The Honourable Mandy Gull-Masty
Minister of Indigenous Services Canada
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 Open Letter: UBCIC Opposition to Bill C-37 – First Nations Clean Water Legislation

Dear Minister Gull-Masty:

The Union of BC Indian Chiefs (UBCIC) expresses its strong opposition to Bill C-37, An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands, in its current form. While UBCIC recognizes the urgent need for legislation that guarantees First Nations' access to clean and safe drinking water, Bill C-37 fails to adequately recognize and uphold First Nations' inherent and constitutionally protected title and rights, and jurisdiction over their lands, waters, and resources. UBCIC cannot support the legislation as currently drafted and calls on Canada to undertake substantial amendments before advancing the Bill.

Through Resolutions 2022-41 and 2023-43, the UBCIC Chiefs-in-Assembly have consistently called for replacement drinking water legislation that is fully aligned with the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration), developed in full partnership with First Nations title and rights holders, and supported by long-term, sustainable funding. UBCIC previously raised significant concerns regarding Bill C-61, including its failure to adequately recognize First Nations' jurisdiction over source waters beyond reserve boundaries, establish enforceable federal funding commitments, and meaningfully implement free, prior, and informed consent (FPIC). These fundamental concerns remain unresolved in Bill C-37.

Water systems, watersheds, and source waters extend beyond colonial boundaries and are inseparable from First Nations' territories and the exercise of their title and rights. Limiting the recognition of First Nations' jurisdiction to water on reserve lands, or making jurisdiction over surrounding source waters contingent upon agreements with other governments, fails to respect the full scope of First Nations' inherent jurisdiction. 

UBCIC is also deeply concerned that Bill C-37 does not adequately recognize access to safe and clean drinking water as an enforceable human right or establish sufficiently binding obligations on Canada to ensure its realization. First Nations have endured generations of inadequate drinking water infrastructure and chronic federal underfunding. While Canada's recent funding commitments are acknowledged, financial announcements cannot substitute for clear legislative obligations to provide adequate, predictable, and long-term funding for water infrastructure, operations, maintenance, and the exercise of First Nations' jurisdiction. The legislation must establish enforceable standards and meaningful federal accountability rather than relying on discretionary commitments or qualified obligations.

Further, the development and implementation of Bill C-37 must be consistent with Canada's obligations under the United Nations Declaration on the Rights of Indigenous Peoples Act. Articles 19 and 32(2) of the UN Declaration require States to consult and cooperate in good faith with Indigenous Peoples through their own representative institutions to obtain their FPIC in the relevant circumstances. Meaningful co-development cannot be replaced by limited engagement opportunities or consultation after fundamental legislative decisions have already been made. First Nations must be able to meaningfully shape the legislation, its regulations, funding framework, and implementation mechanisms through their own chosen representatives and governance processes.

UBCIC calls on Canada to work directly with First Nations title and rights holders to substantially amend Bill C-37 to fully recognize and uphold First Nations' inherent and constitutionally protected title and rights, and jurisdiction over water and source waters throughout their territories, including beyond reserve boundaries. The legislation must expressly recognize the human right to safe and clean drinking water and establish enforceable federal obligations to ensure adequate standards for drinking water quality, quantity, and wastewater services. These obligations must be supported by adequate, predictable, and long-term funding for water infrastructure, operations, maintenance, and First Nations' exercise of jurisdiction.

Further, any amendments to Bill C-37 must ensure the full and effective implementation of the UN Declaration, including meaningful consultation and cooperation with First Nations through their own chosen representatives and governance processes, directed toward obtaining their FPIC. The legislation must also establish meaningful mechanisms for First Nations-led governance, source water protection, and federal accountability, with First Nations directly involved in the development of regulations, funding frameworks, and implementation mechanisms.

First Nations have waited far too long for legislation that meaningfully guarantees access to clean and safe drinking water while respecting their inherent jurisdiction over their lands and waters. Canada must not repeat the failures of previous legislative approaches that have failed to uphold First Nations' title and rights, and jurisdiction, or provide the resources necessary to ensure lasting solutions.

The continued failure of Canada to meaningfully uphold First Nations' title and rights, and jurisdiction, raises serious concerns about its commitment to reconciliation and the implementation of the UN Declaration. In the face of ongoing legislative approaches that fail to respect First Nations' rights and authority, UBCIC believes it may be time to renew the spirit of Idle No More and the collective mobilization that challenged Canada's disregard for Indigenous rights, lands, and waters.

UBCIC firmly rejects Bill C-37 in its current form and calls on Canada not to advance the legislation without substantial amendments developed in consultation and cooperation with First Nations title and rights holders, directed toward obtaining their FPIC. Canada must ensure that any replacement drinking water legislation fully recognizes First Nations' jurisdiction over water and source waters, establishes enforceable obligations to ensure safe and clean drinking water, and provides adequate, sustainable, and long-term funding.

We urge Canada to address these fundamental deficiencies and look forward to your response outlining the steps your government will take to amend Bill C-37.

On behalf of the UNION OF BC INDIAN CHIEFS

Grand Chief Stewart Phillip
President    

Chief Councillor Linda Innes
Vice-President    

Chief Marilyn Slett
Secretary-Treasurer

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