A National Water Policy for Canada
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A Briefing Note prepared by the Council of Canadians
The Canadian government’s current Federal Water Policy is over 20 years old. Without a comprehensive national water strategy, Canada’s water is left vulnerable to contamination, shortages, and pressure to export water in bulk to the United States.
Founded in 1985, the Council of Canadians is Canada’s largest citizens’ organization, with members and chapters across the country. We work to protect Canadian independence by promoting progressive policies on fair trade, clean water, energy security, public health care, and other issues of social and economic concern to Canadians.
The Council of Canadians has been actively involved in national and international water issues since 1986. The national water campaign has two key objectives: to secure a national water policy and to assert water sovereignty in regard to transboundary water issues.
Shortages and crumbling infrastructure
More than 25 per cent of Canadian municipalities have faced water shortages in recent years and more than one third rely on groundwater. Natural Resources Canada keeps scant data on groundwater, and knows dangerously little about the sustainability of this supply.
Canadian municipalities issue hundreds of “boil water” advisories each year to protect residents from contaminated water, yet Canada still has no national clean drinking water standards.
Communities across the country desperately need money to pay for water pipes and filtration systems. But municipal governments are chronically under funded, and many are turning to private investors to rebuild infrastructure through public-private-partnerships. The federal government is supporting the use of P3s through its $1.25 billion Public Private Partnerships Fund, which seeks to “support innovative projects that provide an alternative to traditional government infrastructure procurement” and “facilitate a broader use of P3s in Canadian infrastructure projects.”
Meanwhile, water companies are aggressively pursuing new “markets” on First Nations reservations, where generations of neglect from the Canadian government have left over 65 per cent of communities with unsafe water and unsuitable or non-existent sanitation services.
Council of Canadians members are well aware of the problems associated with P3s, including skyrocketing costs, diminished quality and unaccountable management. But the Conservative government is determined to push the P3 model at the expense of Canada’s deteriorating water infrastructure.
Bulk Water Exports
Canada is under increasing pressure to export water in bulk through pipelines or tankers. Water exports would spell disaster for the environment and are the wrong prescription for water shortages in areas, such as the U.S. southwest, that have adopted unsustainable development and agricultural practices.
Despite some claims to the contrary, Canada’s ban on bulk water exports is purely voluntary (and therefore virtually useless), because it could be broken by any province at any time. In recent years, British Columbia, Ontario, Quebec and Newfoundland have all considered licensing schemes for bulk water exports.
The North American Free Trade Agreement (NAFTA) treats water as an investment and a commercial good. The investor rights, national treatment and proportionality clauses in NAFTA impinge upon Canada’s sovereign right to steward its water resources in the public interest. Any legislation on water exports must address our trade obligations and the patchwork quilt of jurisdictional powers through a federal-provincial accord.
It is time for federal leadership to develop a National Water Policy that addresses the urgent need for infrastructure investment, provides national standards for drinking water quality and bans the export of water in bulk.
A National Water Policy must include the following elements:
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A ban on bulk water exports and comprehensive restrictions on new diversions. Bulk exports leave Canada’s water vulnerable to environmental depletion and to international trade challenges.
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Binding national standards on drinking water quality. All Canadians deserve access to clean drinking water.
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A national investment strategy to enable municipalities and First Nations communities to upgrade desperately needed infrastructure. Public health and safety is best served by publicly owned and operated utilities that are accountable to the community.
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A commitment to ensure water does not become a tradable commodity in current and future trade deals. If Canada were to start selling water for commercial purposes, NAFTA would never allow us to turn off the tap.
To be effective, this policy must be developed among all of the different levels of government – federal, provincial, territorial, municipal and aboriginal. A national water policy and action agenda could be framed in two tiers. The first would be the adoption of a common set of principles with the provinces. The principles could include that water is a human right, a public trust, a public service and a sovereign responsibility to protect. The second tier would be federal action in the areas over which the federal government has jurisdiction. This includes combating pollution, overseeing fisheries, and taking action to address conflicts related to transboundary waters and water on aboriginal lands.
It is a national shame that Canada has consistently opposed the right to water at the United Nations. Access to clean fresh water is a right and a requirement for leading a life in human dignity. Canada is the only one of 53 countries to have voted against formally recognizing this right and appointing a special rapporteur on water.
Water a priority
Water is clearly an important issue for all Canadians. In 2004, an Ipsos Reid poll commissioned by the Council of Canadians found that 97 per cent of Canadians support the call for a National Water Policy. In 2005, the Prime Minister’s Office received 120,000 letters, emails and phone calls on the subject of bulk water exports and water privatization – the largest volume of communications on any issue after same-sex marriage.
The Council of Canadians is calling on the Canadian government to develop a National Water Policy that preserves the integrity of water as a shared public trust. A comprehensive environmental platform would be incomplete without protection measures of the highest calibre for Canada’s fresh water. The Council of Canadians also calls on the federal government to champion the right to water at the United Nations and around the world.
We hope we can count on your support.
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