114 (1) After complying with the requirements in subsection (2), the Director may issue a written order, in one or more of the following circumstances, requiring a municipality to provide service from a municipal drinking water system to residents in a major residential development in the municipality or to oversee the establishment or alteration of one or more non-municipal drinking water systems to serve those residents: 1.  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 or privately-owned municipal drinking water system that serves the major residential development and the Director is of the opinion that the continuing use of the system will result in a drinking water health hazard. 2.  There is a deficiency in an abandoned regulated non-municipal drinking water system that serves the major residential development and the Director is of the opinion that the continuing operation of the system will result in a drinking water health hazard. 3.  The municipality granted a consent for a non-municipal drinking water system under section 53 in respect of the major residential development and there continues to be a deficiency in the system because, i.  the system is abandoned, or ii.  the owner of the system has failed or refused to comply with an order that relates to the deficiency. 4.  The Director is of the opinion that the major residential development requires servicing by a municipal drinking water system in order to protect residents from a drinking water health hazard.  2002, c. 32, s. 114 (1). Requirements for issuing order (2) The Director shall not issue an order under subsection (1) until the Director has done the following: 1.  The Director shall consult with the medical officer of health. 2.  The Director shall give notice to the municipality of his or her intention to issue an order under subsection (1) and give written reasons in the notice for the proposed order. 3.  The Director shall provide the municipality with the opportunity to respond to the notice in accordance with subsection (10).  2002, c. 32, s. 114 (2). Direction to operate system in certain circumstances (3) If the medical officer of health advises the Director in accordance with section 116 that a drinking water system that is the subject of the notice can continue to be used to supply water for a domestic purpose other than human consumption or food preparation, the Director may, by the notice under subsection (2), direct the municipality to take charge of the system and do one or more of the following things: 1.  Operate, maintain and repair the drinking water system in such manner and with such equipment as the Director specifies in the direction included in the notice under subsection (2). 2.  Provide the users of the system with notice of the Director’s direction to the municipality in the manner specified in the notice under subsection (2). 3.  Sample, test, monitor and report with respect to the quality or quantity of any waters.  2002, c. 32, s. 114 (3). Requirement to comply with direction (4) A municipality to which a direction is given by a notice under subsection (2) in respect of a drinking water system shall comply with the direction and such further written directions as the Director may give to the municipality from time to time by an amendment to the notice.  2002, c. 32, s. 114 (4). Municipality not liable (5) No action or proceeding shall be commenced against a municipality or an employee or agent of a municipality acting under the authority of a notice issued under  subsection (2) for any thing the municipality or the employee or agent does or fails to do in respect of a 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 municipality took charge of it, unless the action or proceeding arises from the failure by the municipality or the employee or agent to comply with a direction specified by the Director in the notice.  2002, c. 32, s. 114 (5). Transfer of system to municipality (6) The owner of the drinking water system to which a direction under this section relates and all of the owner’s employees and agents, including any operating authority for the system, shall, if required by the direction, relinquish control and operation of the system to the municipality by the date and in the manner specified in the direction.  2002, c. 32, s. 114 (6). Same (7) If a notice is issued under this section directing a municipality to take charge of a drinking water system, (a)  the owner of the system and all persons in charge of, managing or controlling the system or a place or thing associated with the system shall permit the municipality’s employees and agents unimpeded access to the system, place or thing; (b)  no person shall hinder or obstruct any employee or agent of the municipality in the performance of their duties and responsibilities as specified in the notice; (c)  the owner or former operating authority of the system shall provide such assistance as the Director directs in the notice and provide the municipality with access to all documents relevant to the operation of a drinking water system; (d)  the municipality shall continue to operate and maintain the system in accordance with the directions until, (i)  the Director revokes the order issued under subsection (1) or advises the municipality that the Director no longer intends to issue the order, or (ii)  the municipality has fully complied with the order; and (e)  the municipality may make any by-law under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, imposing fees and charges it considers necessary to recover from the users of the system all costs it incurs in operating, maintaining or repairing the system in accordance with the directions issued by the Director.  2002, c. 32, s. 114 (7); 2006, c. 32, Sched. C, s. 58 (2). To whom notice given (8) A notice under subsection (2) shall be given to, (a)  the medical officer of health; and (b)  the owner of the drinking water system to which the notice relates.  2002, c. 32, s. 114 (8). Compliance methods (9) A municipality must do one or more of the following to comply with an order issued under subsection (1): 1.  If the order is issued under a circumstance mentioned in paragraph 1, 2 or 3 of subsection (1), assume responsibility for the regulated non-municipal drinking water system or privately-owned municipal drinking water system, as the case may be, and take all steps necessary to bring it into compliance with all requirements under this Act that relate to municipal drinking water systems. 2.  Extend an existing municipal drinking water system to serve residents of the major residential development. 3.  Establish a new municipal drinking water system to serve residents of the major residential development. 4.  Enter into an arrangement with another municipality to serve residents of the major residential development from a municipal drinking water system owned by the other municipality. 5.  Oversee the establishment or alteration of one or more non-municipal drinking water systems to serve residents of the major residential development.  2002, c. 32, s. 114 (9). Municipality’s response (10) On or before the 15th day after receiving a notice under subsection (2) or the day specified in the notice, whichever day is later, a municipality shall provide a written response to the Director and medical officer of health, (a)  indicating which action described in subsection (9) the municipality proposes to take to comply with an order under subsection (1); or (b)  proposing terms of reference for a study to be completed by the municipality that evaluates the advantages and disadvantages of each action described in subsection (9), having regard to the purposes of this Act.  2002, c. 32, s. 114 (10). Same (11) If a municipality proposes terms of reference under clause (10) (b), (a)  the Director may amend the terms of reference; and (b)  the municipality shall prepare a study in accordance with the final terms of reference and submit it to the Director and the medical officer of health for their consideration.  2002, c. 32, s. 114 (11). Review of response (12) After reviewing the municipality’s response under subsection (10) and any study prepared under subsection (11), the Director may issue an order under subsection (1) requiring the municipality to, (a)  implement the action proposed by the municipality in such manner and subject to such conditions as may be specified by the Director in the order; or (b)  implement another action described in subsection (9) in such manner and subject to such conditions as the Director specifies in the order, if the Director is of the opinion that the action proposed by the municipality does not satisfy the purposes of this Act.  2002, c. 32, s. 114 (12). Deemed municipal drinking water system (13) If, to comply with an order under subsection (1), a municipality assumes responsibility for a regulated non-municipal drinking water-system under paragraph 1 of subsection (9), the system shall be deemed to be a municipal drinking water system for the purposes of this Act.  2002, c. 32, s. 114 (13). Obligation to comply (14) Every municipality shall forthwith do every act and thing in its power to comply with an order issued to it under subsection (1) and, despite section 24 of the Planning Act, (a)  the order prevails over the provisions of the municipality’s official plan and the by-laws passed by the municipality; and (b)  in the case of a lower-tier municipality, the order prevails over the provisions of the upper-tier municipality’s official plan and the by-laws passed by the upper-tier municipality.  2002, c. 32, s. 114 (14). Implementation by Director (15) If a municipality fails to do everything in its power to comply with an order under this section and the time for appealing from the order has passed or there has been a final disposition of an appeal confirming or amending the order, the Director, with the approval of the Ontario Land Tribunal, may direct that all action necessary to comply with the order be done at the expense of the municipality and may arrange for the Agency to do it.  2002, c. 32, s. 114 (15); 2021, c. 4, Sched. 6, s. 88 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. C, s. 58 (2) - 01/01/2007 2021, c. 4, Sched. 6, s. 88 (2) - 01/06/2021