Legislation

Canada tables First Nations Clean Water Act with $4.6 billion funding pledge

Written byCristina Novo
3 min read
Canada tables First Nations Clean Water Act with $4.6 billion funding pledge

On June 16, 2026, Canada's federal government introduced Bill C-37, the proposed First Nations Clean Water Act, marking the Carney government's first legislative attempt on the issue and the third overall by the Liberal party, which had previously introduced similar bills in 2020 and 2023, neither of which became law.

Tabled by Indigenous Services Minister Mandy Gull-Masty, the bill aims to close a long-standing regulatory gap: unlike other communities across Canada, First Nations have never had legally enforceable protections for safe drinking water. It arrives, however, amid significant debate over the strength of its rights language.

What the bill proposes

Bill C-37 would establish a national legislative framework with three core measures:

  • Require drinking water systems on First Nations lands to meet standards at least equivalent to the Guidelines for Canadian Drinking Water Quality or applicable provincial standards.
  • Affirm First Nations' inherent right to self-government over water on their lands and create a new First Nations-led water commission
  • Establish formal agreements between First Nations, the federal government, and provinces to protect source water across shared watersheds, recognising that these do not respect political boundaries

Alongside the legislation, the government announced a $4.6 billion targeted funding commitment for water and wastewater infrastructure. This builds on more than $9.4 billion allocated to indigenous water infrastructure since 2015, supporting systems that serve approximately 483,000 people across 595 communities. "For too long, many First Nations communities have gone without the protections that help keep drinking water safe," said Minister Gull-Masty. "The proposed First Nations Clean Water Act would establish, for the first time, a legislative framework to support safe drinking water in First Nations communities, while recognizing First Nations jurisdiction over water on their lands."

The rights language debate

The central point of contention is legal rather than financial. Its predecessor, Bill C-61, introduced by the Trudeau government in 2023 and co-developed with First Nations leaders, stated explicitly that access to clean drinking water is a human right for every individual on First Nations land. Bill C-37 replaces that with a commitment to "further the progressive realization" of that right — a concept drawn from international human rights law meaning a government commits to working toward a right over time, rather than recognising one that exists today.

The shift is linked by critics to opposition from Alberta and Ontario, which argued that C-61 threatened resource development and provincial jurisdiction over water.

Assembly of First Nations National Chief Cindy Woodhouse Nepinak was direct in her assessment: "Clean drinking water is a human right, and it is an obligation for governments to honour that right for everyone, including First Nations. The legislation put forward today is missing some essential elements." Anishinabek Nation Grand Chief Linda Debassige, who helped draft the previous bill, was equally pointed, stating in a CBC News report that "unlike previous legislative efforts, which were developed through meaningful dialogue and partnerships with First Nations knowledge keepers, technicians, Bill C-37 was introduced without broad or meaningful input by First Nations."

What comes next

With Parliament rising for its summer recess days after the bill's introduction, C-37 will not be debated until autumn. The Assembly of First Nations has placed the bill on the agenda of its Annual General Assembly in Ottawa on July 14 to 16, and parliamentary committee hearings in the fall are expected to be the main arena for proposed amendments.

The debate echoes similar tensions seen elsewhere, where funding commitments to indigenous communities have not always been matched by formal recognition of water as a legal right.

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