A proposed federal law won't compel Delta to provide water and sewer services to the massive growth planned at the Tsawwassen First Nation.
At least that's the assurance Delta-Richmond East MP Kerry-Lynne Findlay offered the municipality recently.
In a letter to Mayor Lois Jackson and Delta council, Findlay addressed concerns about proposed Bill S-8, the Safe Drinking Water for First Nations Act, and its potential impact on municipalities adjacent to First Nations land, specifically Delta.
She noted the legislation only applies to First Nations land and does not oblige neighbouring municipalities to enter into service agreements. It also won't download costs to provinces or municipalities. Any such costs must be borne by the relevant Fist Nation or the federal government, she said.
Introduced in the Senate last year, the goal of Bill S-8 is to develop better access to safe drinking water. It also aims to ensure the effective treatment of wastewater and the protection of sources of drinking water on First Nation lands.
The federal government currently has exclusive jurisdiction for drinking water and sewage treatment standards on reserves. Concern had been raised by local governments, including Delta, as well as Metro Vancouver, that new legislation would delegate the provision of drinking water and sewage treatment, as well as enforcement of standards, to third parties.
Delta 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 also made it clear it's only a temporary deal.
Delta has also made it clear it does not have the infrastructure capacity to service the TFN's huge growth plans.
A report to council this year noted that if the municipality were compelled by the provincial government to provide water and wastewater to TFN, Delta would not have the system capacity to meet its own sewerage demands.
Mayor Lois Jackson wrote to Prime Minister Stephen Harper conveying concerns. A meeting of the B.C. Conservative caucus, of which federal Minister of Aboriginal Affairs John Duncan is a member, was held where the issue was discussed. Findlay said the minister subsequently addressed the issue with Metro Vancouver chair Greg Moore.
She said there are many municipalities that have service agreements of one sort or another with neighbouring First Nations, including Delta.
"Municipalities may enter into further and other like-service agreements in the future. However, S-8 does not oblige a municipality to do so and will not dictate terms of any such agreements. That will be between the Fist Nation and the municipality as separate and independent contracting bodies," she stated.
Her assurances were echoed in Duncan's response to Moore.
Although it appears Delta won't be compelled to provide services to the TFN through the proposed federal legislation, it's still not clear if the municipality may still be forced to do so by other means.
Metro Vancouver won't comment on the TFN's ongoing attempts to obtain servicing for the First Nation's developments, including a housing development that's already started and a huge shopping mall where site preparation is underway.
Delta CAO George Harvie told council last month they are waiting for the results of engineering studies commissioned by the regional district and TFN looking at the First Nation's sewer and water requirements as well as options such as building an on-site sewage treatment plant.
