113 (1) The Director may issue a written notice, in any of the following circumstances, appointing an interim operating authority to take charge of a municipal drinking water system or a regulated non-municipal drinking water system: 1.  There has been a failure or refusal to retain an accredited operating authority within the time specified by an order issued under this Part. 2.  In the case of a municipal drinking water system, the Director has suspended the approval or municipal drinking water licence for the system. 3.  There has been a failure or refusal to comply with an order issued under this Act in respect of a deficiency in a regulated non-municipal drinking water system for which an order cannot be made under section 114 and the Director is of the opinion that the continuing operation of the system will result in a drinking water health hazard. 4.  In the case of an abandoned regulated non-municipal drinking water system in unorganized territory, there is a deficiency in the system and the Director is of the opinion that the continuing operation of the system will result in a drinking water health hazard. 5.  A notice of emergency response has been issued under section 110 in respect of a drinking water system for which an order cannot be made under section 114 and the Minister directs the Director to appoint an interim operating authority for the system. 6.  There has been a failure or refusal to comply with an order issued under section 111. 7.  There has been a failure or refusal to comply with an order issued under section 112.  2002, c. 32, s. 113 (1). Agreement (2) Before issuing a notice under this section, the Director shall enter into an agreement with the person or entity that will be the interim operating authority.  2002, c. 32, s. 113 (2). Same (3) The Director shall ensure that an agreement under subsection (2) includes the prescribed terms, if any.  2002, c. 32, s. 113 (3). Term of appointment (4) The term of appointment of an interim operating authority shall not exceed 24 months unless the Minister approves the extension and the interim operating authority consents to the extension.  2002, c. 32, s. 113 (4). Directions to interim operating authority (5) In a notice issued under subsection (1), the Director may, if the Director considers it necessary for the purposes of this Act, by the notice direct the interim operating authority to do one or more of the following: 1.  In the case of a drinking water system that has a deficiency, implement measures specified in the notice to correct the deficiency, including specified alterations to the system. 2.  If a permit, licence or approval is required for the drinking water system, apply, on behalf of the owner, for the permit, licence or approval or for an amendment to the permit, licence or approval for the system, as specified in the notice. 3.  If the drinking water system to which the notice relates requires operational plans under this Act, i.  prepare operational plans for the system as specified in the notice, if no plans exist, or ii.  revise the operational plans for the system, as specified in the notice. 4.  If the notice is issued in respect of a failure or refusal to comply with an order issued under section 111, decommission or replace all or part of the drinking water system, as specified in the notice. 5.  Repair, maintain and operate a drinking water system in such manner and with such equipment as the Director specifies in the notice. 6.  Sample, test, monitor and report with respect to the quality or quantity of any waters. 7.  Provide the users of the system with an alternative supply of drinking water. 8.  Assess and report on the condition of any specified part of the drinking water system.  2002, c. 32, s. 113 (5). Revocation, amendment, etc. (6) The Director may, by further written notice, (a)  revoke a notice issued under subsection (1); or (b)  amend the notice to add or remove any direction described in subsection (5).  2002, c. 32, s. 113 (6). Requirement to comply with direction (7) The interim operating authority shall comply with any direction given by the notice under subsection (1), as amended under subsection (6).  2002, c. 32, s. 113 (7). Termination of agreement (8) If the agreement referred to in subsection (2) is terminated by the Director or the interim operating authority, (a)  the appointment of the person or entity as the interim operating authority shall be deemed to be revoked; (b)  the Director may enter into an agreement with another person or body under subsection (2) to serve as an interim operating authority; and (c)  the Director shall, under subsection (1), issue a notice of appointment of the new interim operating authority, if the Director enters into an agreement referred to in clause (b).  2002, c. 32, s. 113 (8). To whom the notice is given (9) The Director shall give a notice issued under this section to, (a)  the interim operating authority appointed in the notice; (b)  the owner of the drinking water system to which the notice relates; (c)  the medical officer of health; and (d)  the local municipality in which the system that is the subject of the notice is located.  2002, c. 32, s. 113 (9). Requirement to notify users of abandoned system (10) If a notice is issued under subsection (1) in respect of an abandoned drinking water system, the Director may, by the notice, direct the interim operating authority to notify the users of the system in a form and manner specified in the direction.  2002, c. 32, s. 113 (10). Transfer of system to interim operating authority (11) The owner of the drinking water system to which a notice under subsection (1) relates and all of the owner’s employees and agents, including any operating authority for the system, shall, if required by the notice, relinquish control and operation of the system to the interim operating authority by the date and in the manner specified in the notice.  2002, c. 32, s. 113 (11). Same (12) If a notice is issued under subsection (1) in respect of a drinking water system, (a)  the owner of the system and all persons in charge of or managing or controlling the system or a place or thing associated with the system shall permit the interim operating authority unimpeded access to the system, place or thing; (b)  no person shall hinder or obstruct any employee or agent of the interim operating authority in the performance of their duties and responsibilities as specified in the notice; and (c)  the owner or former operating authority of the system shall provide such assistance as the Director directs in the notice and provide the interim operating authority with access to all documents relevant to the operation of the system.  2002, c. 32, s. 113 (12). Agreement between owner and operating authority terminated (13) Upon the appointment under this section of an interim operating authority for a drinking water system, any agreement between the owner of the system and an operating authority that relates to the operation of the system shall be deemed to be terminated on the day the interim operating authority takes charge of the system.  2002, c. 32, s. 113 (13). No action shall be commenced (14) No action or proceeding shall be commenced against an interim operating authority or an employee or agent of the interim operating authority acting under the authority of a notice issued under subsection (1) for any thing the interim operating authority, employee or agent does or fails to do in respect of the drinking water system to which the notice relates or for anything related to or arising from the condition of the drinking water system immediately before the appointment of the interim operating authority, unless the action or proceeding arises from the failure by the interim operating authority, employee or agent to comply with a direction of the Director in the notice.  2002, c. 32, s. 113 (14). Who may be appointed (15) The Director shall appoint as an interim operating authority under this section only, (a)  the Agency; or (b)  a person or entity that is an accredited operating authority.  2002, c. 32, s. 113 (15). Not an agent of the Crown (16) Despite the Crown Agency Act, no interim operating authority is or shall hold itself out as an agent of Her Majesty for any purpose.  2002, c. 32, s. 113 (16). Crown not liable (17) No action or other proceeding shall be instituted against the Crown, the Minister or any employee in the Ministry, (a)  for any act done by an interim operating authority in the execution or intended execution of a power or duty under this Act or for an alleged neglect or default in the execution of such a power or duty; or (b)  for any tort committed by the interim operating authority or an employee or agent of it in relation to a power or duty under this Act.  2002, c. 32, s. 113 (17); 2006, c. 35, Sched. C, s. 119 (5). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 119 (5) - 20/08/2007