Bill S-8 explained in plain English

Bill S-8 is an Act respecting the safety of drinking water on First Nation lands that empowers the Governor in Council to make regulations governing the provision of drinking water and disposal of waste water on First Nation lands.

Bill S-8, the Safe Drinking Water for First Nations Act, received Royal Assent on June 19, 2013. This Act creates a legal framework to ensure safe drinking water on First Nation lands. The Act allows the Governor in Council (the federal Cabinet) to make regulations that govern how drinking water and waste water are managed on First Nation lands. These regulations can address matters such as training and certification of water system operators, protecting water sources from contamination, designing and maintaining water and waste systems, monitoring water quality, and responding to water contamination emergencies. The Act recognizes that provinces have different regulatory regimes for water safety. Regulations made under this Act can be tailored province-by-province and can mirror existing provincial rules, with adjustments to fit First Nation circumstances. Regulations can also vary among First Nations within a province or exempt certain First Nations from their application. The regulations must include quality standards for drinking water. They may establish offences punishable by fine or imprisonment for violations, with penalties not exceeding what provincial law would impose for the same conduct. They can also create a system of administrative penalties for breaking the rules. The Act preserves Aboriginal and treaty rights under the Canadian Constitution, except to the extent necessary to ensure safe drinking water. It also clarifies that federal and provincial officials administering these regulations receive the same legal protections they would have when enforcing similar provincial laws. The Act does not authorize regulations about allocating water supplies or issuing permits for water use other than drinking water provision. Fees and charges collected under the regulations are not considered "Indian moneys" under the Indian Act or public money under federal accounting rules.

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 29 February 2012, the Leader of the Government in the Senate introduced Bill S-8, An Act respecting the safety of drinking water on First Nation lands (Safe Drinking Water for First Nations Act) in the Senate and it was given first reading. Bill S-8 addresses health and safety issues on reserve lands and certain other lands by providing for regulations to govern drinking water and waste water treatment in first nations communities. Among other things, it • provides First Nation communities with drinking water and wastewater standards comparable to provincial or territorial standards off reserves; • establishes a common base to evaluate the effectiveness of the operation, design and maintenance of water and wastewater systems; and • allows for regional flexibility, as federal regulations could vary from province to province and territory to territory.