Safe Drinking Water Act, 2002

part i interpretation

1 The purposes of this Act are as follows: 1. To recognize that the people of Ontario are entitled to expect their drinking water to be safe. 2. To provide for the protection of human health and the prevention of drinking water health hazards through the control and regulation of drinking water systems and drinking water testing. 2002, c. 32, s. 1. Interpretation

2 (1) In this Act, “accredited operating authority” means an operating authority accredited under Part IV; (“organisme d’exploitation agréé”) “administrative penalty” means a penalty imposed under section 121 or 121.1; (“pénalité administrative”) “Agency” means the Ontario Clean Water Agency established under the Capital Investment Plan Act, 1993; (“Agence”) “alteration” includes the following, in respect of a drinking water system, but excludes repairs to the system: 1. an extension of the system, 2. a replacement of part of the system, 3. a fragmentation of the system, and 4. taking all or part of the system permanently out of service; (“transformation”, “transformer”) “deficiency” means, in respect of a drinking water system, a violation under this Act that is prescribed as a deficiency for the purposes of this Act; (“défaillance”) “distribution system” means the part of a drinking wa…

part ii administration

3 (1) The Minister shall be responsible for overseeing the regulation of safe drinking water in Ontario and, in that capacity and for the administration of this Act and the regulations, may, (a) investigate concerns and recommend standards relating to the potability, procurement, treatment, monitoring, testing and distribution of drinking water and the transportation and delivery of drinking water in bulk quantities in Ontario; (b) conduct research programs and prepare statistics relating to the potability, procurement, treatment, monitoring, testing and distribution of drinking water; (c) convene and conduct conferences, seminars and educational and training programs relating to the potability, procurement, treatment, monitoring, testing and distribution of drinking water; (d) develop, implement and facilitate training courses and programs relating to the potability, procurement, treatm…

4 (1) The Minister shall establish an advisory body known in English as the “Advisory Council on Drinking Water Quality and Testing Standards” and in French as “Conseil consultatif sur les normes de qualité et d’analyse de l’eau potable” to consider issues relating to standards for drinking water quality and testing and to make recommendations to the Minister. 2002, c. 32, s. 4 (1). Appointment of members (2) The members of the Advisory Council shall be appointed by the Minister. 2002, c. 32, s. 4 (2). Notice (3) The Advisory Council may publish information in the Registry. 2002, c. 32, s. 4 (3).

5 The Minister shall ensure that all recommendations of the Advisory Council on Drinking Water Quality and Testing Standards are taken into consideration in establishing and revising standards under this Act for drinking water quality and testing. 2002, c. 32, s. 5.

6 (1) The Minister shall in writing appoint such directors as the Minister considers necessary, in respect of one or more provisions of this Act or the regulations, as specified in the appointment. 2002, c. 32, s. 6 (1). Same (2) In making an appointment under this section, the Minister shall appoint only, (a) a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry or a member of a class of such public servant; or (b) any other person or a member of any other class of person, if the appointment is approved by the Lieutenant Governor in Council. 2006, c. 35, Sched. C, s. 119 (2). Limitation on authority (3) The Minister may, in an appointment of a director, limit the authority of the director in such manner as the Minister considers necessary. 2002, c. 32, s. 6 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s…

7 (1) The Minister shall appoint a Chief Inspector to carry out the following duties: 1. The provision of advice and recommendations to the Minister in respect of operational policies for inspections in relation to drinking water and drinking water systems. 2. The implementation of operational policies for inspections in relation to drinking water and drinking water systems. 3. The review on a periodic basis of all regulations, directions, policies, protocols and procedures relating to inspections referred to in paragraphs 1 and 2 and, if appropriate, the recommendation of revisions. 4. Developing and assisting in the development of training programs for provincial officers for the purposes of this Act. 5. Ensuring the continuing training on a periodic basis of provincial officers for the purposes of this Act. 6. Monitoring the overall frequency and efficacy of inspections referred to in…

8 (1) The Minister shall in writing designate such persons and classes of persons as the Minister considers necessary as provincial officers in respect of one or more provisions of this Act or the regulations, as specified in the designation. 2002, c. 32, s. 8 (1). Limitation of authority (2) The Minister may, in a designation of a provincial officer, limit the authority of the provincial officer in such manner as the Minister considers necessary. 2002, c. 32, s. 8 (2). Provincial officer (3) A provincial officer is a peace officer for the purpose of enforcing this Act. 2002, c. 32, s. 8 (3). Investigation and prosecution (4) A provincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act. 2002, c. 32, s. 8 (4).

9 (1) The Minister may issue a written directive consistent with the purposes of this Act that relates to the exercise of a power or the performance of a duty by a person or entity appointed, designated or established under this Act. 2002, c. 32, s. 9 (1). Exception (2) No directive shall be issued under this section that relates to the issue, granting, amendment, renewal, suspension or revocation of a particular accreditation, permit, licence, approval, certificate or order under this Act. 2002, c. 32, s. 9 (2). Compliance (3) Every person to whom a directive is given under subsection (1) shall comply with the directive. 2002, c. 32, s. 9 (3). Publication (4) Every directive issued under this section comes into effect on the day notice of the directive is given in the Registry. 2002, c. 32, s. 9 (4). Legislation Act, 2006, Part III (5) Part III (Regulations) of the Legislation Act, 2006…

part iii general requirements

10 Despite any other Act, a requirement that water be “potable” in any Act, regulation, order or other document issued under the authority of any Act or in a municipal by-law shall be deemed to be a requirement to meet, at a minimum, the requirements of the prescribed drinking water quality standards. 2002, c. 32, s. 10.

11 (1) Every owner of a municipal drinking water system or a regulated non-municipal drinking water system and, if an operating authority is responsible for the operation of the system, the operating authority for the system shall ensure the following: 1. That all water provided by the system to the point where the system is connected to a user’s plumbing system meets the requirements of the prescribed drinking water quality standards. 2. That, at all times in which it is in service, the drinking water system, i. is operated in accordance with the requirements under this Act, ii. is maintained in a fit state of repair, and iii. satisfies the requirements of the standards prescribed for the system or the class of systems to which the system belongs. 3. That the drinking water system is operated by persons having the training or expertise for their operating functions that is required by t…

12 (1) No person shall operate a municipal drinking water system or a regulated non-municipal drinking water system unless the person holds a valid operator’s certificate issued in accordance with the regulations. 2002, c. 32, s. 12 (1). (2)-(4) Repealed: 2017, c. 2, Sched. 11, s. 6 (2). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 11, s. 6 (2) - 22/03/2017

13 (1) Every owner of a municipal drinking water system shall ensure that an accredited operating authority is in charge of the system at all times on and after the day specified in the regulations for the municipality, the system or the owner of the system. 2002, c. 32, s. 13 (1). Same (2) If the Minister makes a regulation requiring an accredited operating authority to be in charge of a non-municipal drinking water system, the owner of the system shall ensure that an accredited operating authority is in charge of the system at all times. 2002, c. 32, s. 13 (2).

14 (1) If an accredited operating authority is in charge of a drinking water system and it is not the owner of the system, the accredited operating authority and the owner of the system shall enter into an agreement that contains the following: 1. A description of the system or the parts of the system for which the operating authority is responsible. 2. A description of the respective responsibilities of the owner and the operating authority to ensure that the operation, maintenance, management and alteration of the system comply with this Act, the regulations, any order under this Act and the conditions in, i. the drinking water works permit and the municipal drinking water licence for the system, in the case of a municipal drinking water system, or ii. the approval for the system, in the case of a non-municipal drinking water system. 3. A description of the respective responsibilities …

15 (1) The Director shall, on or before the prescribed date, issue directions governing the preparation and content of operational plans for municipal drinking water systems and may issue such additional directions as the Director considers necessary for the purposes of this section. 2002, c. 32, s. 15 (1). Same (2) If the Minister makes a regulation requiring a non-municipal drinking water system or a class of non-municipal drinking water systems to have operational plans, the Director shall, on or before the date prescribed by the Minister, issue directions governing the preparation and content of operational plans for the system or systems. 2002, c. 32, s. 15 (2). Same (3) The Director may amend, revoke or replace a direction issued under this section. 2002, c. 32, s. 15 (3). Content of direction (4) The direction shall include, (a) minimum content requirements for operational plans; …

16 (1) If operational plans are required for a drinking water system under this Act, every owner and accredited operational authority of the system shall, (a) ensure that the plans comply with such directions issued under section 15 that apply in respect of the system; and (b) make public the contents of the operating plans in accordance with the Director’s directions. 2002, c. 32, s. 16 (1). Submission of plans, municipal drinking water system (2) Every owner of a municipal drinking water system shall provide a copy of all operational plans for the system to the Director on or before the day prescribed by the regulations for the municipality, the system or the owner of the system. 2002, c. 32, s. 16 (2). Review of plans (3) The Director shall review the operational plans for the municipal drinking water system and shall issue a notice, (a) accepting the plans if the Director is satisfie…

17 (1) All operational plans for a drinking water system remain the property of the owner of the system, irrespective of who prepares or revises the plans. 2002, c. 32, s. 17 (1). Retention of plans (2) Every accredited operating authority of a drinking water system for which operational plans are required under this Act shall retain copies of the operational plans for the system in accordance with the Director’s directions under section 15. 2002, c. 32, s. 17 (2). Same (3) Upon termination of an agreement between the owner and the accredited operating authority of a system, the accredited operating authority shall ensure that the owner has copies of the most recently prepared and revised operational plans for the system. 2002, c. 32, s. 17 (3).

18 (1) Each of the following persons shall report every prescribed adverse result of a drinking water test conducted on any waters from a municipal drinking water system or a regulated non-municipal drinking water system to the Ministry and the medical officer of health immediately after the adverse result is obtained: 1. The operating authority responsible for the system or, if there is no operating authority responsible for the system, the owner of the system. 2. The person operating the laboratory at which the adverse result was obtained. 2002, c. 32, s. 18 (1); 2007, c. 10, Sched. D, s. 3 (6). Same (2) A report under subsection (1) shall be made in accordance with the regulations. 2002, c. 32, s. 18 (2). Duty to report to the owner (3) If an operating authority is required to report an adverse test result under subsection (1), the operating authority shall also immediately report the…

18.1 (1) The person operating the laboratory at which an adverse result was obtained shall report every prescribed adverse result of a drinking water test conducted on any waters from a small drinking water system within the meaning of the Health Protection and Promotion Act to the Ministry of Health and Long-Term Care and the medical officer of health immediately after the adverse result is obtained. 2007, c. 10, Sched. D, s. 3 (8). Same (2) A report under subsection (1) shall be made in accordance with the regulations. 2007, c. 10, Sched. D, s. 3 (8). Duty of laboratory to report (3) Every person operating a laboratory who is required to report an adverse test result under subsection (1) shall also notify the operator responsible for the system or, if there is no operator responsible for the system, the owner of the system, of every adverse test result relating to the system, immediate…

19 (1) Each of the persons listed in subsection (2) shall, (a) exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation; and (b) act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system. 2002, c. 32, s. 19 (1). Same (2) The following are the persons listed for the purposes of subsection (1): 1. The owner of the municipal drinking water system. 2. If the municipal drinking water system is owned by a corporation other than a municipality, every officer and director of the corporation. 3. If the system is owned by a municipality, every person who, on behalf of the municipality, oversees the accredited operating authority of the system or exercises decision-making authority over …

20 (1) No person shall cause or permit any thing to enter a drinking water system if it could result in, (a) a drinking water health hazard; (b) a contravention of a prescribed standard; or (c) interference with the normal operation of the system. 2002, c. 32, s. 20 (1). Exception (2) Subsection (1) does not apply to prohibit activities that are carried out, (a) in the course of the proper operation, maintenance, repair or alteration of a drinking water system; or (b) under a statutory authority or for the purposes of complying with a statutory requirement. 2002, c. 32, s. 20 (2). Dilution no defence (3) For the purposes of prosecuting the offence of contravening subsection (1), it is not necessary to prove that the thing, if it was diluted when or after it entered the system, continued to result in or could have resulted in a drinking water health hazard. 2002, c. 32, s. 20 (3).

part iv accreditation of operating authorities

21 (1) On or before the first anniversary of the coming into force of this section, the Minister shall approve a Quality Management Standard for drinking water systems. 2002, c. 32, s. 21 (1). Revisions (2) The Minister may approve such revisions to the Quality Management Standard as the Minister considers advisable. 2002, c. 32, s. 21 (2). Publication (3) The Quality Management Standard, including any revisions to it, comes into effect upon the Ministry giving a notice of the Standard or revision in the Registry. 2002, c. 32, s. 21 (3). Same (4) If the Minister proposes to make a regulation requiring accredited operating authorities to be in charge of non-municipal drinking water systems, the Minister may approve revisions to the Quality Management Standard that include standards relating to non-municipal drinking water systems. 2002, c. 32, s. 21 (4). Application of Standard (5) The Qu…

22 (1) One or more accreditation bodies for operating authorities shall be designated or established for the purposes of administering programs for the accreditation of operating authorities for drinking water systems. 2002, c. 32, s. 22 (1). Designation by agreement (2) The Minister may designate a person as an accreditation body for operating authorities by entering into an accreditation agreement under this Part with the person. 2002, c. 32, s. 22 (2). Same (3) A person who enters into an accreditation agreement under this Part ceases to be designated as an accreditation body for operating authorities on the termination of the agreement. 2002, c. 32, s. 22 (3). Designation or establishment by regulation (4) One or more accreditation bodies for operating authorities may be designated or established by the regulations, whether or not the Minister enters into an accreditation agreement u…

23 (1) Every accreditation body for operating authorities shall exercise and perform its powers and duties in accordance with the requirements under this Act and its accreditation agreement, if any. 2002, c. 32, s. 23 (1). Audit reports (2) Every accreditation body for operating authorities shall, (a) provide a copy of the report of any audit required by the accreditation body to the Director within the time period specified by the Director; and (b) make public the results of any audit required by the accreditation body, in a form and manner specified by the Director. 2002, c. 32, s. 23 (2). Notice of proposed suspensions, revocations (3) Every accreditation body for operating authorities shall, within the time specified by the Director, (a) notify the Director in writing of any proposed suspension or revocation of accreditation of an accredited operating authority, including the reasons…

24 (1) The Minister may enter into an accreditation agreement with a person and every accreditation agreement shall include the following: 1. The requirement that the person establish and administer a program based on the Quality Management Standard for drinking water systems for the accreditation of operating authorities for drinking water systems. 2. The terms on which the accreditation program is to be administered. 3. The requirement that the person administer an audit program to audit the level of conformity by accredited operating authorities with the Quality Management Standard. 4. The terms and conditions for the administration of the audit program including, i. the frequency of audits, ii. the required qualifications of the auditors, iii. the powers and duties of the auditors, iv. the types of matters to be audited and the requirements for reporting the auditors’ findings and re…

25 (1) Every owner and accredited operating authority of a drinking water system shall, (a) submit to and assist with all audits required by an accreditation body for operating authorities; and (b) consent to the release to the Director of all audit reports relating to the system and the release to the public of the results of the audits. 2002, c. 32, s. 25 (1). Exception (2) Subsection (1) does not apply in respect of a non-municipal drinking water system unless the regulations require an accredited operating authority to be in charge of the system. 2002, c. 32, s. 25 (2).

26 If an auditor, in the course of an audit, becomes aware of a violation of this Act, the regulations, a drinking water works permit, a municipal drinking water licence, an approval or order under this Act, the auditor shall report the violation to the Director as soon as practicable, and shall include a summary of his or her observations in relation to the violation in his or her report. 2002, c. 32, s. 26.

27 If an operating authority’s accreditation under this Part is suspended or revoked by an accreditation body, the operating authority shall, immediately after the suspension or revocation, (a) notify all owners of drinking water systems, of which the operating authority is in charge, of the suspension or revocation; and (b) provide a copy of the accreditation body’s order or decision to suspend or revoke the accreditation to each owner described in clause (a). 2002, c. 32, s. 27.

28 (1) Despite the Crown Agency Act, no accreditation body for operating authorities is or shall hold itself out as an agent of the Crown for any purpose. 2002, c. 32, s. 28 (1). Crown not liable (2) No action or other proceeding shall be instituted against the Crown, the Minister or any employee in the Ministry, (a) for any act done by an accreditation body for operating authorities in the execution or intended execution of a power or duty under this Act or its accreditation agreement, if any, or for an alleged neglect or default in the execution of such a power or duty; or (b) for any tort committed by an accreditation body for operating authorities or its employee or agent in relation to a power or duty under this Act or its accreditation agreement, if any. 2002, c. 32, s. 28 (2); 2006, c. 35, Sched. C, s. 119 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s…

29 (1) Every accreditation body for operating authorities shall report annually to the Minister on its activities over the previous year with respect to the execution of its powers and duties under this Act and its accreditation agreement, if any. 2002, c. 32, s. 29 (1). Additional reports (2) Every accreditation body for operating authorities shall provide such additional reports to the Minister as the Minister may require or as required by its accreditation agreement, if any, and the Minister shall make public a copy of the report in a form and manner the Minister considers appropriate. 2002, c. 32, s. 29 (2).

part V municipal drinking water systems Financial plans

30 In this Part, “financial plans” means financial plans that satisfy the requirements prescribed by the Minister. 2017, c. 2, Sched. 11, s. 6 (3). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 11, s. 6 (3) - 22/03/2017

31 (1) No person shall, (a) establish a new municipal drinking water system or replace or carry out an alteration to a municipal drinking water system except under the authority of and in accordance with an approval under this Part or a drinking water works permit; or (b) use or operate a municipal drinking water system that was established before or after this section comes into force except under the authority of and in accordance with an approval under this Part or municipal drinking water licence. 2002, c. 32, s. 31 (1). Deemed approval under this Part (2) An approval granted under section 52 of the Ontario Water Resources Act for a municipal drinking water system shall be deemed to be an approval under this Part for the system and may be amended, suspended, reinstated and revoked as if it were an approval granted by the Director under this Part. 2002, c. 32, s. 31 (2). Exception, te…

32 (1) A person who proposes to establish a new municipal drinking water system to which subsection 31 (1) will apply or to replace a municipal drinking water system with a new system to which that subsection will apply shall make an application to the Director, (a) for an approval under this Part if the application is made before the day prescribed for the purposes of section 33 for the municipality, the proposed system or the owner of the system; or (b) for a drinking water works permit and a municipal drinking water licence for the proposed system if the application is made on or after the day referred to in clause (a). 2002, c. 32, s. 32 (1). Alteration to system (2) The owner of a municipal drinking water system who proposes to carry out an alteration to the system shall apply to the Director, (a) for an amendment to the approval under this Part for the system, if the proposed alter…

33 The owner of a municipal drinking water system shall apply to the Director, on or before the day prescribed for the municipality, the system or the owner of the system, for a drinking water works permit and a municipal drinking water licence for the system. 2002, c. 32, s. 33.

34 If a person proceeds to establish, carry out an alteration to or operate a municipal drinking water system without applying for an approval under this Part, a drinking water works permit, an amendment to an approval, drinking water works permit or municipal drinking water licence, as required by this Part, and the person has failed to comply with an order issued under Part IX requiring the person to submit an application for it, the Director may, (a) retain such experts and obtain such facilities, at the person’s expense, as the Director considers necessary for the investigation of the municipal drinking water system and the raw water supply; (b) require the person to produce all documents under the person’s control that relate to the drinking water system; and (c) grant or amend an approval or issue or amend a drinking water works permit and municipal drinking water licence for the s…

35 If an order is issued under Part IX to a person requiring the submission of an application for an approval under this Part, a drinking water works permit, a municipal drinking water licence or an amendment to an approval, permit or licence for a municipal drinking water system by reason of the person’s failure to make an application in accordance with the requirements under this Act, or if the Director considers it necessary for the purposes of this Act, (a) the Director may accept and consider a late application as though it were made within the time specified under this Part; and (b) in the case of an approval or drinking water works permit, if the Director decides to grant or amend the approval or issue or amend the permit, the Director may impose as a condition the requirement that the person reverse any alteration that was made to the system that was not previously authorized by …

Approvals for Municipal Drinking water Systems

36 (1) After consideration of an application for an approval or an amendment to an approval, the Director shall, as he or she considers necessary for the purposes of this Act, (a) on an application for an approval under this Part, grant the approval with such conditions as the Director may impose under section 37; (b) on an application for the amendment of an approval under this Part, amend the approval to impose, vary or remove a condition, subject to subsection 37 (2); or (c) refuse to grant or amend the approval, as the case may be. 2002, c. 32, s. 36 (1). Same (2) An approval granted under this section for a system that was established before this section came into force may deal with any works associated with the system. 2002, c. 32, s. 36 (2). Fragmentation (3) Despite subsection (1), the Director shall not grant an approval or amend an approval to authorize the fragmentation of a …

37 (1) The Director may, (a) impose such conditions in an approval at the time the approval is granted as the Director considers necessary for the purposes of this Act; and (b) on his or her own initiative, amend the approval to impose, vary or remove conditions in the approval at any time after it is granted, if the Director considers it necessary for the purposes of this Act. 2002, c. 32, s. 37 (1). Same (2) The Director may impose any condition in an approval that may be imposed in a drinking water works permit or a municipal drinking water licence and may include an expiry date for the approval as a condition in the approval. 2002, c. 32, s. 37 (2). Application of Environmental Assessment Act (3) Subsections 15.1.2 (2), 17.27 (2) and 17.30 (2) of the Environmental Assessment Act does not prohibit a Director from imposing a condition mentioned in paragraph 3 of subsection 41 (2) in an…

38 (1) In this section, “regulatory requirement” means a prescribed requirement relating to, (a) the sampling, testing or monitoring of water quality in a municipal drinking water system or the reporting of the results, or (b) the treatment of water in a municipal drinking water system. 2002, c. 32, s. 38 (1). Condition, relief from regulatory requirement (2) Subject to subsection (3) and despite any other provision of this Act, the Director may impose a condition in an approval under section 37 that, (a) provides relief from the duty of strict compliance with a regulatory requirement; or (b) imposes a condition in the approval, in place of a regulatory requirement, that is less onerous than the regulatory requirement. 2002, c. 32, s. 38 (2). Exception (3) The Director shall not impose a condition described in subsection (2) in an approval granted under section 37 unless, (a) the owner o…

39 (1) The Director may suspend an approval for a municipal drinking water system if, (a) the Director is of the opinion that the continuing operation of the system will result in a drinking water health hazard; or (b) the owner of the system has failed or refused to correct a deficiency associated with the system. 2002, c. 32, s. 39 (1). Reinstatement after suspension (2) The Director may reinstate an approval for a municipal drinking water system if the reason for suspending the approval no longer exists and there are no additional grounds for suspending the approval. 2002, c. 32, s. 39 (2). Revocation of approval (3) The Director may revoke an approval for a municipal drinking water system granted under this Part if, (a) the approval was issued on the basis of false information or information that was incomplete in a material respect; (b) the approval was issued in error or to the wro…

Drinking water Works Permits

40 (1) After consideration of an application for a drinking water works permit under this Part or an amendment to a permit, the Director shall, as he or she considers necessary for the purposes of this Act, (a) on an application for the issue of a permit, issue the permit with such conditions as the Director may impose under section 41; (b) on an application for the amendment of a permit, amend the permit to impose, vary or remove a condition, including a condition described in subsection 41 (2); or (c) refuse to issue or amend the permit, as the case may be. 2002, c. 32, s. 40 (1). Fragmentation (2) Despite subsection (1), the Director shall not issue or amend a drinking water works permit to authorize the fragmentation of a municipal drinking water system or part of the system unless, (a) the Director has consulted the medical officer of health concerning the proposed fragmentation; (b…

41 (1) The Director may, (a) impose such conditions in a drinking water works permit at the time of issue of the permit as the Director considers necessary for the purposes of this Act; and (b) on his or her own initiative, amend the permit to impose, vary or remove conditions in the permit at any time after it is issued, if the Director considers it necessary for the purposes of this Act. 2002, c. 32, s. 41 (1). Subject matter of conditions (2) Permit conditions may include any or all of the following: 1. Requirements in relation to the construction, installation or alteration of any works, equipment, mechanism or other thing, including any specified details. 2. Requirements for compliance with design standards specified by the Director in the conditions. 3. Requirements in relation to the carrying out of future specified alterations to the system. 4. A condition specifying, for the pur…

42 The Director may revoke a drinking water works permit if, (a) the permit was issued on the basis of false information or information that was incomplete in a material respect; (b) the permit was issued in error or to the wrong person; (c) at least 365 days have passed since the permit was issued, no application for an extension of any deadlines specified in the permit has been received by the Director and the Director has reasonable grounds for believing that, (i) the establishment of the system has not been significantly advanced since the permit was issued, or (ii) work to establish the system has been essentially discontinued for a period of at least 365 days; (d) the owner of the system requests that the permit be revoked; or (e) the owner of the system has decommissioned the system in accordance with the conditions in the permit. 2002, c. 32, s. 42.

43 If a condition of a drinking water works permit so provides, no owner of a municipal drinking water system shall put into service any works, equipment, mechanism or thing specified in the permit until the owner or the owner’s designate has given the Director a certificate of compliance in such form as the Director requires. 2002, c. 32, s. 43.

Municipal Drinking water Licences

44 (1) After consideration of an application for a municipal drinking water licence under this Part, the Director shall issue a municipal drinking water licence to the owner of a municipal drinking water system if, (a) a drinking water works permit has been issued for the system; (b) the operational plans for the system satisfy the requirements in the Director’s directions under Part III for the particular system or type of system; (c) the system will be operated by an accredited operating authority; (d) the financial plans for the system, if required, satisfy the requirements under this Act; (e) a permit to take water has been issued under the Ontario Water Resources Act that, (i) authorizes the system to take water, if water will be taken by the system from a raw water supply and the permit is required under the Ontario Water Resources Act in order to take the water, and (ii) authorize…

45 (1) The Director may, (a) impose such conditions in a municipal drinking water licence at the time of issue of the licence as the Director considers necessary for the purposes of this Act; and (b) amend the licence at any time after it is issued, including on his or her initiative, in order to impose, vary or remove conditions in the licence, if the Director considers it necessary for the purposes of this Act. 2002, c. 32, s. 45 (1). Subject matter of conditions (2) Without limiting subsection (1) and in addition to any prescribed requirements, licence conditions may include any or all of the following: 1. Staffing requirements. 2. Sampling, testing and monitoring requirements. 3. Treatment requirements. 4. Requirements relating to the management of residue from the treatment process and the management of a discharge of a substance from the treatment system into the natural environmen…

46 (1) In this section, “regulatory requirement” means a prescribed requirement relating to, (a) the sampling, testing or monitoring of water quality in a municipal drinking water system or the reporting of the results, or (b) the treatment of water in a municipal drinking water system. 2002, c. 32, s. 46 (1). Relief from compliance (2) Subject to subsection (3) and despite any other provision of this Act, the Director may impose a condition in a municipal drinking water licence that, (a) provides relief from the duty of strict compliance with a regulatory requirement; or (b) imposes a condition in the licence, in place of a regulatory requirement, that is less onerous than the regulatory requirement. 2002, c. 32, s. 46 (2). Exception (3) The Director shall not impose a condition described in subsection (2) in a licence unless, (a) the owner of the municipal drinking water system has app…

47 After consideration of an application to renew a municipal drinking water licence, the Director shall renew the licence if the Director is satisfied that, (a) the system is and will continue to be operated by an accredited operating authority; (b) a drinking water works permit remains in force for the system; (c) the operational plans for the system satisfy the requirements for the system under the Director’s directions in Part III for the particular system or type of system; (d) the financial plans for the system, if required, satisfy the requirements under this Act; (e) the system has been and will continue to be operated in accordance with the requirements under this Act and the licence; and (f) a permit to take water has been issued under the Ontario Water Resources Act that, (i) authorizes the system to take water, if water will be taken by the system from a raw water supply and …

48 The Director may revoke a municipal drinking water licence if, (a) the licence was issued on the basis of false information or information that was incomplete in a material respect; (b) the licence was issued in error or to the wrong person; (c) the drinking water works permit for the system is revoked; (d) a drinking water works permit is issued to decommission the system; (e) the owner of the system applies for revocation; (f) a permit to take water issued under the Ontario Water Resources Act that is required for the system is revoked or expires; (g) the system is not operated by an accredited operating authority; or (h) the licence has been suspended under section 49. 2002, c. 32, s. 48.

49 The Director may suspend a municipal drinking water licence if, (a) the Director is of the opinion that the continuing operation of the system will result in a drinking water health hazard; (b) the owner of the system has failed or refused to correct a deficiency associated with the system; or (c) the system is not operated by an accredited operating authority. 2002, c. 32, s. 49.

50 The Director may reinstate a licence for a system that is suspended under section 49 if the reason for suspending the licence no longer exists and there are no additional grounds for suspending the licence. 2002, c. 32, s. 50.

51 If a municipality transfers the ownership of a municipal drinking water system to a person other than another municipality, (a) the municipality shall ensure that the agreement transferring the ownership of the system includes all the provisions required to be included by the regulations to ensure continuing municipal responsibility for the system; and (b) the drinking water system shall be deemed to continue to be a municipal drinking water system and shall be subject to all requirements under this Act that relate to municipal drinking water systems. 2002, c. 32, s. 51.

Part vI REGULATED non-municipal drinking water systems

52 (1) No person shall establish, replace or operate a regulated non-municipal drinking water system or carry out an alteration to the system except, (a) in accordance with the prescribed requirements that apply to the system; and (b) under the authority of and in accordance with an approval granted by the Director under this Part, if an approval is required under the regulations for the system. 2002, c. 32, s. 52 (1). Prohibition, fragmentation (2) No person shall cause or permit the fragmentation of a non-municipal drinking water system that is a regulated non-municipal drinking water system for the purposes of this subsection unless the person first obtains the written consent of the Director. 2002, c. 32, s. 52 (2). Fragmentation (3) The Director shall not give his or her written consent under subsection (2) for the fragmentation of a non-municipal drinking water system or part of th…

53 (1) No person shall construct a non-municipal drinking water system that is intended to serve a major residential development within the geographic area of a municipality or extend an existing non-municipal drinking water system within the geographic area of a municipality to serve a major residential development, unless the person obtains the written consent of the municipality to do so. 2002, c. 32, s. 53 (1). Same (2) If a non-municipal drinking water system crosses a municipal boundary and requires a consent for its construction or extension under subsection (1), a consent shall be obtained from each municipality in which the system is or will be located. 2002, c. 32, s. 53 (2). May impose conditions (3) A municipality may give a written consent under subsection (1) subject to such conditions and limits as it considers necessary to prevent a deficiency in connection with the syste…

54 (1) If a person proposes to establish or replace a regulated non-municipal drinking water system and an approval granted by the Director is required under subsection 52 (1), the person shall apply to the Director for the approval. 2007, c. 10, Sched. D, s. 3 (9). Alteration to system (2) If a person proposes to carry out an alteration to a regulated non-municipal drinking water system, an approval granted by the Director is required under subsection 52 (1) and the person has not obtained the required approval, the person shall apply to the Director for the approval. 2007, c. 10, Sched. D, s. 3 (10). Same (2.1) If a person proposes to carry out an alteration to a regulated non-municipal drinking water system and the alteration relates to a condition of an approval that was imposed under subsection 60 (2), the person shall apply to the Director for an amendment to the approval. 2007, c.…

55 If an order is issued under Part IX to a person requiring the submission of an application for an approval or an amendment to an approval for a non-municipal drinking water system by reason of the person’s failure to make an application in accordance with the requirements under this Act, or if the Director considers it necessary for the purposes of this Act, (a) the Director may accept and consider a late application as though it were made within the time specified under this Part; and (b) if the Director decides to issue or amend the approval, the Director may impose as a condition under section 57 the requirement that the person reverse any alteration that was made to the system that was not previously authorized by the Director in an approval. 2002, c. 32, s. 55.

56 (1) After consideration of an application for an approval under this Part or an amendment to an approval, the Director shall, as he or she considers necessary for the purposes of this Act, (a) on an application for the grant of an approval under this Part, grant the approval with such conditions as the Director may impose under section 57; (b) on an application for the amendment of an approval under this Part, amend the approval to impose, vary or remove a condition, subject to subsection 57 (2); or (c) refuse to grant or amend the approval, as the case may be. 2002, c. 32, s. 56 (1). Same (2) An approval granted under this Part for a system that was established before this section came into force may deal with any works associated with the system. 2002, c. 32, s. 56 (2).

57 (1) The Director may, (a) impose such conditions in an approval under this Part at the time the approval is granted as the Director considers necessary for the purposes of this Act; and (b) on his or her own initiative, amend the approval to impose, vary or remove conditions in the approval at any time after it is granted, if the Director considers it necessary for the purposes of this Act. 2002, c. 32, s. 57 (1). Same (2) The Director may impose any condition in an approval that may be imposed in a drinking water works permit or a municipal drinking water licence and may include an expiry date for the approval as a condition in the approval. 2002, c. 32, s. 57 (2). Permitting inspections (3) It is a condition in every approval under this Part, whether or not it is specified in the approval, that the owner and every other operator of the system shall permit provincial officers to cond…

58 If a person proceeds to establish, replace, operate or carry out an alteration to a non-municipal drinking water system without applying for any approval or amendment to an approval that is required by this Part and the person has failed to comply with an order issued under Part IX requiring the person to submit an application for it, the Director may, (a) retain, at the person’s expense, such experts as the Director considers necessary for the investigation of the system and the raw water supply; (b) require the person to produce all documents under the person’s control that relate to the drinking water system; and (c) grant an approval for the system in accordance with his or her authority under this Part. 2002, c. 32, s. 58.

59 If a prescribed requirement or a condition of an approval under this Part so provides, no owner of a regulated non-municipal drinking water system shall put into service any works, equipment, mechanism or thing specified in the requirement or approval until the owner or the owner’s designate has given the Director a certificate of compliance in such form as the Director requires. 2002, c. 32, s. 59. Condition in approval, relief from regulatory requirements

60 (1) In this section, “regulatory requirement” means a prescribed requirement relating to, (a) the sampling, testing or monitoring of water quality in a non-municipal drinking water system or the reporting of the results, or (b) the treatment of water in a non-municipal drinking water system. 2002, c. 32, s. 60 (1). Condition, relief from regulatory requirement (2) Subject to subsection (3) and despite any other provision of this Act, the Director may impose a condition in an approval under this Part that, (a) provides relief from the duty of strict compliance with a regulatory requirement; or (b) imposes a condition in the approval, in place of a regulatory requirement, that is less onerous than the regulatory requirement. 2002, c. 32, s. 60 (2). Exception (3) The Director shall not impose a condition described in subsection (2) in an approval unless, (a) the owner of the drinking wat…

61 (1) The Director may suspend an approval for a non-municipal drinking water system if, (a) the Director is of the opinion that the continuing operation of the system will result in a drinking water health hazard; (b) the owner of the system has failed or refused to correct a deficiency associated with the system; (c) the system is abandoned within the meaning of Part IX; or (d) an accredited operating authority is not in charge of the system and the regulations require an accredited operating authority to be in charge of the system. 2002, c. 32, s. 61 (1). Notice of suspension (2) If the Director suspends an approval under subsection (1), the Director shall notify the local municipality in which the system that is the subject of the approval is located. 2002, c. 32, s. 61 (2). Reinstatement after suspension (3) The Director may reinstate an approval for a system if the reason for susp…

part vii drinking water testing

62 For the purposes of this Act, a drinking water testing licence only authorizes the offer or provision of a drinking water testing service that involves the conduct of a drinking water test at a laboratory if, (a) the test is specified in the licence or is in a class specified in the licence; (b) the laboratory is specified in the licence; and (c) where the test is in a class specified in the licence, either, (i) the laboratory is accredited by an accreditation body for drinking water testing to conduct the test, or (ii) the licence expressly authorizes the conduct of the test. 2002, c. 32, s. 62.

63 (1) No person shall offer or provide a drinking water testing service except under the authority of and in accordance with a drinking water testing licence. 2002, c. 32, s. 63 (1). Exception, prescribed testing at drinking water systems (2) Subsection (1) does not apply to the offer or provision of a drinking water testing service that involves only the conduct of a prescribed test at a drinking water system by a person with prescribed qualifications under the authority of the owner or operating authority of the system in relation to water supplied through the system. 2002, c. 32, s. 63 (2). Employees, etc. (3) A person employed or otherwise engaged to conduct drinking water tests by a person who offers or provides a drinking water testing service shall not be taken to offer or provide a drinking water testing service by virtue only of such employment or engagement. 2002, c. 32, s. 63…

Accreditation of Laboratories

64 (1) One or more accreditation bodies for drinking water testing shall be designated or established for the purposes of administering programs to accredit laboratories for the conduct of drinking water tests under the authority of drinking water testing licences. 2002, c. 32, s. 64 (1). Designation by agreement (2) The Minister may designate a person as an accreditation body for drinking water testing by entering into an accreditation agreement with the person. 2002, c. 32, s. 64 (2). Same (3) A person who enters into an accreditation agreement under this Part ceases to be designated as an accreditation body for drinking water testing on the termination of the agreement. 2002, c. 32, s. 64 (3). Designation or establishment by regulation (4) One or more accreditation bodies for drinking water testing may be designated or established by the regulations, whether or not the Minister enters…

65 (1) Every accreditation body for drinking water testing shall exercise and perform its powers and duties in accordance with the requirements under this Act and its accreditation agreement, if any. 2002, c. 32, s. 65 (1). Audit reports, copies to Director (2) Every accreditation body for drinking water testing shall, within the time specified by the Director, give to the Director a copy of the report of any drinking water testing audit required by the accreditation body. 2002, c. 32, s. 65 (2). Audit reports, public availability (3) The Director shall make the results of any drinking water testing audit required by the accreditation body available to any person, including a provincial officer, who requests it. 2002, c. 32, s. 65 (3). Notice of proposed suspension or revocation (4) Every accreditation body for drinking water testing shall, within the time specified by the Director, (a) …

66 (1) The Minister may enter into an accreditation agreement with a person, and every accreditation agreement shall include the following: 1. The requirement that the person establish and administer a program to accredit laboratories for the conduct of drinking water tests under the authority of drinking water testing licences. 2. The terms on which the accreditation program is to be administered. 3. The authority for and procedures governing the granting, suspending and revocation of accreditation. 4. Provision for the person to be able to make decisions about accreditation by reference to, i. a testing standard or standards included in, or adopted by, the agreement, including an adopted standard as amended from time to time after the agreement is made, ii. a testing standard or standards prescribed by the regulations, including a standard or standards in a document or documents adopte…

67 Every person who offers or provides a drinking water testing service shall, (a) submit to and assist with all audits required by an accreditation body for drinking water testing; and (b) consent to the release to the Director of all audit reports relating to the service and the release to the public of the results of the audits. 2002, c. 32, s. 67.

68 If an auditor, in the course of an audit, becomes aware of a violation of this Act, the regulations, a drinking water testing licence or an order under this Act, the auditor shall report the violation to the Director as soon as practicable, and shall include a summary of his or her observations in relation to the violation in his or her report. 2002, c. 32, s. 68.

69 If a laboratory’s accreditation for a drinking water test is suspended or revoked by an accreditation body for drinking water testing, the person who holds a drinking water testing licence for the laboratory shall, immediately after the suspension or revocation, (a) notify accordingly all owners and operating authorities of drinking water systems who could reasonably be expected to be affected by the suspension or revocation; and (b) provide a copy of the accreditation body’s order or decision to suspend or revoke the accreditation to each owner and operating authority described in clause (a). 2002, c. 32, s. 69; 2007, c. 10, Sched. D, s. 3 (12, 13). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 3 (12, 13) - 04/06/2007

70 (1) Despite the Crown Agency Act, no accreditation body for drinking water testing is or shall hold itself out as an agent of the Crown for any purpose. 2002, c. 32, s. 70 (1). Crown not liable for acts of accreditation bodies (2) No action or other proceeding shall be instituted against the Crown, the Minister or any employee in the Ministry, (a) for any act done by an accreditation body for drinking water testing in the execution or intended execution of a power or duty under this Act or its accreditation agreement, if any, or for an alleged neglect or default in the execution of such a power or duty; or (b) for any tort committed by an accreditation body for drinking water testing or its employee or agent in relation to a power or duty under this Act or its accreditation agreement, if any. 2002, c. 32, s. 70 (2); 2006, c. 35, Sched. C, s. 119 (3). Section Amendments with date in fo…

71 (1) Every accreditation body for drinking water testing shall report annually to the Minister on its activities over the previous year with respect to the execution of its powers and duties under this Act and its accreditation agreement, if any. 2002, c. 32, s. 71 (1). Additional reports (2) Every accreditation body for drinking water testing shall provide such additional reports to the Minister as the Minister may require or as required by its accreditation agreement, if any, and the Minister shall make public a copy of the report in a form and manner the Minister considers appropriate. 2002, c. 32, s. 71 (2).

Drinking Water Testing Licences Applications

72 (1) A person who proposes to offer a drinking water testing service involving the conduct of drinking water tests at a laboratory shall apply to the Director for a drinking water testing licence authorizing the conduct of such tests at the laboratory. 2002, c. 32, s. 72 (1). Amendment (2) The holder of a drinking water testing licence may apply to the Director for an amendment to the licence. 2002, c. 32, s. 72 (2). Renewal (3) The holder of a drinking water testing licence may apply to the Director for the renewal of the licence before the expiry of the licence. 2002, c. 32, s. 72 (3). Requirements of application (4) An application under this section must satisfy the following requirements: 1. The application must be made in the manner and form approved by the Director and contain the information required by the Director. 2. The application must include all prescribed information or …

73 (1) After consideration of an application for a drinking water testing licence, the Director shall, subject to subsection (2), issue a licence to the applicant in relation to the conduct of a drinking water test or class of tests at a single laboratory specified in the licence if the Director is satisfied that, (a) either, (i) the laboratory is accredited by an accreditation body for drinking water testing for the conduct of the test or one or more tests within the class of tests, or (ii) the requirements of section 74 are met in relation to the conduct of the test or tests; (b) the testing will be conducted using suitable laboratory facilities; (c) the applicant will have suitable resources, including staff, technical resources and records management systems, to comply with the requirements under this Act; (d) the applicant will be able to carry out the necessary test associated with…

74 (1) The Director may issue or amend a drinking water testing licence to authorize the conduct of a drinking water test at a laboratory that is not accredited by an accreditation body for drinking water testing for the conduct of the test only if subsection (2), (3) or (4) applies. 2002, c. 32, s. 74 (1). Location of laboratory (2) This subsection applies if the Director is satisfied that, (a) it is desirable that the test be available in the area in which the laboratory is situated, or is to be situated; (b) there is no laboratory, or there are insufficient laboratories, in the area for the conduct of the test under a drinking water testing licence; and (c) the licensee will be capable of providing a drinking water testing service involving the conduct of the test at the laboratory. 2002, c. 32, s. 74 (2); 2007, c. 10, Sched. D, s. 3 (14). No accreditation standards in Ontario (3) Thi…

75 (1) The Director may, if he or she considers it necessary for the purposes of this Act, (a) impose conditions in a drinking water testing licence at the time of issue of the licence; and (b) on his or her own initiative, amend a drinking water testing licence at any time after it is issued in order to impose, vary or remove conditions in the licence. 2002, c. 32, s. 75 (1). Subject matter of conditions (2) Without limiting subsection (1), and in addition to any condition under subsection (3), licence conditions may include any or all of the following: 1. Authorization for the conduct of a drinking water test or tests at the laboratory specified in the licence, subject to section 74. 2. If the laboratory specified in the licence is not accredited by an accreditation body for drinking water testing to conduct a particular drinking water test, i. authorization for the conduct of the test…

76 (1) If the Director considers it necessary, the Director may, by written notice, issue a direction to one or more holders of drinking water testing licences that a drinking water test or class of tests is to be conducted under the licence in accordance with a method specified in the direction. 2007, c. 10, Sched. D, s. 3 (15). May authorize test at non-accredited laboratory (2) A direction under subsection (1) may authorize the conduct of a drinking water test at a laboratory that is not accredited for the purpose if the Director considers it necessary. 2007, c. 10, Sched. D, s. 3 (16). Amendment or revocation of direction (3) The Director may amend or revoke a direction by written notice to all licensees to whom the direction was given. 2002, c. 32, s. 76 (3). Direction deemed a condition (4) A direction given to a licensee under this section is deemed to be a condition of the licenc…

77 (1) After consideration of an application to amend or renew a drinking water testing licence in relation to the conduct of a drinking water test or class of tests at a laboratory specified in the licence, the Director shall amend or renew the licence, as the case may be, if the Director is satisfied that, (a) either, (i) the laboratory is accredited by an accreditation body for drinking water testing for the conduct of the test or one or more tests within the class of tests, or (ii) the requirements of section 74 are met in relation to the conduct of the test or tests; (b) the testing will be conducted using suitable laboratory facilities; (c) the licensee will have suitable resources, including staff, technical resources and records management systems, to comply with the requirements under this Act; (d) the licensee will be able to carry out the necessary analysis associated with the…

78 The Director may revoke a drinking water testing licence if the Director is satisfied that, (a) the licence was issued on the basis of false information or information that was incomplete in a material respect; (b) the licence was issued in error or to the wrong person; (c) grounds would exist to refuse to renew the licence; or (d) the continuing provision of drinking water testing services by the licensee, or from the laboratory specified in the licence, endangers or is likely to endanger public health. 2002, c. 32, s. 78.

79 (1) The Director may suspend a drinking water testing licence if, (a) the Director is of the opinion that the continuing provision of drinking water testing services by the licensee, or from the laboratory specified in the licence, endangers or is likely to endanger public health; or (b) the licensee is no longer authorized as provided by section 62 to offer or provide any drinking water testing service. 2002, c. 32, s. 79 (1). Reinstatement after suspension (2) The Director may reinstate a suspended drinking water testing licence if the reason for suspending the licence no longer exists and there are no additional grounds for suspending the licence. 2002, c. 32, s. 79 (2).

80 (1) If the Director believes that a reviewable decision that he or she is about to make in respect of a drinking water testing licence, if stayed by an appeal, would endanger, or likely endanger, public health, the Director shall include in the decision the reasons for his or her belief and shall also serve a copy of the decision on the Chief Medical Officer of Health. 2002, c. 32, s. 80 (1). Reviewable decision (2) In this section, “reviewable decision” has the meaning given in section 127. 2002, c. 32, s. 80 (2).