Report of the Expert Panel on Safe Drinking Water for First Nations
Table of Contents
Background
Conclusions
- Provincial Laws of General Application
- Existing Federal Legislation
- New Federal Legislation
- Incorporating Provincial Water Laws in New Federal Legislation
- Applying Asserted First Nation Jurisdiction and Customary Laws
Provincial Laws of General Application
- Constitutional Framework: The Division of Powers
- Federal Jurisdiction
- Provincial Jurisdiction
- Do Provincial Water Laws Apply on Reserve?
- Do Provincial Water Laws Apply of Their Own Force?
- Saved by s. 88 of the Indian Act?
- Summary of Legal Issues
- Uncertainty in the application of provincial laws of general application.
- Possibility of provincial laws being displaced where band bylaws exist
- Issues with source protection and issuing emergency orders
Existing Federal Legislation
- Canada Water Act
- Canadian Environmental Protection Act
- Department of Health Act
- Department of Indian Affairs And Northern Development Act
- Fisheries Act
- Indian Act
- Regulations
- Bylaws
- First Nations Commercial And Industrial Development Act
- First Nations Land Management Act
New Federal Legislation: A Bridge to Self-Government
Incorporating Provincial Water Laws in New Federal Legislation
- Gaps in Water Standards Province to Province
- Need to Negotiate with Each Province
- Potential Role for First Nations Water Commission
Applying Asserted First Nations Jurisdiction and Customary Laws
Other Legal Considerations
- Liability of Bands and Band Councils
- Aboriginal Self-Government and Land Claim Agreements
- International Examples
- United States
- Australia
- New Zealand