Delta council is voicing concerns over the prospect of being compelled to provide water and sewer services for the massive growth planned by the Tsawwassen First Nation.
Civic politicians discussed a staff report examining the uncertainties regarding a piece of proposed federal legislation that could make such a requirement a reality.
Introduced in the Senate last year, the Safe Drinking Water for First Nations Act (Bill S-8) is aimed at developing better access to safe drinking water and to ensure the effective treatment of wastewater on First Nation lands.
The federal government has exclusive jurisdiction for drinking water standards and sewage treatment on reserves.
The new legislation would delegate the provision of drinking water and sewage treatment, as well as enforcement of standards, to third parties, which could include provincial and local governments.
Delta provides municipal water services to Musqueam Indian Band Reserve for land located within municipal boundaries. The 142-acre parcel in Ladner is subleased as farmland. The municipality does not provide wastewater services to the Musqueam.
Delta also provides limited water and wastewater services to the Tsawwassen First Nation. In 2009, Delta signed a five-year agreement for extended servicing, however, the municipality made it clear that it's only a temporary deal.
Delta has reiterated that it does not have the infrastructure capacity to service the TFN's huge growth plans, which include housing, two mega-malls, a hotel and more.
"We all want to see First Nations drinking water improved to meet standards, but this could be brought about at the expense of adjacent communities and that's just plain not fair," said Coun. Robert Campbell.
Coun. Bruce McDonald agreed, saying there's good reason to be concerned about what's unfolding. He said Delta has a good relationship with the TFN and he hopes the "goodwill and respect" will continue.
"My concern is there will be a one-size-fits-all process and that serves no one well. I think we have legitimate concerns about the cost of providing the service, but I want to emphasize that we have had and are having good relations with Tsawwassen. I hope that once the monetary requirements are sorted out that that will continue," McDonald said.
The report to council echoes many of the concerns in the regional district discussion paper. The Delta report notes that if the municipality were compelled by the provincial government to provide water and wastewater to TFN and Musqueam, Delta would not have the system capacity to meet its sewage demands.
It is not clear in the act who would be responsible for funding infrastructure upgrades. Increasing water and wastewater capacity, installing distribution systems and upgrading pump stations would have severe financial implications for the municipality, the report notes, adding it's also unclear whether Delta would be held legally liable for the services.
Another concern is that Delta does not have the authority to collect taxes from First Nations, so should a service charge go into arrears, Delta has no ability to collect.
Council agreed to have Mayor Lois Jackson write various provincial and federal ministers as well as Prime Minister Stephen Harper to convey concerns and ask for answers.
Bill S-8, passed third reading in the Senate and also first reading in the House of Commons. The bill is now in the process of second reading and, if passed, will be referred to a standing committee on aboriginal affairs.
