Bill C-61 Is Coming Back. What the First Nations Clean Water Act Means for Your Infrastructure Planning
As of March 2026, First Nations leaders across Canada are calling on the federal government to reintroduce Bill C-61 — the First Nations Clean Water Act — after it died on the order paper when Parliament was prorogued. With nearly a third of First Nations in Ontario still under drinking water advisories, and provincial governments in Alberta and Ontario actively opposing the legislation, the path to enforceable water standards is contested. For Band Councils and Directors of Infrastructure, this legislative uncertainty has direct implications for how you plan, fund, and deliver water infrastructure.
The Problem: Enforceable Standards Don't Yet Exist
Canada has invested billions in First Nations water infrastructure since 2016. Yet without legislation establishing enforceable standards, minimum service levels, and clear jurisdictional accountability, communities remain dependent on discretionary federal funding rather than rights-based entitlements. The gap between investment and enforceable outcomes remains.
The Trend: Legislative Uncertainty Requires Proactive Community Planning
Whether or not Bill C-61 is reintroduced in its original form, the federal government has committed to maintaining the First Nations Water and Wastewater Enhanced Program and its approximately 800 active infrastructure projects. The ISC 2026-27 Departmental Plan confirms continued investment in water and wastewater infrastructure. Communities that have built strong governance and project management capacity will be better positioned regardless of the legislative outcome.
The Solution: Build Infrastructure Governance That Doesn't Depend on Legislative Outcomes
XNM Consulting works with First Nations communities to develop the infrastructure governance frameworks, asset management systems, and project delivery capacity that produce results — independent of the legislative environment. Our housing and infrastructure advisory services help communities move from advisory status to shovel-ready projects, and from reactive maintenance to proactive asset management.
Practical Takeaways for Band Councils and Infrastructure Directors
Do not wait for legislation to act — the federal funding for water infrastructure is available now through the Water and Wastewater Enhanced Program.
Conduct a current-state assessment of your water and wastewater infrastructure to identify gaps and prioritize investments.
Develop an operations and maintenance plan for existing water systems — this is increasingly required by federal funders.
Engage your ISC regional office to understand your community's position in the active project queue and what is required to advance.
Monitor the legislative process and prepare to engage in consultation processes when Bill C-61 is reintroduced.
Conclusion
The legislative battle over Bill C-61 reflects a deeper truth: access to safe drinking water for First Nations communities should not depend on political will. But until enforceable standards exist, communities must build the governance and project delivery capacity that produces results within the current system. The communities that do this work now will be best positioned when the legislative framework finally catches up.
Reach out to XNM Consulting to discuss how we can support your water infrastructure planning and governance development.