Tech Services - INAC

1. Tech Services - INAC Procedure for Addressing DWAs and Other News OFNTSC Meeting Rama, Ontario, October 11, 2007 Presentation by: S. Crystal & J Steeves

2. News from INAC HQ PRESENTATION OUTLINE • Drinking Water Protocol & Provincial Regulations • Procedure for Addressing DWAs • Wastewater Protocol • Circuit Rider Training Program • National Assessment • Summary

3. News from INAC HQ Drinking Water Protocol & Provincial Regulations

4. Protocol for Safe Drinking Waterin First Nations Communities The “Protocol for Safe Drinking Water in First Nations Communities” is a set of long-awaited, clear standards for the design, construction, operation, maintenance, and monitoring of First Nations drinking water systems.

5. Protocol for Safe Drinking Waterin First Nations Communities The Protocol was developed over a period of 2+ years with input from: • INAC regions; • OGDs; and • First Nations water experts (including the OFNTSC and Alberta’s Technical Services Advisory Group).

6. Protocol for Safe Drinking Waterin First Nations Communities INAC reviewed the regulatory frameworks of all Canadian jurisdictions to identify a set of best regulatory practices. This body of best practices was then "First Nation-ized" to be appropriate to the scale and context of drinking water systems in use in Canada's First Nations

7. Highlights of the DW Protocol Implementation As of March 21st, 2006, as per the Minister's announcement, the Protocol was implemented immediately by INAC Regions and by now all First Nations should be complying with its requirements.

8. Highlights of the DW Protocol Application: The Protocol applies to any First Nation drinking water system that: • Is funded in whole or part by INAC; & • Serves five or more households (or a publicly-owned facility).

9. Highlights of the DW Protocol Design Requirements: Design standards for FN water systems will be as set out in: “Design Guidelines for First Nations Water Works”

10. Highlights of the DW Protocol Performance Requirements: Drinking water must meet the water quality criteria set out in the latest edition of Health Canada’s “Guidelines for Canadian Drinking Water Quality” (GCDWQ)

11. Highlights of the DW Protocol Monitoring Requirements: The Protocol specifies three types of monitoring: • Operational monitoring • QA/QC monitoring • Third party monitoring

12. Highlights of the DW Protocol Monitoring Requirements: Operational monitoring is conducted by the operator and includes daily and weekly water quality tests of: • Raw water • Treated water, and • Distribution system water.

13. Highlights of the DW Protocol Monitoring Requirements: (cont’d) Historically some First Nations have relied solely on weekly water quality testing (at the tap only) performed by Health Canada. Operators should undertake regular Operational monitoring.

14. Highlights of the DW Protocol Training & Certification: Operators must be trained and certified to the level specified by provincial operator certification requirements for their classification of system.

15. Highlights of the DW Protocol Record Keeping: Water system operators and managers must keep on file all records related to required water quality monitoring, operations, and system maintenance for a period of not less than 5 years.

16. Highlights of the DW Protocol Annual Inspections: Inspections to verify system performance must be completed annually by a qualified inspector as set out in: “Guide for Annual Inspections of First Nations Drinking Water Systems” (Appendix H of the Protocol)

17. Highlights of the DW Protocol Annual Inspections (cont’d): Annual inspection reports are a collaborative process involving all stakeholders (including the Circuit Rider Trainer) and concentrate on water system performance and whether the water is safe to drink.

18. Highlights of the DW Protocol Annual Inspections (cont’d): System performance will be assessed based on: • Water quality testing results (as provided by HC and FN); • Operational procedures; and • Operator certification level in relation to system classification.

19. Highlights of the DW Protocol Compliance First Nations need to meet the more stringent of either: • The Protocol’s requirements; or • Provincial standards

20. Highlights of the DW Protocol Compliance (cont’d) This means that if an element in a provincial standard (e.g. turbidity) is more stringent than the same element in the Protocol, then that higher objective should be adhered to in that region. The rest of the Protocol still applies.

21. Highlights of the DW Protocol Compliance (cont’d) It is not possible for a region or for a First Nation to opt out of the Protocol.

22. Highlights of the DW Protocol Compliance (cont’d) Compliance with the Protocol is part of the terms and conditions of all funding agreements between the Government of Canada and First Nations.

23. Protocol Implementation To date, implementation of the Drinking Water Protocol has been disappointing.

24. Protocol Implementation Implementation of the Protocol by INAC Regions began March 21st, 2006, as per the Minister’s directive. Thus, by now (1 ½ years later) most First Nations should be complying with the Protocol’s requirements.

25. Protocol Implementation Unfortunately, many operators do not have a copy of the Protocol, or have not read it, or do not understand their responsibilities.

26. Protocol Implementation More action is needed to improve uptake of the Protocol by operators.

27. Protocol Implementation There are some basic questions that need to be answered: • What percentage of First Nations operators actually have a copy of the Protocol? • What percentage understand the Protocol’s requirements and comply with them?

28. Protocol for Safe Drinking Waterin First Nations Communities The Protocol is a “living document” and will be refined continuously to reflect feedback from First Nations practitioners. The latest version of the Protocol can be found at INAC’s web site: http://www.ainc-inac.gc.ca/H2O

29. First Nations Drinking Water and Provincial Regulations Why adopt provincial regulations? Compliance with the Protocol is achieved through terms and conditions of funding agreements between the Government of Canada and First Nations (i.e.: no laws exist to enforce compliance with the Protocol).

30. First Nations Drinking Water and Provincial Regulations Why adopt provincial regulations? The government does not consider this to be an effective way to ensure compliance or to foster accountability between Band Councils and their citizens.

31. First Nations Drinking Water and Provincial Regulations What might the government do? To provide First Nations residents with the same protection that is enjoyed by most Canadians, the government is considering enacting legislation that will apply provincial water regulations to First Nations water systems.

32. First Nations Drinking Water and Provincial Regulations What will this accomplish? The intention would be to provide First Nations with a regulatory regime that is enforced by laws, rather than terms of funding agreements.

33. First Nations Drinking Water and Provincial Regulations How would regulations be adopted? First Nations water systems would become subject to provincial regulations after they are adjusted to the context of First Nations communities. The requirements of the DW Protocol will continue on as a minimum baseline standard.

34. First Nations Drinking Water and Provincial Regulations How would regulations be enforced? Provincial regulations on reserve are expected to be enforced by provincial agencies.

35. First Nations Drinking Water and Provincial Regulations Will there be penalties? Yes. There will be both monetary penalties (fines) and punitive penalties (jail time) for non-compliance with provincial regulations.

36. First Nations Drinking Water and Provincial Regulations Will all Fist Nations be regulated? Yes. In provinces where the provincial regulatory regime is deemed inadequate, the Drinking Water Protocol will be the base level of standards upon which provincial regulations will be adjusted before adoption by INAC.

37. First Nations Drinking Water and Provincial Regulations When will this happen? The process of adapting and adopting provincial regulations for use in First Nations is expected to take 4 to 5 years. Implementation of the new regulations is expected to take an additional 3 to 5 years.

38. First Nations Drinking Water and Provincial Regulations And until then ….? The Drinking Water Protocol will continue to apply in all First Nations across Canada until it is replaced (if ever) by provincial regulations.

39. News from INAC HQ PRESENTATION OUTLINE • Drinking Water Protocol and Provincial Regulations • Procedure for Addressing DWAs • Wastewater Protocol • Circuit Rider Training Program • National Assessment • Summary

40. News from INAC HQ Procedure for Addressing DWAs

41. Background on DWAs in First Nations Communities Problems with DWAs The number and the duration of Drinking Water Advisories (DWAs) in First Nations communities has become a chronic public safety problem in some First Nations.

42. Background on DWAs in First Nations Communities According to data from Health Canada, as of November 2, 2006, more than 100 DWAs were in effect in First Nations communities across Canada. Of these 100 DWAs: • 63% are more than 1 yr old • 45% are more than 2 yrs old • One DWA was in place for more than 21 years.

43. Background on DWAs in First Nations Communities In 2006, HC completed a survey on DWAs. The following are some conclusions of the study: • Drinking Water Advisories are ineffective: • If they are not fully understood; • If they are frequent, on-going, or excessively long-term. • If the causes of DWAs in First Nations communities are not addressed effectively, serious health problems can result.

44. Background on DWAs in First Nations Communities In 2005, the Drinking Water Advisory Working Group (also known as the DWAWG team) was formed to develop a procedure to help First Nations address their DWAs. The DWAWG team had members from: • Health Canada HQ and regions; • INAC HQ & regions; and • First Nations (including technical services providers like OFNTSC).

45. Background on DWAs in First Nations Communities The DWAWG has developed a procedure entitled: “Procedure for Addressing Drinking Water Advisories in First Nations Communities South of 60° (Procedure)” The Procedure is to be rolled out nation-wide this Fall at eight regional awareness sessions.

46. Background on DWAs in First Nations Communities The procedure will assist First Nations to address their DWAs more quickly by: • Clarifying roles & responsibilities; and • Developing community-based water team (CBWT).

47. Background on DWAs in First Nations Communities The DWAWG undertook an extensive process of obtaining feedback from stakeholders to complete the final draft of the Procedure. In July/August 2006, the draft Procedure was distributed to INAC regional managers for comment. HC also distributed the draft to its regions and selected First Nations for comments.

48. Background on DWAs in First Nations Communities Most (if not all) comments received were addressed by changes incorporated into the final Procedure. The Procedure will be a living document, regularly updated as needed.

49. Highlights of the Procedure Application The Procedure will apply to all INAC-funded First Nations drinking water systems where effective procedures to address DWAs do not already exist.

50. Highlights of the Procedure Basic Approach The Procedure is a step-by-step guide to help First Nations address the underlying causes of DWAs in their communities. The Procedure is intended for use by Chief and Council which will chair a new local group, called a Community-Based Water Team (CBWT), that will advise Chief and Council on how best to efficiently address a DWA.