NIEDB Recommendation Letter: Atlantic First Nations Water Authority ISC and Ministers

1 juillet 2024
The Honourable Patty Hajdu, MP Minister of Indigenous Services Canada
The Honourable Sean Fraser, MP Minister of Housing, Infrastructure and Communities Canada

Dear Minister Hajdu and Minister Fraser,

As you may know, members of the National Indigenous Economic Development Board (the Board) are appointed by the Minister of Indigenous Services Canada (ISC) with a mandate to provide strategic
policy advice to the whole of the federal government on Indigenous economic development. Comprised of First Nation, Inuit, and Métis business and community leaders, the Board helps government respond appropriately to the unique needs and circumstances of Indigenous Peoples from coast to coast to coast.

In May 2024, the Board met in Millbrook First Nation, Nova Scotia, as part of a quarterly Board meeting to hear from community and gather insight to inform advice to the federal government in several key areas. As part of the presenters, representatives from the Atlantic First Nation Water Authority (AFNWA) shared several policy recommendations to better advance important work in their industry particularly surrounding water and wastewater services in Atlantic First Nation communities. The Board would like to demonstrate their support for recommendations outlined by the AFNWA by calling upon the ISC and the department of Housing, Infrastructure and Communities Canada (HICC) to address these recommendations in support of a vision to provide safe, clean drinking water and wastewater in First Nation communities.

As part of its recommendations, the AFNWA emphasized the need for increased resources for community planning. The AFNWA is a fully functioning utility that strives to be embedded in member communities and participates in community initiatives and projects from the onset. While the AFNWA takes a long-term approach, it recognizes that effective community-planning in early stages is an important asset.

Secondly, the work of AFNWA should be supported by the investments under Capital and Facilities and Maintenance Program. The AFNWA shared that ISC has not previously been open to considering existing infrastructure projects through the Capital and Facilities and Maintenance Program (CFMP) for investments in First Nation community infrastructure, even if such investments would ensure efficient delivery of water and collection of wastewater. Investments under the CFMP are used to support “First Nations to build healthy, safe and prosperous communities” and to “ensure that assets are managed in a cost-effective and efficient manner.”1 Ensuring the continued delivery of safe drinking water and the removal of wastewater through the AFNWA remains an important investment by ISC to ensure the health, safety and prosperity of Indigenous communities. Utilizing AFNWA’s existing infrastructure is a cost effective and efficient way to ensure every Atlantic First Nation has access to clean drinking water and sanitation, removing the need to invest in the construction of new wells, septic systems, tanks, etc. With AFNWA’s existing infrastructure and the Service Delivery Transfer Agreement for up to 17 First Nations, the CFMP investments will help to improve and expand water services for Atlantic First Nations. ISC must remove the CFMP’s restriction against providing investments to existing infrastructure projects to ensure this important support can be accessed by the AFNWA.

Individual Well and Septic Systems must be included as an investment and policy area for ISC. ISC funding, which by extension includes AFNWA’s funding, does not currently account for the upgrade and maintenance of individual well and septic systems which many First Nation communities utilize to serve their members. In the National Assessment of Water and Wastewater Systems in First Nations Communities, 29% of the 740 community water systems assessed were identified as posing a potential high-risk that could negatively impact water quality, and 46% were identified as medium-risk. Of the 462 community wastewater systems assessed, 16% were identified as high risk that could negatively impact wastewater effluent quality, and 44% were medium-risk.2 Further, the First Nation Clean Water Act does not give First Nations or First Nation governing bodies the ability to develop standards for wells and septic systems. First Nations must have the funding and authority to ensure that they continue to receive safe drinking water and effective wastewater systems through the continued care and upkeep of water systems in accordance with a high-quality standard.

As the First Nations Clean Water Act is in its second reading, the AFNWA shared several other recommendations which the Board supports, that must be considered:

  • Provide adequate funding to meet regulations, as well as for proactive treatment of emerging contaminants and adherence to future regulations.
  • Support First Nations led Regulatory and Compliance bodies.
  • Consider that wastewater regulations go beyond Wastewater Systems Effluent Regulations (WSER) with inclusion of Effluent Discharge Objectives based on Environmental Risk Assessments consistent with the Canadian Council of Ministers of the Environment’s (CCME) Municipal Wastewater Effluent Strategy.
  • Be supportive of an annual residential lead program for all First Nation communities.

In regard to the fire protection services provided by AFNWA, ISC must define the level of service for fire protection to ensure infrastructure is built to accommodate that level of service. Without a level of service defined, the AFNWA stated that some tanks are not big enough for fire projection and drinking water storage, and others are too large, leaving the water quality to deteriorate as the water sits stagnant. Appropriate infrastructure for fire protection must be prioritized by ISC, ensuring communities have a sufficient amount of water stored for fire protection without risking the water quality.

Lastly, investments must be made in the capacity development of First Nations in STEM careers. For more Indigenous-led utility services to be provided to Indigenous communities, funding must be available to support individuals entering into these careers, and industry level competitive pay must be offered to keep workers in these fields.

Constantly working towards improving access to safe drinking water and wastewater removal systems for First Nations must be a priority of the federal government. The recommendations within this letter must be implemented to ensure that organizations such as the AFNWA have the support and conditions to provide First Nations with necessary services for the realization of a basic human right.

Thank you for your immediate and important consideration of the recommendations articulated within this letter, and please know that the NIEDB is open to a continued dialogue on this matter.

Sincerely,

Dawn Madahbee Leach
Directrice général

  1. Capital Facilities and Maintenance Program (sac-isc.gc.ca)
  2. National Assessment of Water and Wastewater Systems in First Nations Communities - Summary Report (sac-isc.gc.ca)

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