WC142 MayJune 2025 - Magazine - Page 10
ASK A LAWYER
Fluoridating Community Water
A local government’s prerogative
BY RACHEL DAY AND MELISSA TIMBRES
T
What is water fluoridation?
Fluoride is a mineral that naturally occurs in nearly all water
sources. In drinking water, there is evidence that fluoride
“Proponentsof昀氀uoridatedwatertoutthatitis
themostcost-e昀昀ectiveandequitablemethodof
delivering昀氀uorideonapopulationlevel."
helps reduce tooth decay and strengthen enamel. Because of
these oral health benefits, many Canadian communities have
fluoride added to their drinking water supplies through a
process called water fluoridation.
Proponents of water fluoridation cite the positive impacts
that flow from fluoride. For example, a study compared tooth
decay among children in Edmonton, Alta, where fluoride
is added to the water, and in Calgary, Alta., where it is not.
The study found that tooth decay and oral infection was
higher in Calgarian children than in Edmontonian children.
It comes as no surprise that proponents of fluoridated water
tout that it is the most cost-effective and equitable method of
delivering fluoride on a population level, saving families and
healthcare systems money on treating issues like cavities.
While many Canadians support community water
fluoridation, others oppose the practice. Opponents of
Rachel Day is a corporate commercial
lawyer practicing at
Miller Thomson LLP.
10
WATER C AN ADA • M AY/JUNE 2025
Melissa Timbres is a
partner practicing in the
firm’s financial services
and real estate groups
at Miller Thomson LLP.
fluoridation believe adding fluoride to
the water does more harm than good.
Consumption of high fluoride levels
have been linked to dental and skeletal
fluorosis, a condition that weakens the
bones. One study linked high levels of
fluoride exposure in children with lower
IQs. Some argue that adding fluoride
to water takes away individual choice in
that people cannot opt out of receiving
fluoridated water.
What level of government has the authority to add fluoride
to local water supplies?
To advocate for a preference, regardless of whether it is in
support or opposition to community water fluoridation, it is
important to understand the legal framework around adding
fluoride to drinking water supplies. Although some aspects
around regulating water and waterways fall into the federal
government’s scope of authority, managing local water supplies is a provincial responsibility. However, as is evidenced
by the study of Calgarian and Edmontonian children, not all
cities within the same province have the same water fluoridation practices. How is that possible?
Canada’s Constitution, the Constitution Act, 1867, 30 & 31
Vict, c 3, states that each province may make laws in relation
to municipal institutions in the province. However, to better
manage communities, provinces and territories have delegated
some of their powers and responsibilities to municipalities.
This means that local governments only have the power and
authority insofar as it was delegated to them by each province
or territory. For example, in Alberta, the provincial government
delineated the scope of authority for Albertan municipalities
through the Municipal Government Act, RSA 2000, c M-26.
Similarly, in British Columbia, the Local Government Act,
RSBC 2015, c 1 provides a framework for the establishment
and continuation of local governments in British Columbia.
WAT E R C A N A D A . N E T
Getty Images
HE US SECRETARY OF HEALTH and Human
Services, Robert Kennedy Jr., has recently reinvigorated an old debate: should municipalities add fluoride to
their water supplies?
