Neskantaga First Nation is raising concerns about the federal government’s newly introduced First Nations Clean Water Act, arguing the legislation does not go far enough to recognize Indigenous jurisdiction over water despite being presented as a landmark step toward ending long-standing drinking water problems on reserves.
The proposed legislation, Bill C-37, was tabled Tuesday by Indigenous Services Minister Mandy Gull-Masty. It aims to establish a new legal framework for First Nations drinking water and wastewater services, while backing the effort with billions of dollars in federal funding.
Gull-Masty told reporters on Parliament Hill that Bill C-37, tabled in the House of Commons on Tuesday, will “advance the critical work of addressing long-term drinking water advisories” and recognize First Nations jurisdiction over water on their lands.
But leaders in Neskantaga First Nation, a remote northwestern Ontario community that has lived under a boil-water advisory for more than 31 years, said Canada’s latest attempt to address the issue falls short.
“The People of Neskantaga First Nation have lived the reality and impacts of a long-term boil water advisory for over 31 years,” Chief Gary Quisess and council said in a statement.
They argued the bill offers only “delegated authority” rather than true recognition of First Nations jurisdiction over water, and fails to adequately address the concerns of historic treaty signatories.
Mandy Gull-Masty, Minister of Indigenous Services speaks with the media in the Foyer of the House of Commons on Parliament Hill in Ottawa, Tuesday, June 16, 2026. (The Canadian Press/Adrian Wyld)
The community also said the persistence of long-term drinking water advisories reflects a broader “infrastructure gap on-reserve” and called for living standards comparable to those enjoyed elsewhere in Canada.
‘Somewhat relieved,’ says Grand Chief Alvin Fiddler
Alvin Fiddler, Grand Chief of the Nishnawbe Aski Nation (NAN), said he’s “somewhat relieved” to hear about the legislation being introduced “to begin to address these long standing issues on clean, safe drinking water.”
He noted that Pikangikum First Nation, a community of 4,000 people, has not had clean, safe drinking water “for a long, long time.”
Fiddler said it’s not just Pikangikum. “We have communities in NAN like Neshkantaga that has been on the boil water advisory list for 31 years. My own community of Muskrat Dam, which has 250 people, has been on that list since 2003 — that’s 23 years now.
“And so while we welcome this news of this new Bill … we need to remain involved right throughout the process, including its implementation,” Fiddler said.
Anishinabek Nation Grand Council Chief Linda Debassige said Bill C-37 contains a new limitation around water in so-called protection zones that was added without meaningful input from First Nations.
Debassige said the changes reduce Canada’s legislative requirements to involve First Nations in the development of regulations, and there is concern the change reflects a “prioritization of provincial economic interests and assertions of jurisdiction over First Nations’ health, well-being, infrastructure, and constitutional rights and jurisdiction.”
The legislation has also drawn criticism from the Chiefs of Ontario for vague language around First Nations’ right to clean drinking water, compared to Bill C-61, which affirmed the “human right of every individual on First Nations land to have access to clean and safe drinking water in accordance with this Act.”
You can’t just provide a brand new fancy drinking water treatment plant without thinking about the long-term operation and maintenance.- Kerry Black, associate Prof. University of Calgary
While some First Nations leaders have expressed skepticism, water policy expert Kerry Black said the legislation represents an important and long-awaited step.
Black, an associate professor and Canada Research Chair at the University of Calgary who has spent two decades working on water and wastewater issues in First Nations communities, said the bill builds on years of advocacy and follows the collapse of similar legislation when Parliament dissolved in early 2025.
“I’m so excited that it’s finally being retabled,” Black told CBC News, noting the legislation is intended to fill a major regulatory gap because enforceable drinking water regulations that exist elsewhere in Canada do not currently apply in the same way on First Nations.
Black said chronic underfunding and a history of top-down decision-making have contributed to the persistence of water problems in many Indigenous communities.
“Rarely are First Nations given the ability to lead and implement their own solutions,” she said. “It just takes forever to get things done.”
(Submitted by Kerry Black)
She added that political priorities have often delayed progress and said a class-action settlement over long-term drinking water advisories helped force action by making new legislation a requirement.
The federal government has tied approximately $4.6 billion in funding over five years to the legislation, but Black cautioned that the size of the investment alone will not determine its success.
“It’s not necessarily the amount that’s committed, it’s the change that we’re seeing at the community level,” she said. Black noted that despite years of investment, some northern Ontario communities have continued to see new long-term drinking water advisories in recent years.
She said many Canadians underestimate the complexity and cost of providing safe drinking water in remote communities. Challenges can include geographic isolation, a lack of underground water infrastructure, difficult terrain and decades of deferred maintenance.
Even when new treatment plants are built, Black said long-term operating and maintenance funding remains essential.
“You can’t just provide a brand new fancy drinking water treatment plant without thinking about the long-term operation and maintenance,” she said, pointing to ongoing costs such as staffing, repairs and training.
Black said she will be watching closely as the bill moves through Parliament and committee review. She said key measures include the creation of a First Nations-led water commission, a funding framework developed by First Nations and how provincial governments respond to the legislation.