110 (1) If one or more of the following circumstances exist in respect of a municipal drinking water system or a regulated non-municipal drinking water system, the Director may issue a notice of emergency response to the persons listed in subsection (3) and, in the notice, direct the Agency or such other person as the Director considers appropriate to do one or more of the things mentioned in subsection (2): 1.  An order has been issued under section 108 or 109 to an owner or operating authority to immediately cease or restrict the operation of the system and the owner or operating authority, as the case may be, fails or refuses to comply with the order or the Director has reason to believe that the owner or operating authority is unlikely to comply with the order. 2.  The Minister has issued an order under section 108 in respect of an imminent drinking water health hazard and has directed the Director to make an arrangement under this section with the Agency or the person specified by the Minister in the directive to eliminate or ameliorate the circumstances giving rise to the order. 3.  The Director is of the opinion that unless an emergency response notice is issued under this section, a drinking water health hazard will result in respect of the system.  2002, c. 32, s. 110 (1). Direction (2) In a notice of emergency response issued under subsection (1), the Director may direct the Agency or person to do one or more of the following in accordance with the directions specified in the notice: 1.  Cease or restrict the operation of the system. 2.  Operate, maintain and repair the system in such manner and with such equipment as the Director specifies in the direction. 3.  Provide the users of the system with an alternative supply of drinking water. 4.  Assess and report on the condition of any specified part of the system. 5.  Sample, test, monitor and report with respect to the quality or quantity of any waters.  2002, c. 32, s. 110 (2). Notice (3) The Director shall give a copy of a notice of emergency response issued under subsection (1) to the following persons: 1.  The owner of the system or, if an operating authority is in charge of the system, the operating authority. 2.  The Agency or person to whom a direction is given in the notice. 3.  The Chief Medical Officer of Health and the medical officer of health. 4.  The local municipality in which the system that is the subject of the notice is located. 5.  The Minister.  2002, c. 32, s. 110 (3). Notice in respect of abandoned system (4) If the Director issues a notice of emergency response under subsection (1) in respect of an abandoned drinking water system, the Director may, in the notice, direct the Agency or person, as the case may be, to notify the users of the system in the form and manner specified by the Director in the notice of, (a)  the circumstances giving rise to the drinking water health hazard; and (b)  a summary of the contents of the notice issued under subsection (1).  2002, c. 32, s. 110 (4). Transfer of control of the system (5) The owner of a drinking water system to which a notice of emergency response relates and all of the owner’s employees and agents, including any operating authority for the system, shall, if the notice requires, relinquish control and operation of the system to the Agency or the person named in the notice.  2002, c. 32, s. 110 (5). Same (6) If a notice of emergency response is issued under subsection (1) in respect 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  Agency or the person named in the notice, as the case may be, unimpeded access to the system, place or thing; (b)   no person shall hinder or obstruct any employee or agent of the Agency or person in the performance of their duties and responsibilities as specified in the notice; and (c)  the owner and any operating authority of the system shall provide such assistance as the Director directs in the notice and provide the Agency or person named in the notice with access to all documents relevant to the operation of the system.  2002, c. 32, s. 110 (6). No action shall be commenced (7) No action or proceeding shall be commenced against the Agency or a person acting under the authority of a notice of emergency response issued under subsection (1), or against an employee or agent of either of them, for any thing the Agency, person, 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 notice of emergency response was issued, unless the action or proceeding arises from the failure of the Agency, person, employee or agent to comply with a direction of the Director in the notice.  2002, c. 32, s. 110 (7). Revocation of notice of emergency response (8) The Director may revoke a notice of emergency response if the Director is of the opinion that the circumstances giving rise to the issue of the notice have been eliminated or ameliorated.  2002, c. 32, s. 110 (8). Time limit (9) An arrangement made under a notice of emergency response shall not exceed 90 days and may only be extended with the approval of, (a)  the Chief Medical Officer of Health; or (b)  the Minister.  2002, c. 32, s. 110 (9). Requirement to comply (10) The Agency or the person acting under the authority of a notice of emergency response shall comply with any direction the Director may specify in the notice and any further written directions the Director may give to the Agency or person from time to time by an amendment to the notice.  2002, c. 32, s. 110 (10). Not an agent of the Crown (11) Despite the Crown Agency Act, no person acting under the authority of a notice of emergency response is or shall hold himself or herself out as an agent of Her Majesty for any purpose.  2002, c. 32, s. 110 (11). Crown not liable (12) 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 a person acting under the authority of a notice of emergency response 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 person referred to in clause (a) or by his or her employee or agent in relation to a power or duty under this Act.  2002, c. 32, s. 110 (12); 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 Order to decommission