together with Indian and Northern Affairs Canada, in consultation with First Nations, on clarifying codes and standards and developing mechanisms to obtain assurance on the approval of drinking water projects and compliance with codes and standards.

5.69 Health Canada, in consultation with Indian and Northern Affairs Canada and First Nations, should ensure that

• all drinking water tests recommended under the Guidelines for Canadian Drinking Water Quality are being carried out;
• test results are properly recorded and relevant information is shared with appropriate parties;
• situations where drinking water is not safe, or where there is no assurance of drinking water safety, are clearly identified and actions to be taken in each situation are defined; and
• action is taken by responsible parties as required. (5.50-5.53)

Indian and Northern Affairs Canada's response. In collaboration with Health Canada and First Nations, Indian and Northern Affairs Canada will ensure that roles and responsibilities are more clearly defined for the sharing of monitoring and test results, as well as for actions taken following situations where water is found to be unsafe, so that timely actions are taken by all parties to ensure public health and safety. Indian and Northern Affairs Canada, with Health Canada, will

• finalize the Memorandum of Understanding between Indian and Northern Affairs Canada and Health Canada regarding the collection and sharing of information by December 2005;
• clarify and formalize the roles and responsibilities of the Department, First Nations, and Health Canada, as identified in Health Canada's Procedure Manual for Ensuring Safe Drinking Water Quality in First Nations Communities South of 60^o, for situations in which drinking water in First Nations communities is not safe or where there is no assurance of water safety, and clearly define actions to be taken by April 2006; and
• develop a communication and follow-up procedure for informing all affected parties of potentially unsafe water by May 2006.

Health Canada's response. Health Canada agrees with this recommendation. The Department has finalized a Procedure Manual for Ensuring Safe Drinking Water Quality in First Nations Communities South of 60^o, wherein procedures for recording and sharing test results and identifying and taking action when water is not safe are detailed. The procedure manual will be updated by December 2006 to reflect the recommendations of the audit, in consultation with regional offices, other Health Canada areas and subject matter specialists, other government departments, and First Nations stakeholders.

5.70 Indian and Northern Affairs Canada and Health Canada, in consultation with First Nations, should

• assess the capacity and support that First Nations need to deliver safe drinking water in their communities;
• establish the institution or institutions that could consolidate these capacity-building and support functions for all First Nations; and
• define the information that the departments and First Nations need to demonstrate that the drinking water is safe. (5.54-5.67)

Indian and Northern Affairs Canada's response. Indian and Northern Affairs Canada will examine and improve capacity-building and support in First Nations communities for the provision of safe drinking water. Indian and Northern Affairs Canada, together with Health Canada, and in consultation with First Nations, will

• develop and conduct a survey to assess the capacity of First Nations communities to provide safe drinking water by September 2006;
• review, evaluate, and strengthen existing mechanisms for capacity development and support for First Nations communities by June 2006. This will include evaluating options, such as the establishment of new or identification of pre-existing institutions to consolidate capacity-building and support for all First Nations, and the production of an action plan for implementing the recommended option; and
• establish the required information, by December 2006, that the Department and First Nations need to demonstrate that drinking water on reserves is safe. This will be done through implementation of the recently developed annual inspections that evaluate the performance and the condition of the systems, as well as the data collected by Health Canada.

Health Canada's response. Health Canada agrees with this recommendation. The Department builds First Nations capacity and provides support to First Nations through the provision of advice and recommendations to First Nations communities and by funding and training community-based monitors of drinking water quality. We have made progress in addressing the provision of support capacity through the First Nations Water Management Strategy. Health Canada will have finalized a national framework for training community-based monitors of drinking water quality by December 2005.

Together with Indian and Northern Affairs Canada and in consultation with First Nations, Health Canada will examine the feasibility of the establishment of an institution or institutions to consolidate capacity building and support functions for all First Nations by June 2006.

Reporting to Parliament

5.75 Indian and Northern Affairs Canada and Health Canada should

• ensure that they collect information on implementation of the First Nations Water Management Strategy and on drinking water in First Nations communities;
• determine the information that would be relevant to Parliament, including the percentage of the on-reserve population accessing safe drinking water, the number of water systems meeting standards, the quality of the drinking water, and the amount of funds spent; and
• report this information to Parliament beginning with the 2006–07 fiscal year. (5.71-5.74)

Indian and Northern Affairs Canada's response. Indian and Northern Affairs Canada is currently collecting data against key indicators identified under the First Nations Water Management Strategy. In addition, the Department plans to conduct a formative evaluation of the First Nations Water Management Strategy. Indian and Northern Affairs Canada will

• in conjunction with Health Canada, conduct a formative evaluation of the First Nations Water Management Strategy, to evaluate progress in terms of improved water quality on reserves by December 2006;
• review current data collection tools and procedures to ensure that information is being collected against all performance indicators identified in the accountability framework submitted to the Treasury Board in 2003, identify any missing performance indicators in the accountability framework, and revise current data collection tools and procedures to include these key indicators so that relevant information may be collected and reported to Parliament by April 2006; and
• in addition to reporting progress on the First Nations Water Management Strategy for 2005–06, provide all relevant information to Parliament beginning with the 2006–07 fiscal year.

Health Canada's response. Health Canada agrees with this recommendation. As identified in the First Nations Water Management Strategy, the Department has recently finalized national data standards for performance indicators and put in place a system to facilitate the collection of these data. Health Canada will modify these data standards and the associated systems to respond to the recommendations. This information will be reported to Parliament by the 2006–07 fiscal year.