Annual sampling and testing for lead
 5.  (1) Revoked:  O. Reg. 417/09, s. 5 (1). (2) The operator of a school, private school or child care centre shall ensure that samples of water are taken in accordance with the following rules: 1. Except in a year in which paragraph 2 applies to a school, private school or child care centre, the samples must be taken at least once in each calendar year, during the period beginning on May 1 and ending on October 31. 2. If the school, private school or child care centre commences operation on or after December 14, 2009, the samples must be taken at least once within 30 days after the first day of operation and, if operation commences during a period beginning on January 1 and ending on March 31, at least once during the period beginning on May 1 and ending on October 31 in the same calendar year during which operation commences. 2.1 The samples must consist of two one-litre samples of cold water taken from the same tap or fountain. 3. If the tap or fountain from which the samples are to be taken has an aerator, the aerator must not be removed while the samples are being taken. 4.  Revoked: O. Reg. 459/16, s. 7 (3). 5. The samples must be taken from, i. any drinking water fountain, or ii. any tap that is used in the preparation of food or drink for children under 18 years of age or to provide drinking water for consumption by children under 18 years of age. 5.1 In the case of a child care centre or in the case of a school or private school in which instruction is given in the primary division within the meaning of the Education Act, at least one set of two one-litre samples must be taken before January 1, 2020 from every drinking water fountain and tap that meets the description set out in paragraph 5. This requirement is satisfied if at least one set of two one-litre samples from every drinking water fountain and tap described in paragraph 5 was taken on or after June 7, 2007. 5.1.1 At least one third of the drinking water fountains and taps required to be sampled under paragraph 5.1 must be sampled in 2017 and at least the second third of the drinking water fountains and taps required to be sampled under paragraph 5.1 must be sampled in 2018. 5.1.2 In the case of a school or private school to which paragraph 5.1 does not apply, at least one set of two-litre samples must be taken before January 1, 2022 from every drinking water fountain and tap that meets the description set out in paragraph 5. This requirement is satisfied if at least one set of two one-litre samples from every drinking water fountain and tap described in paragraph 5 was taken on or after June 7, 2007. 5.2  Revoked: O. Reg. 459/16, s. 7 (5). 5.3 If more than one school, private school or child care centre is served by the same plumbing, a single set of two one-litre samples may be taken for the purposes of paragraph 2.1 for all of the schools, private schools or child care centres if, i. every drinking water fountain and tap described in paragraph 5 and served by the same plumbing has been sampled before the applicable deadlines in paragraph 5.1, 5.1.1 or 5.1.2. This requirement is satisfied if at least one set of two one-litre samples from every drinking water fountain and tap described in paragraph 5 was taken on or after June 7, 2007. ii.  Revoked: O. Reg. 459/16, s. 7 (5). iii. the operator of the school, private school or child care centre who receives a report under subsection 6 (1) gives a report within 24 hours after the report is received to every other school, private school or child care centre that is relying on the same single set of samples, setting out the result that requires the report and the standard prescribed by Schedule 2 to Ontario Regulation 169/03 (Ontario Drinking Water Quality Standards) made under the Act that the result exceeds, and iv. the operator of a school or a child care centre who receives a copy of a report under subparagraph iii gives a copy of the report, within 24 hours after the report is received, to the Ministry of Education, or any successor of that ministry. v.  Revoked: O. Reg. 459/16, s. 7 (9). 6. If there is more than one drinking water fountain or tap described in paragraph 5 and one of those fountains or taps is more likely than the others to be served by lead plumbing or plumbing that contains lead solder, at least one set of samples must be taken from the fountain or tap that is most likely to be served by lead plumbing or plumbing that contains lead solder before any samples are taken from other fountains or taps. This requirement is satisfied if at least one set of samples was taken from the fountain or tap that is most likely to be served by lead plumbing or plumbing that contains lead solder on or after June 7, 2007. 6.1 If one or more drinking water fountains or taps described in paragraph 5 is installed after the applicable deadline in paragraph 5.1 or 5.1.2, at least one set of samples must be taken from every fountain and tap that has yet to be sampled before any required samples are taken from fountains or taps that have already been sampled. 6.2 If a filter or other device that treats water and is certified for lead reduction is installed on or near the drinking water fountain or tap, the operator of the school, private school or child care centre shall ensure that, i. water from the drinking water fountain or tap has been sampled and tested for lead at least once following the installation, and the test results show lead levels from the first litre of treated water at or below one microgram per litre, ii. the filter or device is properly maintained and filter cartridges are replaced at least as frequently as set out in the instructions provided by the device’s manufacturer, and iii. a record is made of the date, time and location of every maintenance activity and filter cartridge replacement and of the name of the person who carried it out. 6.3 The requirement in subparagraph 6.2 i is satisfied in respect of a filter or other device that was installed before the day O. Reg. 459/16 comes into force if water from the drinking water fountain or tap on which or near which the filter or other device was installed was sampled after installation and on or after June 7, 2007. 7. The first sample to be taken must be taken in accordance with the following rules: i. If it is practicable to take the sample immediately after a period of six hours or more when the plumbing is not used, the sample must be taken immediately after that period. ii. If subparagraph i does not apply, the sample must be taken immediately after the longest period when the plumbing is not used for which it is practicable to take the sample. iii. The sample must be taken immediately after the period referred to in subparagraph i or ii and before the plumbing is flushed in accordance with section 3, 4, 4.1 or 5.1. 8. The second sample to be taken must be taken in accordance with the following rules: i. Subject to subparagraph ii, the second sample must be taken immediately after the first sample. ii. Before taking the second sample, the tap or fountain must be turned on for at least five minutes, and then turned off and left unused for a period of at least 30 but not more than 35 minutes. iii. If practicable, the plumbing must not be used during the period of at least 30 but not more than 35 minutes that is referred to in subparagraph ii. iv. The second sample must be taken immediately after the period of at least 30 but not more than 35 minutes that is referred to in subparagraph ii. 8.1 Despite paragraphs 7 and 8, more than one set of samples may be taken on the same day if the first litres of all sets of water samples are taken before any of the second litres is taken from any set of samples. 9. Each sample must be taken during a single continuous period and must include the first water that comes out when the tap or fountain is turned on to take the sample. 10. Each sample must be taken with water flowing at a rate that approximates normal use, without permitting water to splash out of the container in which the sample is being collected. 11. Unless the directions referred to in subsection (4) provide otherwise, more than one container may be used to take each of the samples, as long as the time taken to switch from one container to the next is minimized. 12. A record must be made of the date and time each sample was taken, an estimate of the length of the period referred to in subparagraph 7 i or ii, the location in the school, private school or child care centre where the sample was taken and the name of the person who took the sample.  O. Reg. 243/07, s. 5 (2); O. Reg. 400/07, s. 4 (2); O. Reg. 417/09, s. 5 (2-12); O. Reg. 459/16, s. 7 (1-14). (2.1) Despite paragraph 1 of subsection (2) and subject to subsection (2.2), samples may be taken only once in every third calendar year, during the period beginning on May 1 and ending on October 31 if, (a) for a period of at least 24 consecutive months, test results in respect of the plumbing in the buildings that house the school, private school or child care centre have been obtained, and none of the test results from the most recent 24 consecutive months has exceeded the standard prescribed for lead; (b) every drinking water fountain and every tap described in paragraph 5 of subsection (2) in the school, private school or child care centre has been sampled at least once since June 7, 2007; and (c)  Revoked: O. Reg. 459/16, s. 7 (16). (d) a notice has been submitted to the Director stating that the conditions described in clauses (a) and (b) have been met.  O. Reg. 417/09, s. 5 (13); O. Reg. 459/16, s. 7 (15-17). (2.1.1) Despite paragraphs 5.1 to 5.1.2 of subsection (2), the following rules apply with respect to schools, private schools or child care centres that commence operation on or after the day O. Reg. 459/16 comes into force: 1. A school, private school or child care centre that meets the description in paragraph 5.1 of subsection (2) must take the samples described in that paragraph within three years after it commences operation. 2. A school, private school or child care centre that meets the description in paragraph 5.1.2 of subsection (2) must take the samples described in that paragraph within five years after it commences operation. O. Reg. 459/16, s. 7 (18). (2.2) Subject to subsection (2.7), if the Director gives a direction in writing to the operator of a school, private school or child care centre in respect of which subsection (2.1) applies, (a) subsection (2.1) ceases to apply in respect of the school, private school or child care centre; and (b) the operator of the school, private school or child care centre shall comply with the direction. O. Reg. 459/16, s. 7 (19). (2.3) The Director may give a direction mentioned in subsection (2.2) to the operator of a school, private school or child care centre if, (a) the Director has knowledge of water chemistry changes in the drinking water supplied to the school, private school or child care centre; and (b) the Director is of the opinion that the changes mentioned in clause (a) may result in levels of lead in the drinking water at the school, private school or child care centre that exceed the standard prescribed for lead.  O. Reg. 417/09, s. 5 (13); O. Reg. 459/16, s. 7 (20). (2.4) A direction mentioned in subsection (2.2) shall direct the operator of the school, private school or child care centre to comply with paragraph 1 of subsection 5 (2) and may direct the operator to take other steps, including additional sampling and testing, that, in the opinion of the Director, will lower the risk of lead exposure to children at the school, private school or child care centre.  O. Reg. 417/09, s. 5 (13); O. Reg. 459/16, s. 7 (20). (2.5) The Director may amend a direction mentioned in subsection (2.2) by giving written notice of the amendment to the operator of the school, private school or child care centre.  O. Reg. 417/09, s. 5 (13); O. Reg. 459/16, s. 7 (20). (2.6) The Director may revoke a direction mentioned in subsection (2.2) by giving written notice of the revocation to the operator of the school, private school or child care centre if the Director is of the opinion that, (a) the water chemistry in the drinking water supplied to the school, private school or child care centre is
no longer likely to result in levels of lead in the drinking water that exceed the standard prescribed for lead; or (b) steps have been taken to adequately lower the risk of lead exposure to children at the school, private school or child care centre.  O. Reg. 417/09, s. 5 (13); O. Reg. 459/16, s. 7 (20). (2.7) If the Director revokes a direction mentioned in subsection (2.2), subsection (2.2) ceases to apply in respect of the operator of the school, private school or child care centre.  O. Reg. 417/09, s. 5 (13); O. Reg. 459/16, s. 7 (20). (3) The operator of a school, private school or child care centre from which a sample is taken under this section shall ensure that the sample is tested for lead.  O. Reg. 243/07, s. 5 (3); O. Reg. 417/09, s. 5 (14); O. Reg. 459/16, s. 7 (20). (4) Subject to subsection (2), the operator of a school, private school or child care centre from which a sample is taken under this section shall ensure that the sample is taken and handled in accordance with the directions of the laboratory to which the sample will be delivered for testing, including directions with respect to, (a) collection procedures; (b) the use of specified kinds of containers or of containers that are provided by the laboratory; (c) the labelling of samples; (d) the completion and submission of forms that are provided by the laboratory; (e) methods of transporting samples, including temperature conditions that must be maintained during transportation; and (f) time periods for delivery of samples.  O. Reg. 243/07, s. 5 (4); O. Reg. 417/09, s. 5 (15); O. Reg. 459/16, s. 7 (20). (5) The operator of a school, private school or child care centre from which a sample is taken under this section shall ensure that written notice of the identity of the laboratory that will conduct the test for lead is given to the Director before the sample is tested, unless the Director has previously been notified under this subsection that a water sample from the school, private school or child care centre was to be tested for lead by that laboratory.  O. Reg. 243/07, s. 5 (5); O. Reg. 417/09, s. 5 (16); O. Reg. 459/16, s. 7 (20). (6) If the information in the written notice given to the Director under subsection (5) changes, the operator of the school, private school or child care centre shall give to the Director written notice of the change within 10 days of the change.  O. Reg. 417/09, s. 5 (17); O. Reg. 459/16, s. 7 (20). (7) Every test of a water sample taken under this section is prescribed as a drinking water test for the purpose of the definition of “drinking water test” in section 2 of the Act.  O. Reg. 243/07, s. 5 (7).