Emergency situations, operators etc.
 23. (1) Subject to subsection (2), (3) and (4), if the circumstances described in clause 22 (1) (a) or (b) exist, and despite sections 14, 15 and 17, the owner of a facility or a person authorized by the owner may employ the following persons, even if they do not hold an operator’s licence applicable to that type of facility, to temporarily operate the facility or be designated as overall responsible operator or as an operator-in-charge: 1.  A licensed engineering practitioner. 2.  A person who, at any time in the previous 60 months, held an operator’s licence for the applicable type of facility, if the licence has not been revoked or suspended at any time. 3.  A certified engineering technician or certified engineering technologist under the Ontario Association of Certified Engineering Technicians and Technologists Act, 1998 who, i.  has at least three years of experience working in the same type of wastewater facility, and ii.  has been trained by a licensed operator or a person described paragraph 2 on the operating duties to be performed. 4.  A person who is employed as a manager of one or more facilities, as long as the person, i.  has at least five years of experience working in the type of facility to be operated, ii.  directly manages or supervises licensed operators, iii.  only operates a facility or facilities at which the person is employed, and iv.  has been trained by a licensed operator or a person described in paragraph 2 on the operating duties to be performed. 5.  Any person currently employed in a facility, as long as the person, i.  has at least five years of experience working in the same type of wastewater facility, ii.  is responsible for performing maintenance on facility equipment used to treat wastewater or to adjust or direct the flow, pressure or quality of wastewater within the facility, or is responsible for providing technical support relating to the operation of the facility as a millwright, electrician, instrumentation technician, laboratory technician, maintenance mechanic or process control technician, or an equivalent position, iii.  only operates the type of facility at which the person is employed, and iv.  has been trained by a licensed operator or a person described in paragraph 2 on the operating duties to be performed. O. Reg. 818/21, s. 7. (2) Only the following persons may perform operator-in-charge or overall responsible operator responsibilities and duties as set out in sections 15, 17 and 18: 1.  A person described in paragraph 1 of subsection (1). 2.  A person described in paragraph 2 of subsection (1), where the licence that the person previously held was of the appropriate type and class for an operator-in-charge or overall responsible operator designation as set out in sections 15 and 17. O. Reg. 818/21, s. 7. (3) An owner of a facility or a person authorized by the owner may employ persons listed in subsection (1) only if it has reasonable grounds for believing that, (a)  there is an existing or impending critical shortage of licensed operators in the facility; and (b)  the use of non-licensed persons is necessary to ensure the safe and efficient operation of the facility and the continued protection of Ontario’s waters. O. Reg. 818/21, s. 7. (4) No person described in subsection (1) shall operate a facility if the person is the holder of any licence that has been cancelled or is suspended, or if the person’s drinking water operator’s certificate or drinking water quality analyst’s certificate issued under Ontario Regulation 128/04 (Certification of Drinking Water System Operators and Water Quality Analysts), made under the Safe Drinking Water Act, 2002, has been revoked or is suspended. O. Reg. 818/21, s. 7. (5) Within seven days of employing the first of one or more persons described in subsection (1), an owner of the facility or a person authorized by the owner shall submit, in writing, to the Director, in the manner and form approved by the Director, information about the circumstances leading to the person’s or persons’ employment in the facility. O. Reg. 818/21, s. 7. (6) An owner or a person authorized by the owner that employs a person under subsection (1) shall provide a written report to the Director within 90 days of the end of the circumstances described in clause 22 (1) (a) or (b) that includes the following in respect of each person: 1.  Name. 2.  Details showing how the person satisfied the criteria set out in the paragraph of subsection (1) under which the person was temporarily employed to operate the facility. 3.  Position held while employed to operate the facility. 4.  Summary of operating duties performed. 5.  Time spent operating the facility, including dates and shift number or designation. 6.  Whether the person performed operator-in-charge or overall responsible operator responsibilities and duties. 7.  Where applicable, time spent performing the responsibilities and duties of an operator-in-charge or overall responsible operator, including dates and shift number or designation. 8.  Reasons why employing the person to operate the facility was necessary to ensure the safe and efficient operation of the facility and the continued protection of Ontario’s waters. O. Reg. 818/21, s. 7. (7) The owner shall ensure that records included in the report described in subsection (6) are maintained in accordance with section 19 for at least five years. O. Reg. 818/21, s. 7.