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Explanatory Note

CHAPTER 32

An Act respecting
safe drinking water

Assented to December 13, 2002

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

CONTENTS

PART I
INTERPRETATION

Purposes

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.

Interpretation
Definitions

2.  (1)  In this Act,

“accredited operating authority” means an operating authority accredited under Part IV; (“organisme d’exploitation agréé”)

“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-water system that is used in the distribution, storage or supply of water and that is not part of a treatment system; (“réseau de distribution”)

document” includes a sound recording, video tape, film, photograph, chart, graph, map, plan, survey, book of account, and information recorded or stored by means of any device; (“document”)

“drinking water” means,

(a) water intended for human consumption, or

(b) water that is required by an Act, regulation, order, municipal by-law or other document issued under the authority of an Act,

(i) to be potable, or

(ii) to meet or exceed the requirements of the prescribed drinking water quality standards; (“eau potable”)

“drinking-water health hazard” means, in respect of a drinking-water system,

(a) a condition of the system or a condition associated with the system’s waters, including any thing found in the waters,

(i) that adversely affects, or is likely to adversely affect, the health of the users of the system,

(ii) that deters or hinders, or is likely to deter or hinder, the prevention or suppression of disease, or

(iii) that endangers or is likely to endanger public health,

(b) a prescribed condition of the drinking-water system, or

(c) a prescribed condition associated with the system’s waters or the presence of a prescribed thing in the waters; (“danger de l’eau potable pour la santé”)

“drinking-water system” means a system of works, excluding plumbing, that is established for the purpose of providing users of the system with drinking water and that includes,

(a) any thing used for the collection, production, treatment, storage, supply or distribution of water,

(b) any thing related to the management of residue from the treatment process or the management of the discharge of a substance into the natural environment from the treatment system, and

(c) a well or intake that serves as the source or entry point of raw water supply for the system; (“réseau d’eau potable”)

“drinking-water test” means a test for the purposes of this Act to assist in the determination of the quality of any waters in respect of a drinking-water system, and includes a prescribed test; (“analyse de l’eau potable”)

“drinking-water testing licence” means a licence to provide a drinking-water testing service issued under Part VII; (“permis d’analyse de l’eau potable”)

“drinking-water testing service” means a service that involves the conduct of one or more drinking-water tests; (“service d’analyse de l’eau potable”)

“drinking-water works permit” means a permit issued under Part V; (“permis d’aménagement de station de production d’eau potable”)

“fragmentation” means,

(a) in respect of a municipal drinking-water system, the replacement of all or part of the system with all or part of a non-municipal drinking-water system, and

(b) in respect of a non-municipal drinking-water system that is in a class prescribed for the purposes of subsection 52 (2), the replacement of all or part of the system with a non-municipal drinking-water system that is not in a class prescribed for the purposes of that subsection; (“fragmentation”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“laboratory” means a place where drinking-water tests are or will be conducted, whether or not other types of tests may be conducted at the place; (“laboratoire”)

“major residential development” means a development of six or more private residences on one or more properties; (“grand aménagement résidentiel”)

“medical officer of health” means, in respect of a drinking-water system, the medical officer of health for the health unit in which the system is located or if none exists, the Chief Medical Officer of Health; (“médecin-hygiéniste”)

“Minister” means the Minister of the Environment or such other minister to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”)

“Ministry” means the ministry over which the Minister presides; (“ministère”)

“municipal drinking-water licence” means a licence issued under Part V; (“permis municipal d’eau potable”)

“municipal drinking-water system” means a drinking-water system or part of a drinking-water system,

(a) that is owned by a municipality or by a municipal service board established under section 195 of the Municipal Act, 2001,

(b) that is owned by a corporation established under section 203 of the Municipal Act, 2001,

(c) from which a municipality obtains or will obtain water under the terms of a contract between the municipality and the owner of the system, or

(d) that is in a prescribed class; (“réseau municipal d’eau potable”)

“natural environment” includes the air, land and water of the Province of Ontario; (“environnement naturel”)

“non-municipal drinking-water system” means a drinking-water system that is not a municipal drinking-water system; (“réseau d’eau potable non municipal”)

“operating authority” means, in respect of a drinking-water system, the person or entity that is given responsibility by the owner for the operation, management, maintenance or alteration of the system; (“organisme d’exploitation”)

“operational plans” means, in respect of a drinking-water system, the operational plans required under this Act; (“plans d’exploitation”)

“owner” includes, in respect of a drinking-water system, every person who is a legal or beneficial owner of all or part of the system, but does not include the Agency or any of its predecessors where the Agency or predecessor is registered on title as the owner of the system; (“propriétaire”)

“person” includes a municipality; (“personne”)

“place” includes a building, structure, machine, vehicle and vessel; (“lieu”)

“plumbing” means a system of works,

(a) that comprise a “water system” for the purposes of the definition of “plumbing” in subsection 1 (1) of the Building Code Act, 1992, other than equipment installed in plumbing to treat water, and

(b) that are connected to a drinking-water system; (“installation de plomberie”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“private residence” has the prescribed meaning; (“résidence privée”)

“raw water” means water that is in a drinking-water system or in plumbing that has not been treated in accordance with,

(a) the prescribed standards and requirements that apply to the system, or

(b) such additional treatment requirements that are imposed by the licence or approval for the system, if the system is licensed or approved under this Act; (“eau brute”)

“raw water supply” means water outside a drinking-water system that is a source of water for the system; (“approvisionnement en eau brute”)

“Registry” means the environmental registry established under section 5 of the Environmental Bill of Rights, 1993; (“Registre”)

“regulated non-municipal drinking-water system” means, in respect of a provision of this Act or the regulations, a non-municipal drinking-water system that is in a class prescribed for the purposes of that provision; (“réseau d’eau potable non municipal réglementé”)

“test” includes analyse when used as a verb, and “test”, when used as a noun, and “testing” have corresponding meanings; (“analyse”, “analyser”)

“treatment system” means any part of a drinking-water system that is used in relation to the treatment of water and includes,

(a) any thing that conveys or stores water and is part of a treatment process, including any treatment equipment installed in plumbing,

(b) any thing related to the management of residue from the treatment process or the management of the discharge of a substance into the natural environment from the system, and

(c) a well or intake that serves as the source or entry point of raw water supply for the system; (“système de traitement”)

“Tribunal” means the Environmental Review Tribunal; (“Tribunal”)

“waters” includes drinking water, raw water, raw water supply and water contained in plumbing. (“eaux”)

References to Director

(2)  In a provision of this Act or the regulations, other than Part X of this Act and the regulations made for the purposes of that Part, a reference to “the Director” is a reference to the director appointed under this Act for the purposes of the provision.

Regulations under this Act

(3)  For greater certainty, a reference to “under this Act” includes “under the regulations made under this Act”.

PART II
ADMINISTRATION

Powers and duties of the Minister

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, treatment, monitoring, testing and distribution of drinking water;

(e) ensure that appropriate training and retraining programs are available to all operators of drinking-water systems in Ontario and facilitate accessibility to the programs for small and remote communities;

(f) collect, test, publish and otherwise disseminate information, statistics and advice relating to drinking water;

(g) provide technical assistance to owners and operators of drinking-water systems;

(h) engage in joint discussions and initiatives with other levels of government to facilitate the provision of safe drinking water;

(i) make grants and loans in such amounts and on such terms as the Minister considers advisable to support research and training relating to drinking-water quality and to assist in the planning, operation, development, improvement and enlarging of drinking-water systems;

(j) perform such other functions or carry out such other duties as may be assigned from time to time by the Lieutenant Governor in Council.

Delegation

(2)  The Minister may in writing delegate any of his or her powers or duties under this Act to an employee of the Ministry specified in the delegation, other than the power to make a regulation under this Act or an order under section 108.

Agreements

(3)  The Minister may enter into agreements with such persons, entities or governments as the Minister considers appropriate for the purposes of this Act.

Annual report

(4)  The Minister shall prepare and lay before the Assembly an annual drinking-water report for the province that includes,

(a) the status of the development and establishment of drinking-water quality standards and the quality of drinking water in Ontario;

(b) new and emerging information on pathogens, chemicals and other potential causes of drinking-water health hazards;

(c) a summary of the results of inspections and accreditation audits under this Act for drinking-water systems and drinking-water testing services;

(d) a summary of enforcement activities under this Act;

(e) a review of the quality of raw water supplies and source protection initiatives across the province; and

(f) such other matters as may be prescribed or that the Minister considers appropriate for inclusion in the report.

Advisory Council on Drinking-water Quality and
Testing Standards

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.

Appointment of members

(2)  The members of the Advisory Council shall be appointed by the Minister.

Notice

(3)  The Advisory Council may publish information in the Registry.

Consideration by Minister

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.

Directors

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.

Same

(2)  In making an appointment under this section, the Minister shall appoint only,

(a) an employee of the Ministry or a member of a class of employees of the Ministry; or

(b) a person other than an employee of the Ministry or a member of a class of such employees, if the appointment is approved by the Lieutenant Governor in Council.

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.

Chief Inspector

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 paragraphs 1 and 2.

7. Such other duties as may be assigned by the Minister.

Annual report

(2)  The Chief Inspector shall provide an annual written report to the Minister respecting the overall performance of drinking-water systems in Ontario and the inspection program for drinking-water systems and containing such other information as the Minister may require relating to inspections conducted under this Act.

No personal information

(3)  A report under subsection (2) shall not contain any personal information that is maintained for the purpose of creating a record that is not available to the general public.

Same

(4)  The Chief Inspector shall provide the annual report to the Minister on or before a day specified by the Minister.

Publication

(5)  The Minister shall make the Chief Inspector’s annual report public as soon as practicable after the Minister receives it.

Provincial officers

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.

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.

Provincial officer

(3)  A provincial officer is a peace officer for the purpose of enforcing this Act.

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.

Minister’s directive

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.

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.

Compliance

(3)  Every person to whom a directive is given under subsection (1) shall comply with the directive.

Publication

(4)  Every directive issued under this section comes into effect on the day notice of the directive is given in the Registry.

Regulations Act not applicable

(5)  The Regulations Act does not apply to a directive issued under this section.

PART III
GENERAL REQUIREMENTS

Potable water

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.

Duties of owners and operating authorities

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 the regulations and the licence or approval issued or granted for the system under this Act.

4. That all sampling, testing and monitoring requirements under this Act that relate to the drinking-water system are complied with.

5. That personnel at the drinking-water system are under the supervision of persons having the prescribed qualifications.

6. That the persons who carry out functions in relation to the drinking-water system comply with such reporting requirements as may be prescribed or that are required by the conditions in the licence or approval issued or granted for the system under this Act.

Duty of owner to report to public

(2)  If an owner of a municipal drinking-water system or regulated non-municipal drinking-water system is required by the regulations to report on any matter to the public, the owner shall report in accordance with the regulations.

Out-of-province drinking-water testing service

(3)  No owner or operating authority of a municipal drinking-water system or regulated non-municipal drinking-water system shall obtain a drinking-water testing service from a person who is not licensed under Part VII to offer or provide the service unless,

(a) the laboratory at which the testing is to be conducted is located outside Ontario and is an eligible laboratory in respect of the particular tests to be conducted;

(b) the person agrees in writing to comply with section 18 and any prescribed requirements; and

(c) the owner or operating authority provides to the Director appointed for the purposes of Part VII,

(i) written notice of the use of the testing service,

(ii) a copy of the accreditation referred to in clause (4) (a), if applicable, and

(iii) a copy of the agreement referred to in clause (b).

Eligible laboratory

(4)  For the purposes of this section, a laboratory located outside Ontario is an eligible laboratory in respect of a particular test if the laboratory is on a list maintained by the Director appointed for the purposes of Part VII and,

(a) the laboratory is accredited for the conduct of the test and, in the Director’s opinion, the accreditation is equivalent to the accreditation standard of an accreditation body for drinking-water testing under Part VII; or

(b) in the Director’s opinion,

(i) it is desirable for the purposes of this Act that the test be available,

(ii) there is no laboratory, or there are insufficient laboratories, in the area for the conduct of the test under a licence issued under Part VII, and

(iii) the person who is to provide the drinking-water testing service will be capable of conducting the test at the laboratory, or causing the test to be conducted there.

List of out-of-province laboratories

(5)  For the purposes of subsection (4), a laboratory may be added to the list maintained by the Director, and may be retained on the list, only if,

(a) any fee required under this Act has been paid in respect of the laboratory; and

(b) the laboratory complies with the prescribed requirements.

Director’s direction

(6)  The Director may issue a direction to one or more owners or operating authorities prohibiting them from obtaining drinking-water testing services from a laboratory located outside Ontario if the Director has reason to believe that the laboratory has ceased to be an eligible laboratory or has failed to comply with section 18 or a prescribed requirement.

Same

(7)  Every person who receives a direction under subsection (6) shall comply with the direction and advise the Director in writing of the alternative laboratory from which the person will obtain drinking-water testing services.

Revocation of direction

(8)  The Director may revoke a direction issued under subsection (6) if he or she is of the opinion that the reasons for issuing the direction no longer exist.

Operator’s certificate

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.

Transitional

(2)  For the purposes of subsection (1), a valid operator’s licence issued under section 6 of Ontario Regulation 435/93 under the Ontario Water Resources Act shall be deemed to be an operator’s certificate until the day the operator’s licence expires or is cancelled or suspended.

Same

(3)  For the purposes of subsection (1), a valid operator’s licence issued under section 7 or 8 of Ontario Regulation 435/93 under the Ontario Water Resources Act shall be deemed to be an operator’s certificate until the earlier of,

(a) the day the operator’s licence is cancelled or suspended; and

(b) the day that is the second anniversary of the day of filing of a regulation made under this Act governing the application and issue of operator’s certificates.

Same

(4)  If an operator’s licence mentioned in subsection (3) expires before the day described in clause (3) (b) and is not renewed, the licence ceases to be deemed to be an operator’s certificate on the day it expires.

Duty to have accredited operating authority

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.

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.

Agreement with accredited operating authority

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 of the owner and the accredited operating authority in the event a deficiency is determined to exist or an emergency occurs.

4. A description of the respective responsibilities of the owner and the accredited operating authority to ensure that the operational plans for the system are reviewed and revised appropriately and that both parties are informed of all revisions.

5. Any other provisions required by the regulations.

Delegation of duty

(2)  If an owner of a drinking-water system enters into an agreement with an accredited operating authority, the owner may, in the agreement, delegate a duty imposed on the owner under this Act to the accredited operating authority.

Exception

(3)  A delegation referred to in subsection (2) shall not relieve the owner of the drinking-water system from the duty to comply with section 19 or the duty,

(a) to ensure that the accredited operating authority carries out its duties under this Act and the agreement in a competent and diligent manner while it is in charge of the system; and

(b) upon discovery that the accredited operating authority is failing to act in accordance with clause (a), to take all reasonable steps to ensure that the operation of the system complies with the requirements under this Act.

Agreement to be made public

(4)  The contents of every agreement referred to in subsection (1) between an owner of a drinking-water system and an accredited operating authority shall be made public by the owner of the system in accordance with the requirements prescribed by the Minister.

Directions, operational plans

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.

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.

Same

(3)  The Director may amend, revoke or replace a direction issued under this section.

Content of direction

(4)  The direction shall include,

(a) minimum content requirements for operational plans;

(b) rules respecting the retention of copies of versions of operational plans;

(c) rules respecting the public disclosure of the contents of operational plans; and

(d) such other requirements as the Director considers necessary for the purposes of this Act and the regulations.

Same

(5)  A direction issued under this section may,

(a) be general or limited in its application;

(b) apply in respect of any class of drinking-water systems;

(c) require the preparation of operational plans for a treatment system, a distribution system or any part of either or both of them.

Publication

(6)  A direction, amendment to a direction or revocation of a direction takes effect when a notice of the direction, amendment or revocation, as the case may be, is given in the Registry.

Regulations Act not applicable

(7)  The Regulations Act does not apply to a direction issued under this section.

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.

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.

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 satisfied that the plans satisfy the directions; or

(b) rejecting the plans for the reasons set out in the notice, if the Director is not satisfied that the plans satisfy the directions.

Resubmission of plans

(4)  The owner of a municipal drinking-water system whose operational plans are rejected by the Director shall revise and resubmit the revised plans to the Director in accordance with the directions specified in the notice.

Ownership of operational plans

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.

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.

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.

Duty to report adverse test result

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 accredited operating authority responsible for the system or, if there is no accredited operating authority responsible for the system, the owner of the system.

2. The person operating the laboratory at which the adverse result was obtained.

Same

(2)  A report under subsection (1) shall be made in accordance with the regulations.

Duty to report to the owner

(3)  If an accredited operating authority is required to report an adverse test result under subsection (1), the accredited operating authority shall also immediately report the adverse test result to the owner of the system for which the accredited operating authority is responsible.

Duty of laboratory to report

(4)  Every person operating a laboratory who is required to report an adverse test result under subsection (1) shall also notify the accredited operating authority responsible for the system or, if there is no accredited operating authority responsible for the system, the owner of the system, of every adverse test result relating to the system, immediately after the adverse result is obtained.

Standard of care, municipal drinking-water system

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.

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 the system.

Offence

(3)  Every person under a duty described in subsection (1) who fails to carry out that duty is guilty of an offence.

Same

(4)  A person may be convicted of an offence under this section in respect of a municipal drinking-water system whether or not the owner of the system is prosecuted or convicted.

Reliance on experts

(5)  A person shall not be considered to have failed to carry out a duty described in subsection (1) in any circumstance in which the person relies in good faith on a report of an engineer, lawyer, accountant or other person whose professional qualifications lend credibility to the report.

Prohibition

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.

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.

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.

PART IV
ACCREDITATION OF OPERATING AUTHORITIES

Quality Management Standard

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.

Revisions

(2)  The Minister may approve such revisions to the Quality Management Standard as the Minister considers advisable.

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.

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.

Application of Standard

(5)  The Quality Management Standard may,

(a) be general or limited in its application; and

(b) apply in respect of any class of activity, matter, person or thing.

Same

(6)  A class mentioned in clause (5) (b) may be defined with respect to any attribute, quality, characteristic or combination of them and may be defined to consist of or to include or exclude any specified member of a class whether or not the member has the same attributes, qualities or characteristics as other members of the class.

Adoption by reference

(7)  The Quality Management Standard may adopt by reference, in whole or in part, with such changes as the Minister considers necessary, any document, including a code, formula, standard, protocol or procedure.

Amendments to codes, etc.

(8)  The power to adopt by reference and require conformity with a document in subsection (7) includes the power to adopt the document as it may be amended from time to time after it is adopted.

Regulations Act not applicable

(9)  The Regulations Act does not apply to the approval of the Quality Management Standard or to the approval of revisions to the Standard.

Accreditation body for operating authorities

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.

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.

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.

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 under this Part.

No action on termination

(5)  No action or other proceeding shall be commenced in respect of,

(a) the termination by the Minister of an accreditation agreement; or

(b) the revocation of a regulation or a provision of a regulation designating or establishing an accreditation body for operating authorities.

Obligations of accreditation body

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.

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.

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 for the proposed action; and

(b) notify the Director in writing if the accreditation body implements the proposed suspension or revocation mentioned in clause (a).

Accreditation agreement

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 recommendations,

v. the requirement that copies of every audit report in respect of a system be provided to the Director and the operating authority and owner of the system and the results be made available to the public.

5. The authority for and procedures governing the granting, suspending and revocation of accreditation.

6. Requirements for the giving of notice in writing of a proposed suspension or revocation of accreditation of an accredited operating authority to the Director, the appropriate municipality or municipalities and the owner of the relevant drinking-water system, if the system is not owned by a municipality, including the manner for giving notice and the requirement that the notice set out the reasons for the proposed action.

7. The entitlement of the Minister to review or audit, at such time or times as the Minister considers advisable, the performance of the person under the agreement, including the conduct and results of audits under the agreement.

8. The requirement that the person obtain and maintain specified kinds and amounts of insurance.

9. Provisions governing the amendment and termination of the agreement.

Same

(2)  Subsection (1) does not prohibit the inclusion in the agreement of such other provisions as the Minister considers advisable that are consistent with the provisions described in subsection (1) and the purposes of the agreement.

Compliance with audit

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.

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.

Report by auditor of violations

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.

Obligation to report suspension or revocation of
accreditation

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).

Not an agent of the Crown

28.  (1)  Despite the Crown Agency Act, no accreditation body for operating authorities is or shall hold itself out as an agent of Her Majesty for any purpose.

Crown not liable

(2)  No action or other proceeding shall be instituted against the Crown, the Minister or any employee of 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.

Annual reports, etc., by accreditation bodies

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.

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.

PART V
MUNICIPAL DRINKING-WATER SYSTEMS

Financial plans
Definition

30.  (1)  In this Part,

“financial plans” means,

(a) financial plans that satisfy the requirements of subsection (2), but only if,

(i) Bill 175 (Sustainable Water and Sewage Systems Act, 2002, introduced on September 23, 2002) receives Royal Assent, and

(ii) sections 3 and 9 of Bill 175 (Sustainable Water and Sewage Systems Act, 2002) are in force, or

(b) financial plans that satisfy the requirements prescribed by the Minister, in any other case.

Requirements

(2)  For the purposes of clause (a) of the definition of “financial plans” in subsection (1), the financial plans must include,

(a) a report on the full cost of water services, approved and submitted to the Minister in accordance with section 3 of the Sustainable Water and Sewage Systems Act, 2002; and

(b) a cost recovery plan for water services, approved and submitted to the Minister in accordance with section 9 of the Sustainable Water and Sewage Systems Act, 2002.

Same

(3)  References in this section to provisions of Bill 175 and the Sustainable Water and Sewage Systems Act, 2002 are references to those provisions as they were numbered in the first reading version of the Bill.

Requirement for approval or permit and licence

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.

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.

Exception, testing

(3)  Subsection (1) does not apply if,

(a) the operator of the system is conducting a test or experiment on the system;

(b) the water under treatment in the test or experiment is not distributed to users of the system; and

(c) no substance is discharged from the treatment system into the natural environment during the test or experiment.

Exception, prescribed system

(4)  Subsection (1) does not apply to a municipal drinking-water system if the system is a prescribed system or is a member of a prescribed class of systems.

Applications
New system

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).

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 alteration will be carried out before the owner of the system is required to obtain a drinking-water works permit for the system under this Part and the approval does not authorize the alteration; or

(b) for an amendment to the drinking-water works permit for the system, if a permit has been issued for the system and the permit does not authorize the alteration.

Amendment, revocation

(3)  The owner of a municipal drinking-water system may apply to the Director for,

(a) an amendment to the approval under this Part or the drinking-water works permit or municipal drinking-water licence for the system; or

(b) the revocation of the approval under this Part or the drinking-water works permit or municipal drinking-water licence for the system.

Licence renewal

(4)  The owner of a municipal drinking-water system for which a municipal drinking-water licence has been issued may apply to the Director for a renewal of the licence on or before the day specified in the licence as the deadline for a renewal application.

Requirements of application

(5)  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. In the case of an application for a licence, the application must include,

i. a copy of all current operational plans relating to the system, as of the date of the application, prepared in accordance with the Director’s directions for operational plans,

ii. proof satisfactory to the Director that the financial plans for the system satisfy the requirements under this Act if,

A. financial plans for the system are required under Bill 175 (Sustainable Water and Sewage Systems Act, 2002, introduced on September 23, 2002) and the Bill receives Royal Assent, or

B. the Minister prescribes requirements referred to in clause (b) of the definition of “financial plans” in subsection 30 (1),

iii. proof satisfactory to the Director that an accredited operating authority will be in charge of the system, and

iv. proof satisfactory to the Director that a permit to take water has been or will be issued under section 34 of the Ontario Water Resources Act, if the licence relates to a part of a system that takes water from a raw water supply and a permit to take water is required under that Act.

3. All fees required on the application must be submitted to the Director as part of the application.

Additional information

(6)  In connection with an application under this section, the Director may require the applicant to do one or more of the following:

1. Submit plans, specifications, engineers’ reports and other information and documents relating to the municipal drinking-water system.

2. Carry out tests or experiments relating to the system or the raw water supply for the system, and report on the results.

Requirement to apply for permit and licence

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.

Failure to apply for required approval, permit or licence

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 system in accordance with his or her authority under this Part.

Late application

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 the Director in an approval or drinking-water works permit.

Approvals for Municipal
Drinking-water Systems

Approval

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.

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.

Fragmentation

(3)  Despite subsection (1), the Director shall not grant an approval or amend an approval 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) the owner of the system proves to the satisfaction of the Director that the owner gave written notice in a form and manner approved by the Director to each user of the system who would cease to be served by a municipal drinking-water system if the fragmentation proceeds; and

(c) the owner of the system demonstrates to the Director’s satisfaction that the fragmentation will not expose users of the fragmented system to a drinking-water health hazard and will not endanger the natural environment.

Expiry of approval

(4)  An approval for a municipal drinking-water system expires,

(a) on the day a municipal drinking-water licence is issued for the system, if the owner makes an application for a drinking-water works permit and municipal drinking-water licence in accordance with section 33; or

(b) on the day after the day the owner of the system is required under section 33 to apply for a drinking-water works permit and a municipal drinking-water licence for the system, if the owner fails to make the application on or before the day the application is required.

Extension

(5)  The Director may authorize an extension of the expiry date of an approval for a municipal drinking-water system if an application for a drinking-water works permit and a municipal drinking-water licence for the system has been received by the day required under section 33 and the decision on the application is not made on or before the expiry date.

Approval conditions and Director’s amendments

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.

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.

Application of Environmental Assessment Act

(3)  Subsection 12.2 (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 approval, but the other provisions of that Act continue to apply to any future alterations to a municipal drinking-water system that the Director may specify in an approval.

Certificate of compliance

(4)  If a condition of an approval for a municipal drinking-water system so provides, no owner of the system shall put into service any works, equipment, mechanism or thing specified in the approval until the owner or the owner’s designate has given the Director a certificate of compliance in such form as the Director requires.

Permitting inspections

(5)  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 conduct inspections authorized under,

(a) this Act;

(b) section 156, 156.1 or 158 of the Environmental Protection Act;

(c) section 13, 14 or 16 of the Nutrient Management Act, 2002;

(d) section 15, 15.1 or 17 of the Ontario Water Resources Act;

(e) section 19, 19.1 or 20 of the Pesticides Act.

Condition in approval, relief from regulatory
requirements
Definition

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.

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.

Exception

(3)  The Director shall not impose a condition described in subsection (2) in an approval granted under section 37 unless,

(a) the owner of the municipal drinking-water system has applied in writing to the Director for relief from the regulatory requirement;

(b) the regulations do not prohibit the Director from including the condition in the approval under the circumstances relating to the particular system;

(c) the application includes, if required by the regulations, an assessment prepared in accordance with the regulations that demonstrates that providing the relief sought will not result in a drinking-water health hazard and the Director agrees with the conclusions of the assessment;

(d) the owner has conducted public consultations on the application, if any are required by the regulations, and the public consultations, if required, have been conducted in accordance with the prescribed requirements; and

(e) the owner has obtained all consents from individuals that are required by the regulations before the relief may be given.

Suspension, revocation of approval

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.

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.

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 wrong person;

(c) the owner of the system has decommissioned the system in accordance with the conditions in the approval;

(d) the owner of the system applies for revocation;

(e) at least 365 days have passed since the approval was issued, no application for an extension of any deadlines specified in the approval 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 approval was issued, or

(ii) work to establish the system has been essentially discontinued for a period of at least 365 days; or

(f) the approval has been suspended.

Drinking-water Works
Permits

Issue and amendment of permit

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.

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) the owner of the system proves to the satisfaction of the Director that the owner gave written notice in a form and manner approved by the Director to each user of the system who would cease to be served by a municipal drinking-water system if the fragmentation proceeds; and

(c) the owner of the system demonstrates to the Director’s satisfaction that the fragmentation will not expose users of the fragmented system to a drinking-water health hazard and will not endanger the natural environment.

Permit conditions and Director’s amendments

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.

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 purposes of this Act, which part or parts of the drinking-water system constitute the treatment system and which part or parts constitute the distribution system.

5. A condition directing the owner of the system to decommission all or part of the system in accordance with the directions specified in the condition.

6. A condition directing the owner to restore the system to the state specified in the condition.

7. Such other requirements relating to the works, equipment, mechanism or things authorized by the permit as the Director considers necessary to ensure that other conditions in the permit are satisfied in accordance with the requirements of those conditions.

Application of Environmental Assessment Act

(3)  Subsection 12.2 (2) of the Environmental Assessment Act does not prohibit a Director from imposing a condition in a drinking-water works permit under paragraph 3 of subsection (2) of this section, but the other provisions of that Act continue to apply to any future alteration to the system specified in the permit.

Relief from strict compliance

(4)  Subject to subsection (5), the Director may impose a condition in a drinking-water works permit that provides relief from the duty of strict compliance with a prescribed requirement and that authorizes or requires the installation of a water treatment process for a municipal drinking-water system that does not comply with the prescribed treatment standards or requirements for the system.

Same

(5)  Subsection 46 (3) applies with necessary modifications in determining if the Director may impose a condition described in subsection (4) in a drinking-water works permit.

Permit applies to any works of established system

(6)  A drinking-water works permit issued for a municipal drinking-water system that was established before this section came into force may deal with any works associated with the system.

Revocation of drinking-water works
permit

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.

Certificate of compliance

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.

Municipal Drinking-water Licences

Director’s decision, municipal drinking-water licence

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 section 34 of the Ontario Water Resources Act, if the licence relates to a part of a system that takes water from a raw water supply and a permit to take water is required under that Act; and

(f) the Director is satisfied that the system will be operated in accordance with the requirements under this Act and the conditions in the licence.

Information in licence

(2)  A licence shall identify the following:

1. All owners of the system.

2. The accredited operating authority responsible for the operation of the system.

3. The date of issue and number of the drinking-water works permit for the system.

4. The number of the most recent financial plans for the system that satisfy the requirements under this Act, as of the day the licence or renewed licence is issued, if financial plans are required for the system.

5. The number of each operational plan for the system.

6. The date of issue and number of each permit to take water, if one or more permits are required for the system.

Expiry date

(3)  The expiry date for a licence issued or renewed under this Part shall be no later than the fifth anniversary of the day of issue or renewal of the licence, and shall be set out in the licence.

Date for application for renewal

(4)  A licence or renewal under this Part shall contain a date that is the deadline for an application for renewal of the licence.

Same

(5)  The date mentioned in subsection (4) must not be less than 90 days before the date of expiry of the licence.

Extension

(6)  The Director may authorize an extension of the expiry date of a licence if an application for renewal of the licence has been received by the date described in subsection (4) and the decision on the application is not made on or before the expiry date.

Not transferable without consent

(7)  A licence is not transferable without the consent of the Director.

Licence conditions and amendments

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.

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 environment, including standards for those discharges.

5. Requirements relating to drinking-water quality standards.

6. Requirements to prevent any thing from entering the system that will result in a drinking-water health hazard.

7. Reporting and notice requirements.

8. Requirements for ensuring that the operational plans for the system are revised as needed to,

i. satisfy the Director’s directions under Part III,

ii. reflect any future alterations to the system permitted under the drinking-water works permit for the system, and

iii. reflect the conditions in the licence.

9. The requirement to make available copies of the current operational plans and financial plans to the Director, provincial officers and auditors upon request.

Permitting inspections

(3)  It is a condition in every licence, whether or not it is specified in the licence, that the owner and accredited operating authority of the system shall permit provincial officers to conduct inspections authorized under,

(a) this Act;

(b) section 156, 156.1 or 158 of the Environmental Protection Act;

(c) section 13, 14 or 16 of the Nutrient Management Act, 2002;

(d) section 15, 15.1 or 17 of the Ontario Water Resources Act;

(e) section 19, 19.1 or 20 of the Pesticides Act.

Licence condition, relief from regulatory
requirement
Definition

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.

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.

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 applied in writing to the Director for relief from the regulatory requirement;

(b) the regulations do not prohibit the Director from including the condition in the licence under the circumstances relating to the particular system;

(c) the application includes, if required by the regulations, an assessment prepared in accordance with the regulations that demonstrates that providing the relief sought will not result in a drinking-water health hazard and the Director agrees with the conclusions of the assessment;

(d) the owner has conducted public consultations on the application, if any are required by the regulations, and the public consultations, if required, have been conducted in accordance with the prescribed requirements; and

(e) the owner has obtained all consents from individuals that are required by the regulations before the relief may be given.

Licence renewal

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 under section 34 of the Ontario Water Resources Act remains in force, if the licence relates to a part of a system that takes water from a raw water supply and a permit to take water is required under that Act.

Revocation of licence

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.

Suspension of licence

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.

Reinstatement of suspended licence

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.

Transfer of municipal drinking-water system

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.

PART VI
REGULATED NON-MUNICIPAL
DRINKING-WATER SYSTEMS

Prohibition, 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.

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.

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 the system unless,

(a) the Director has consulted the medical officer of health concerning the proposed fragmentation;

(b) the owner of the system proves to the satisfaction of the Director that the owner gave written notice in a form and manner approved by the Director to each user of the system who would cease to be served by a system prescribed as a regulated non-municipal drinking-water system for the purposes of subsection (2) if the fragmentation proceeds; and

(c) the owner of the system demonstrates to the Director’s satisfaction that the fragmentation will not expose users of the fragmented system to a drinking-water health hazard and will not endanger the natural environment.

Application to existing systems

(4)  Subsections (1) and (2) apply in respect of the operation, alteration or fragmentation of a system whether the system was established before or after those subsections come into force.

Exception, testing

(5)  The requirements under subsection (1) in respect of the operation of a system do not apply if,

(a) the operator of the system is conducting a test or experiment on the system;

(b) the water under treatment in the test or experiment is not distributed to users of the system; and

(c) no substance is discharged from the treatment system into the natural environment during the test or experiment.

Transition, deemed approval

(6)  If a non-municipal drinking-water system requires an approval under this Part, an approval granted under section 52 of the Ontario Water Resources Act before this section comes into force,

(a) is deemed to be an approval granted under this Part while the approval is in force; and

(b) may be amended, suspended, reinstated or revoked as if it were an approval granted by the Director under this Part.

Revocation of deemed approval

(7)  If a non-municipal drinking-water system is not required under this Part to have an approval and an approval has been granted for the system under section 52 of the Ontario Water Resources Act, the approval under the Ontario Water Resources Act shall be deemed to be revoked on the date specified in the regulations.

Prohibition, development

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.

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.

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 system.

Financial assurance

(4)  If a municipality grants a consent mentioned in subsection (1), the municipality may, as a condition of granting the consent, require the owner of the system to provide cash, a letter of credit from a bank, a bond or another form of financial assurance that the municipality considers appropriate in any amount the municipality believes is necessary to ensure that the municipality has sufficient funds to deal with any failure by the owner or a future owner to comply with an order issued under this Act,

(a) that relates to a deficiency with the system; or

(b) that arises after the system or part of the system is abandoned, within the meaning of Part IX.

Copy of consent

(5)  If a municipality grants a consent mentioned in subsection (1), the municipality shall provide the Director with a copy of the consent within 30 days of granting the consent.

Interpretation

(6)  In this section, a reference to a municipality means, in the case of a two-tier municipality, the municipality that has jurisdiction to provide a water public utility under the Municipal Act, 2001.

Applications
New system

54.  (1)  A person who proposes to establish a new regulated non-municipal drinking-water system or replace a regulated non-municipal drinking-water system with a new regulated non-municipal drinking-water system shall apply to the Director for an approval for the proposed system if an approval is required under the regulations for the proposed system.

Alteration to system

(2)  The owner of a non-municipal drinking-water system for which an approval is granted under this Part who proposes to carry out an alteration to the system that is not authorized by the approval shall apply to the Director for an amendment to the approval.

Applications for amendment, revocation

(3)  An owner of a non-municipal drinking-water system for which an approval was granted under this Part may apply to the Director for an amendment to the approval or the revocation of the approval.

Voluntary application for approval

(4)  An owner of a regulated non-municipal drinking-water system that is not required to have an approval may apply to the Director for an approval for the purpose of obtaining relief under section 60 from the duty of strict compliance with a regulatory requirement or for another purpose.

Requirements for application

(5)  An application under this section must,

(a) be made in the manner and form approved by the Director and contain the information required by the Director;

(b) include a copy of any consent relating to the system that is required under section 53; and

(c) include all fees required on the application.

Additional information

(6)  In connection with an application under this section, the Director may require an applicant to,

(a) submit plans, specifications, engineers’ reports and other information and documents relating to the non-municipal drinking-water system; or

(b) carry out tests and experiments relating to the non-municipal drinking-water system or the raw water supply for the system, and report on the results.

Late application

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.

Grant and amendment of approval

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.

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.

Approval conditions and Director’s amendments

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.

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 appr