PoPulationand Public HealtH etHics

the use of policy directives and spending conditions. 3-6 Some communities
using the First Nations Land Management Act , have developed regulations
to provide local services, like supplying drinking water. 7 However, the quality
of the relevant water regulations is variable, with some self-government
agreements providing no regulatory agreement for potable water. 3-6 Costs
related to the operation and maintenance of water and wastewater systems
are the shared responsibility of the federal government and the relevant First
Nation government. 3, 6 The various jurisdictional responsibilities result in ambiguity.
For instance, First Nations communities are responsible for testing
for bacteriological contamination in drinking water, but the federal government
cannot enforce the testing, other than by withholding funding meant
for this purpose. 8 In 2010, a bill was introduced to Parliament regarding safe
drinking water for First Nations. The bill provides for the development of
federal regulations governing the provision of drinking water, water quality
standards and the disposal of waste water in First Nations communities.
Importantly, the bill also establishes that federal regulations developed in
this regard may incorporate, by reference, provincial regulations governing
drinking water and waste water in First Nations communities. 9 Varied provincial
and territorial standards were a challenge for the proposed bill and
ultimately, the federal government remains responsible for the drinking
water and wastewater of First Nations communities. A revised bill is being
considered. Critics of the bill have indicated that financial resources need to
be in place before new legislation is passed. 10
The jurisdictional complexity governing First Nations water and wastewater
systems contributes to the overall risks associated with managing such
systems. Since the national survey showed that so many First Nations water
and wastewater systems were at risk, the federal government had to decide
what to do about the results. In the end, the government decided to target 15
First Nations communities for improvement in the first year, with 57 more
to follow in the next four years.
There are a number of interrelated ethical issues in this case. These issues
emerge from the decision to conduct the survey in the first place, and from
the need to respond to its results.
First, the federal government was aware of many First Nations communities
with high-risk water systems before the study was undertaken. Because the
First Nations Drinking Water Policies
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