Issues and Options from the Joint Table on First Nations Waste Management and Unauthorized Dumping

BACKGROUND:

Prior to the launch of the First Nations Solid Waste Management Initiative in 2016, there was no dedicated support for waste management on reserve lands, leaving most First Nations without adequate waste management infrastructure and the ability to participate in waste diversion. According to Indigenous Services Canada, roughly 42% of all contamination on reserve lands is a result of improper waste management.

Currently, waste management on reserve is governed by the Indian Reserve Waste Disposal Regulations (IRWDR). The IRWDR was developed without the input of First Nations and is widely considered ineffective and outdated, is of limited scope, and has minimal enforcement tools to deter third party polluters, rendering this regulation functionally obsolete.

Recognizing that waste management is a core public service that is essential to the health and safety of communities, the Joint Table has identified options to address these issues and improve the delivery of waste management services in First Nations communities.

JOINT TABLE ON WASTE MANAGEMENT:

OFNTSC’s Regional Solid Waste Specialist has been an active member of the Joint Table since its establishment in Fall 2024.

The Joint Table on First Nations Waste Management, made up of Indigenous technical organizations across Canada, was established to develop practical, community-informed, and culturally grounded solutions to the longstanding and complex issues surrounding waste management on First Nation reserve lands.

ISSUES AND OPTIONS 

An Issues and Options Paper was developed by the Joint Table to develop options to address waste management and unauthorized dumping on reserve lands.

A. Regulatory modernization and the recognition of First Nations leadership in the design and implementation of their own waste regulations and laws

ISSUE 

First Nation jurisdiction to develop their own environmental / waste laws, with a few exceptions, is not legally recognized.

OPTIONS

1. Repeal and replace the Indian Reserve Waste Disposal Regulations with federal regulations that are co-developed with First Nations, but with a scope more appropriate to managing contemporary waste management issues. 
2. New legislation that is jointly developed and that recognizing First Nations jurisdiction, thereby enabling the development of First Nation specific waste management laws. 
3. Incorporation of provincial/territorial waste management laws on reserve through stand-alone legislation, combined with the recognition of First Nation jurisdiction. Once incorporated, these would become First Nation laws.
    

B. Regulatory Reform must be linked to Funding Sufficiency and Sustainability.
 

ISSUE

Funding is typically time-limited and proposal-based making it challenging for communities to plan, develop expertise, and maintain service levels.

OPTION

1. That the federal government advance proposals to transition all federal funding for waste to core, sustained funding, where waste management is recognized and funded as a fundamental public service.
2. That any legislative reforms recognize and affirm waste management as a core and ongoing public service with a corresponding commitment to long-term funding.
3. That a needs assessment be undertaken on a priority basis to identify the infrastructure and operational needs of communities, based on an agreed upon methodology, to support any future funding proposals and reforms.
    

C. Strengthening Community Capacity to Build Resilient Communities
 

ISSUE

First Nations require trained and dedicated staff to management waste systems and enforce local regulations.

OPTION 

First Nations-led Waste Operator Certification Pilot Program:
The pilot program should align with any new regulations or standards that may be developed, and ensure that First Nations wase operators are trained to understand: 

1. Collection and sorting
2. Hazardous waste handling
3. Recycling processes
4. Composting techniques
5. Site permitting 
6. Tracking waste volumes, types, and manage data systems.

The pilot should be evaluated within 3-5 years, and if successful, implementation be considered on a more permanent basis, either through regional delivery models (e.g., tribal councils, technical organizations) or nationally through a First Nations-led institution.

D. Dual Track Approach to Unauthorized Dumping / Enforcement
 

ISSUE

Unauthorized dumping has been identified as a complex and widespread concern among First Nations. However, few enforcement tools exist or are easily accessible to enable First Nations to respond to external third-party polluters, including limited capacity for monitoring and legal recourse.  A dual-track approach would ensure that enforcement is both culturally responsive and legally robust.

OPTIONS

Addressing Illegal Dumping of external third-party actors by:

1. In collaboration with Environment and Climate Change Canada, formally explore the application of Part 9 of the Canadian Environmental Protection Act to address third-party dumping on reserves or undertakings that have a direct impact on First Nations lands.  
2. On a pilot basis, and with interested First Nations, launch an initiative to develop framework regulations under CEPA Part 9 or stand-alone federal legislation that could be applied to third-party actors whose activities may negatively affect First Nations reserve lands. 
3. Convene a Federal-Provincial-First Nations Forum on Illegal Dumping, such as a special meeting of the Canadian Council of Ministers for the Environment and First Nations Leadership to explore potential areas of collaboration to deter illegal dumping on First Nations lands and explore how enforcement provisions under provincial and/or federal laws can be strengthened for off-reserve actors who dump or negatively impact reserve lands. 

OPTIONS

Support for community-based voluntary compliance approaches by:

1. Investing in awareness and engagement initiatives. Public awareness efforts and community support were identified as key to improving community-wide stewardship and compliance with local waste management efforts. The following initiative(s) could be implemented quickly, and on a pilot basis, if appropriate: 
   1. Public Awareness: Programs to educate households on proper sorting, recycling, and the importance of waste reduction.
   2. Youth Involvement: Engaging schools and youth programs in recycling and environmental initiatives.
       
2. Ensure tiered enforcement regulations at the local level: Establishing transparent regulatory standards, especially for businesses operating on First Nations lands, locally-applied regulations should identify tired enforcement mechanisms such as verbal warnings, written notices, fines, and community service, aligned with Indigenous laws and community values.
    

E. Partnerships and Collaboration: Increasing First Nations Access to EPR Programs
 

ISSUE

Not all First Nations have been able to take advantage of the benefits that Extended Producer Responsibility can offer, including the reduction in tipping fees due to less waste going to landfills and resource cost recovery.  

OPTION

Develop and implement a First Nations-specific Extended Producer Action Plan that:
Builds on best practices, such as British Columbia's EPR system under Recycle BC, which supports communities that have signed direct service agreements, by expanding and improving these models across the country. 
Supports training in recycling operations.

For more information, or to request a copy of the report, please contact Heidi Manitowabi, Regional Solid Waste Specialist at solidwaste@ofntsc.org.