jswizzle3737/ontario_laws_and_regs huggingface dataset:
Classification of Municipal Residential Systems
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Subsystems and classes of municipal residential systems
 2. (1) For the purposes of this Regulation, municipal residential systems are divided into the following types of subsystems: 1.  Distribution. 2.  Distribution and supply. 3.  Water Treatment.  O. Reg. 128/04, s. 2 (1). (2) Each type of subsystem is divided into Class I, Class II, Class III and Class IV subsystems.  O. Reg. 128/04, s. 2 (2).
Certificate of classification
 3. (1) The owner of a municipal residential subsystem shall file an application with the Director for the determination of the type and class of the subsystem.  O. Reg. 128/04, s. 3 (1). (2) The Director shall determine the type and class of the subsystem in accordance with the Tables set out in Schedules 1 to 1.3 and shall issue to the owner a certificate of classification for the subsystem, if the required fee is paid.  O. Reg. 128/04, s. 3 (2); O. Reg. 461/16, s. 1 (1). (3) If a subsystem is to be replaced or altered, the owner of the subsystem shall apply for a redetermination of the type and class of the subsystem when approval of the alteration is applied for under subsection 32 (1) or (2) of the Act.  O. Reg. 128/04, s. 3 (3). (4) The Director may require the owner of a subsystem that has been typed and classified under this section to apply for redetermination of its type and class if, (a)  section 2 or Schedule 1, Schedule 1.1, Schedule 1.2 or Schedule 1.3 is amended; or (b)  the Director is of the opinion that the subsystem or any type of subsystem no longer meets the criteria under which it has been typed and classified.  O. Reg. 128/04, s. 3 (4); O. Reg. 461/16, s. 1 (2). (5) The owner or operating authority of a subsystem shall ensure that the certificate of classification of the subsystem is conspicuously displayed at the operator’s workplace or at the premises from which the subsystem is managed.  O. Reg. 128/04, s. 3 (5). 4. Revoked: O. Reg. 461/16, s. 2. Types of Limited Systems
Types of Limited Systems
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Subsystems of limited systems
 5. For the purposes of this Regulation, limited systems are divided into the following types of drinking water subsystems: 1.  Limited groundwater subsystems. 2.  Limited surface water subsystems.  O. Reg. 128/04, s. 5. Certification of Operators
Certification of Operators
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Classes of operators’ certificates
 6. (1) For each type of municipal residential subsystem, there are four classes of operators’ certificates, designated as Class I, Class II, Class III and Class IV.  O. Reg. 128/04, s. 6 (1). (2) There is also a class of operators’ certificates for limited groundwater subsystems and for limited surface-water subsystems.  O. Reg. 128/04, s. 6 (2). (3) There is also a class of operators’ certificates for operators-in-training for each type of municipal residential subsystem.  O. Reg. 128/04, s. 6 (3).
Municipal residential operators’ certificates — Classes I, II, III and IV
 7. (1) An individual may apply to the Director for the issuance of an operator’s certificate described in subsection 6 (1).  O. Reg. 128/04, s. 7 (1). (2) Subject to the requirements in this section, the Director shall issue the certificate if the applicant meets the qualifications set out in Schedule 2 for that type and class of certificate and the required fee is paid.  O. Reg. 128/04, s. 7 (2). (3) The Director may refuse to issue a certificate if, (a)  any of the circumstances described in subsection 13 (1) apply; (b)  the applicant is the holder of any water operator’s licence or certificate that has been revoked or suspended or is the holder of any other certificate that is suspended or that the Director is authorized under subsection 13 (1) or section 19 to revoke or suspend; or (c)  the applicant is the holder of a wastewater operator’s licence issued under Ontario Regulation 129/04 that is suspended or the Director is authorized to revoke or suspend.  O. Reg. 128/04, s. 7 (3). (4) An operator’s certificate expires three years after it is issued or, as provided in subsection (7), on an earlier date specified on the certificate but an individual may apply to the Director before it expires to have the certificate renewed.  O. Reg. 128/04, s. 7 (4). (5) Subject to the requirements in this section, the Director shall renew a certificate if the applicant meets the qualifications set out in section 2 of Schedule 4 for that type and class of certificate and the required fee is paid.  O. Reg. 128/04, s. 7 (5). (6) Despite subsection (5), the Director may renew a certificate even if the applicant failed to complete the training requirements set out in section 29, if the Director is satisfied that the applicant will do so before the expiry of the renewed certificate.  O. Reg. 128/04, s. 7 (6). (7) A certificate renewed under subsection (6) expires on the date set out on the certificate, which may be any date that is less than six months after it is renewed.  O. Reg. 128/04, s. 7 (7). (8) The Director may refuse to renew a certificate if, (a)  any of the circumstances described in subsection 13 (1) apply; (b)  the applicant is the holder of any other certificate that has been revoked or suspended or that the Director is authorized under subsection 13 (1) or section 19 to revoke or suspend; (c)  the certificate to be renewed was revoked or suspended under subsection 13 (1); or (d)  the applicant is the holder of a wastewater operator’s licence issued under Ontario Regulation 129/04 that was revoked or is suspended or that the Director is authorized to revoke or suspend.  O. Reg. 128/04, s. 7 (8). (9)-(13) Revoked: O. Reg. 461/16, s. 3.
Municipal residential operator’s certificate, out-of-province applicant
 7.1 (1) A person who holds an authorizing certificate issued by an out-of-province regulatory authority in respect of an occupation may apply to the Director for the issuance of an operator’s certificate described in subsection 6 (1) in respect of the same occupation.  O. Reg. 466/10, s. 2. (2) Subject to subsections (3) and (4), the Director shall issue an operator’s certificate described in subsection 6 (1) to the applicant if, (a)  the applicant pays the required fee; (b)  the applicant provides the Director with a copy of the applicant’s authorizing certificate; (c)  the operator’s certificate is, in the opinion of the Director, in respect of the same occupation as the applicant’s authorizing certificate; (d)  the applicant provides the Director with confirmation in writing from the out-of-province regulatory authority that the applicant’s authorizing certificate is in good standing; and (e)  the applicant provides the Director with evidence satisfactory to the Director that the applicant has practised the regulated occupation within the three-year period preceding the day on which the applicant submits his or her application under subsection (1).  O. Reg. 466/10, s. 2. (3) An applicant who applies for a Class I operator’s certificate shall be issued the certificate under subsection (2) only if the applicant meets the requirements of paragraph 3 of section 4 of Schedule 2.  O. Reg. 466/10, s. 2; O. Reg. 461/16, s. 4 (1). (4) The Director may refuse to issue a certificate if the out-of-province regulatory authority has revoked or suspended or circumstances exist that authorize the authority to revoke or suspend an authorizing certificate or a restricted certificate that was issued to the applicant in respect of one or more of the following occupations: 1.  Wastewater operator. 2.  Water operator. 3.  Water quality analyst.  O. Reg. 466/10, s. 2. (5) Subsections 7 (4) to (8) apply to an operator’s certificate issued by the Director under this section.  O. Reg. 466/10, s. 2; O. Reg. 461/16, s. 4 (2).
Limited subsystem operators’ certificates
 8. (1) An individual may apply to the Director for the issuance of an operator’s certificate described in subsection 6 (2).  O. Reg. 128/04, s. 8 (1). (2) Subject to the requirements in this section, the Director shall issue the certificate if the applicant meets the qualifications set out in Schedule 2 for that type and class of certificate and the required fee is paid.  O. Reg. 128/04, s. 8 (2). (3) Revoked: O. Reg. 461/16, s. 5. (4) The Director may refuse to issue a certificate if, (a)  any of the circumstances described in subsection 13 (1) apply; (b)  the applicant is the holder of any water operator’s licence or certificate that has been revoked or suspended or is the holder of any other certificate that is suspended or that the Director is authorized under subsection 13 (1) or section 19 to revoke or suspend; or (c)  the applicant is the holder of a wastewater operator’s licence issued under Ontario Regulation 129/04 that is suspended or the Director is authorized to revoke or suspend.  O. Reg. 128/04, s. 8 (4). (5) A limited subsystem operator’s certificate expires three years after it is issued or, as provided in subsection (7), on an earlier date specified on the certificate, but may be renewed before it expires if the requirements in section 2 of Schedule 4 are met and the applicant pays the required fee.  O. Reg. 128/04, s. 8 (5). (6) Despite subsection (5), the Director may renew a certificate even if the applicant failed to complete the training requirements set out in section 29, if the Director is satisfied that the applicant will do so before the expiry of the renewed certificate.  O. Reg. 128/04, s. 8 (6). (7) A certificate renewed under subsection (6) expires on the date set out on the certificate, which may be any date that is less than six months after it is renewed.  O. Reg. 128/04, s. 8 (7). (8) The Director may refuse to renew a certificate if, (a)  any of the circumstances described in subsection 13 (1) apply; (b)  the applicant is the holder of any other certificate that has been revoked or suspended or that the Director is authorized under subsection 13 (1) or section 19 to revoke or suspend; (c)  the certificate to be renewed was revoked or suspended under subsection 13 (1); or (d)  the applicant is the holder of a wastewater operator’s licence issued under Ontario Regulation 129/04 that was revoked or is suspended or that the Director is authorized to revoke or suspend.  O. Reg. 128/04, s. 8 (8).
Limited subsystem operator’s certificate, out-of-province applicant
 8.1 (1) A person who holds an authorizing certificate issued by an out-of-province regulatory authority in respect of an occupation may apply to the Director for the issuance of an operator’s certificate described in subsection 6 (2) in respect of the same occupation.  O. Reg. 466/10, s. 2. (2) Subject to subsection (3), the Director shall issue an operator’s certificate described in subsection 6 (2) to the applicant if, (a)  the applicant pays the required fee; (b)  the applicant provides the Director with a copy of the applicant’s authorizing certificate; (c)  the operator’s certificate is, in the opinion of the Director, in respect of the same occupation as the applicant’s authorizing certificate; (d)  the applicant provides the Director with confirmation in writing from the out-of-province regulatory authority that the applicant’s authorizing certificate is in good standing; and (e)  the applicant provides the Director with evidence satisfactory to the Director that he or she has practised the regulated occupation within the five-year period preceding the day on which the applicant submits his or her application under subsection (1).  O. Reg. 466/10, s. 2. (3) The Director may refuse to issue a certificate if the out-of-province regulatory authority has revoked or suspended or circumstances exist that authorize the authority to revoke or suspend an authorizing certificate or a restricted certificate that was issued to the applicant in respect of one or more of the following occupations: 1.  Wastewater operator. 2.  Water operator. 3.  Water quality analyst.  O. Reg. 466/10, s. 2. (4) Subsections 8 (5) to (8) apply with necessary modifications to an operator’s certificate issued under this section.  O. Reg. 466/10, s. 2.
Operator-in-training’s certificates
 9. (1) An individual may apply to the Director for the issuance of an operator-in-training’s certificate.  O. Reg. 128/04, s. 9 (1). (2) Subject to the requirements in this section, the Director shall issue the certificate if the applicant meets the qualifications set out in subsection 1 (1) of Schedule 2 for that type of certificate and the required fee has been paid.  O. Reg. 128/04, s. 9 (2). (3) Revoked: O. Reg. 461/16, s. 6 (1). (4) The Director may refuse to issue a certificate if, (a)  any of the circumstances described in subsection 13 (1) apply; (b)  the applicant is the holder of any other certificate that has been revoked or suspended or that the Director is authorized under subsection 13 (1) or section 19 to revoke or suspend; or (c)  the applicant has previously held an operator-in-training’s certificate but the applicant has not met the requirements in paragraph 3 of section 4 of Schedule 2. O. Reg. 128/04, s. 9 (4); O. Reg. 461/16, s. 6 (2). (5) An operator-in-training’s certificate expires 36 months after it is issued. O. Reg. 461/16, s. 6 (3). (6)-(10) Revoked: O. Reg. 461/16, s. 6 (4). (11) If an operator-in-training has met the requirements of subsection 1 (1) of Schedule 2 and paragraph 3 of section 4 of that Schedule but has been unable to obtain at least one year of experience as an operator-in-training in a municipal residential subsystem before the certificate expires, the Director may renew the certificate of the operator-in-training for one three-year period.  O. Reg. 128/04, s. 9 (11); O. Reg. 461/16, s. 6 (5). (12)-(15) Revoked: O. Reg. 461/16, s. 6 (6). (16) Except as provided in subsection (11), an operator-in-training’s certificate issued under this Regulation shall not be renewed.  O. Reg. 128/04, s. 9 (16); O. Reg. 461/16, s. 6 (7).
Reissuance of certificate after expiry
 11. (1) Despite subsections 7 (4) and 8 (5), if a person fails to apply for renewal of an operator’s certificate described in subsection 6 (1) or (2) before the certificate has expired, the person may apply for the reissuance of the certificate and the Director shall reissue the certificate if the person meets the following requirements: 1.  If the person’s certificate expired more than one year before the application for reissuance, the person must, i.  meet the qualifications set out in Schedule 2 for that type and class of certificate, except the Director may waive the requirement that the applicant have a class and type of operator’s certificate that is one below the class and type for which the applicant is applying if the Director is satisfied that the applicant previously held a valid certificate of the required type and class, ii.  complete the approved mandatory training course referred to in subsection 29 (6), and iii.  pay the required fees. 2.  If the person’s certificate expired one year or less before the application for reissuance, the person must, i.  have completed the training requirements set out in section 29 since the certificate was last issued or renewed, ii.  have at least three months experience in the previous 36 months working as an operator in a subsystem or having duties which the Director considers related to the duties of an operator in a subsystem, and iii.  pay the required fees.  O. Reg. 128/04, s. 11 (1). (2) Subparagraph 1 ii of subsection (1) applies despite paragraph 2 of subsection 29 (3).  O. Reg. 128/04, s. 11 (2).
Transferability of certificates
 12. (1) A person who holds a Class I, Class II, Class III or Class IV water treatment subsystem operator’s certificate is deemed to also hold a Class I distribution subsystem operator’s certificate and a Class I distribution and supply subsystem operator’s certificate.  O. Reg. 128/04, s. 12 (1). (2) A person who holds a Class I, Class II, Class III or Class IV distribution and supply subsystem operator’s certificate is deemed to also hold a distribution subsystem operator’s certificate of the same class.  O. Reg. 128/04, s. 12 (2). (3) A person who holds a Class I, Class II, Class III or Class IV water treatment subsystem operator’s certificate is deemed to also hold a limited groundwater subsystem operator’s certificate and a limited surface water subsystem operator’s certificate.  O. Reg. 128/04, s. 12 (3). (4) A person who holds a limited surface water subsystem operator’s certificate is deemed to also hold a limited groundwater subsystem operator’s certificate.  O. Reg. 128/04, s. 12 (4). (5) A person who holds a Class I, Class II, Class III or Class IV distribution and supply subsystem operator’s certificate is deemed to also hold a limited groundwater subsystem operator’s certificate.  O. Reg. 128/04, s. 12 (5).
Operator-in-training, specified operations
 12.1 (1) Despite section 22, a person who holds a water treatment subsystem operator-in-training’s certificate may operate a limited surface water subsystem or a limited groundwater subsystem but only if the subsystem has an overall responsible operator who holds or is deemed to hold a limited surface water subsystem operator’s certificate or a limited groundwater subsystem operator’s certificate, as applicable. O. Reg. 461/16, s. 8. (2) Despite section 22, a person who holds a water distribution and supply subsystem operator-in-training’s certificate may operate a limited groundwater subsystem but only if the limited groundwater subsystem has an overall responsible operator who holds or is deemed to hold a limited groundwater subsystem operator’s certificate. O. Reg. 461/16, s. 8.
Revocation or suspension of certificate
 13. (1) The Director may revoke or suspend an operator’s certificate, an operator-in-training’s certificate or a conditional operator’s certificate, if one or more of the following circumstances exist: 1.  The application was fraudulent or contained inaccurate information. 2.  The person has been discharged from employment in a drinking water system for gross negligence or for incompetence in the performance of his or her duties, unless the person has not yet exhausted the rights of appeal available under a collective agreement. 3.  The person has worked as an operator for any length of time without being certified for the type or class of operator he or she worked as, or has held himself or herself out to an owner, operating authority, the Director or any Ministry employee as holding a type or class of operator’s certificate that he or she does not hold. 4.  The person has previously had an operator’s certificate or a water quality analyst’s certificate or an operator’s licence or a wastewater operator’s licence issued under Ontario Regulation 435/93 under the Ontario Water Resources Act or a wastewater operator’s licence issued under Ontario Regulation 129/04 revoked or suspended for any reason and the Director has reasonable grounds to believe that the person is not competent to be an operator. 5.  The person has contravened section 26 or 27 and the contravention, i.  resulted in the discharge of a pollutant into the natural environment, ii.  had an adverse effect on the health or safety of an individual, or iii.  had an adverse effect on a process in the subsystem or the system of which the subsystem is a part. 6.  The person has failed, i.  to exercise the level of care, diligence and skill in respect of a drinking water system that a reasonably prudent operator would be expected to exercise in a similar situation, or ii.  to act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of a drinking water system. 7.  The person has failed to meet or has contravened any condition that is set out in his or her certificate.  O. Reg. 128/04, s. 13 (1); O. Reg. 323/08, s. 4. (2) When a person’s certificate is revoked or suspended, the Director may issue a certificate of another type and class to the person if the person meets the qualifications set out in Schedule 2 for that type and class of certificate.  O. Reg. 128/04, s. 13 (2).
Replacement certificates
 14. (1) The Director shall issue a replacement operator’s certificate, operator-in-training’s certificate or a conditional operator’s certificate, if the required fee is paid and, (a)  the operator indicates that his or her certificate has been lost or destroyed; or (b)  the operator indicates that his or her name has changed and returns the original certificate to the Director.  O. Reg. 128/04, s. 14 (1). (2) The Director may refuse to issue a replacement certificate if the operator is the holder of a certificate that is revoked or suspended or that the Director is authorized under subsection 13 (1) or section 19 to revoke or suspend.  O. Reg. 128/04, s. 14 (2).
Certificate to be displayed
 15. The owner or operating authority of a subsystem shall ensure that a copy of the certificate of every certified operator who is employed in the subsystem is conspicuously displayed at the operator’s workplace or at the premises from which the subsystem is managed.  O. Reg. 128/04, s. 15. Certification of Water Quality Analysts
Certification of Water Quality Analysts
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Water quality analyst’s certificates
 16. (1) An individual may apply to the Director for the issuance of a water quality analyst’s certificate.  O. Reg. 128/04, s. 16 (1). (2) Subject to the requirements in this section, the Director shall issue the certificate if the applicant meets the qualifications set out in Schedule 3 and the required fee has been paid.  O. Reg. 128/04, s. 16 (2). (3) The Director may refuse to issue a certificate if, (a)  any of the circumstances described in section 19 apply; (b)  the applicant is the holder of any other certificate that has been revoked or suspended or that the Director is authorized under subsection 13 (1) or section 19 to revoke or suspend; or (c)  the applicant is the holder of a wastewater operator’s licence issued under Ontario Regulation 129/04 that is suspended or the Director is authorized to revoke or suspend.  O. Reg. 128/04, s. 16 (3). (4) A water quality analyst’s certificate expires three years after it is issued or, as provided in subsection (7), on an earlier date specified on the certificate but an individual may apply to the Director before it expires to have the certificate renewed.  O. Reg. 128/04, s. 16 (4). (5) Subject to the requirements in this section, the Director shall renew a certificate if the applicant meets the qualifications set out in section 4 of Schedule 4 and the required fee is paid.  O. Reg. 128/04, s. 16 (5). (6) Despite subsection (4), the Director may renew a certificate even if the applicant failed to complete the training requirements set out in section 31, if the Director is satisfied that the applicant will do so before the expiry of the renewed certificate.  O. Reg. 128/04, s. 16 (6). (7) A certificate renewed under subsection (6) expires on the date set out on the certificate, which may be any date that is less than six months after it is renewed.  O. Reg. 128/04, s. 16 (7); O. Reg. 461/16, s. 9 (1). (8) The Director may refuse to renew a certificate if, (a)  any of the circumstances described in section 19 apply; (b)  the applicant is the holder of a certificate that is revoked or suspended or that the Director is authorized under subsection 13 (1) to revoke or suspend; (c)  the applicant is the holder of a wastewater operator’s licence issued under Ontario Regulation 129/04 that is suspended or the Director is authorized to revoke or suspend; or (d)  the certificate to be renewed is revoked or suspended under section 19.  O. Reg. 128/04, s. 16 (8). (9) Revoked: O. Reg. 461/16, s. 9 (2).
Water quality analyst’s certificate, out-of-province applicant
 16.1 (1) A person who holds an authorizing certificate issued by an out-of-province regulatory authority in respect of an occupation may apply to the Director for the issuance of a water quality analyst’s certificate.  O. Reg. 466/10, s. 2. (2) Subject to subsection (3), the Director shall issue the water quality analyst’s certificate to the applicant if, (a)  the applicant pays the required fee; (b)  the applicant provides the Director with a copy of the applicant’s authorizing certificate; (c)  the water quality analyst’s certificate is, in the opinion of the Director, in respect of the same occupation as the applicant’s authorizing certificate; (d)  the applicant provides the Director with confirmation in writing from the out-of-province regulatory authority that the applicant’s authorizing certificate is in good standing; and (e)  the applicant provides the Director with evidence satisfactory to the Director that he or she has practised the regulated occupation within the five-year period preceding the day on which the applicant submits his or her application under subsection (1).  O. Reg. 466/10, s. 2. (3) The Director may refuse to issue a certificate if the out-of-province regulatory authority has revoked or suspended or circumstances exist that authorize the authority to revoke or suspend an authorizing certificate or a restricted certificate that was issued to the applicant for one or more of the following occupations: 1.  Wastewater operator. 2.  Water operator. 3.  Water quality analyst.  O. Reg. 466/10, s. 2. (4) Subsections 16 (4) to (8) apply to a water quality analyst’s certificate issued under this section.  O. Reg. 466/10, s. 2; O. Reg. 461/16, s. 10.
Conditional water quality analyst’s certificates
 17. (1) An individual may apply to the Director for the issuance of a conditional water quality analyst’s certificate.  O. Reg. 128/04, s. 17 (1). (2) The Director may issue the conditional certificate if, (a)  the owner or operating authority of the subsystem that employs or has offered to employ the individual who has applied under subsection (1) satisfies the Director that the owner or operating authority cannot readily obtain the services of a certified water quality analyst; (b)  the owner or operating authority referred to in clause (a) gives the applicant and the Director an undertaking in writing to co-operate in facilitating the applicant’s compliance with any conditions imposed under subsection (3); and (c)  the required fee is paid.  O. Reg. 128/04, s. 17 (2). (3) The Director may issue a conditional certificate subject to conditions.  O. Reg. 128/04, s. 17 (3). (4) A conditional certificate is valid in respect of the subsystem referred to in clause (2) (a) and in respect of no other subsystem.  O. Reg. 128/04, s. 17 (4). (5) The Director may refuse to issue a conditional certificate if, (a)  any of the circumstances described in section 19 apply; (b)  the applicant is the holder of any water operator’s licence or certificate that has been revoked or suspended or is the holder of any other certificate that is suspended or that the Director is authorized under subsection 13 (1) or section 19 to revoke or suspend; or (c)  the applicant is the holder of a wastewater operator’s licence issued under Ontario Regulation 129/04 that is suspended or the Director is authorized to revoke or suspend.  O. Reg. 128/04, s. 17 (5). (6) A conditional certificate expires three years after it is issued or on such earlier date as may be specified on the certificate, but may be renewed before it expires in accordance with section 5 of Schedule 4 if the applicant pays the required fee.  O. Reg. 128/04, s. 17 (6). (7) The Director may refuse to renew a conditional certificate if, (a)  any of the circumstances described in section 19 apply; (b)  the applicant is the holder of any other certificate that has been revoked or suspended or that the Director is authorized under subsection 13 (1) to revoke or suspend; (c)  the certificate to be renewed is revoked or suspended under section 19; or (d)  the applicant is the holder of a wastewater operator’s licence issued under Ontario Regulation 129/04 that was revoked or is suspended or that the Director is authorized to revoke or suspend.  O. Reg. 128/04, s. 17 (7).
Reissuance of certificate after expiry
 18. Despite subsection 16 (4), if a person fails to apply for renewal of a water quality analyst’s certificate before the certificate has expired, the person may apply for the reissuance of the certificate and the Director shall reissue the certificate if the person meets the following requirements: 1.  If the person’s certificate expired more than one year before the application for reissuance, the person must, i.  meet the qualifications set out in Schedule 3, ii.  complete the approved mandatory training course referred to in subsection 31 (6), and iii.  pay the required fees. 2.  If the person’s certificate expired one year or less before the application for reissuance, the person must, i.  have completed the training requirements set out in section 31 since the certificate was last issued or renewed, ii.  have at least three months experience in the previous 36 months working as an operator in a subsystem or having duties which the Director considers related to the duties of an operator in a subsystem, and iii.  pay the required fees.  O. Reg. 128/04, s. 18.
Revocation or suspension of certificate
 19. The Director may revoke or suspend a water quality analyst’s certificate if one or more of the following circumstances exist: 1.  The application was fraudulent or contained inaccurate information. 2.  The person has been discharged from employment in a subsystem for gross negligence or for incompetence in the performance of his or her duties, unless the person has not yet exhausted the rights of appeal available under a collective agreement. 3.  The person has worked as a water quality analyst for any length of time without being certified as such, or has held himself or herself out to an owner, operating authority, the Director or any Ministry employee as holding a water quality analyst’s certificate that he or she does not hold. 4.  The person has previously had a water quality analyst’s certificate revoked or suspended for any reason and the Director has reasonable grounds to believe that the person is not competent to carry out tests at a drinking water system for the parameters listed in subsection 2 (1) of Ontario Regulation 248/03 under the Act. 5.  The person has failed, i.  to exercise the level of care, diligence and skill in respect of a municipal residential system or limited system that a reasonably prudent water quality analyst would be expected to exercise in a similar situation, or ii.  to act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal residential system or limited system. 6.  The person has failed to meet or has contravened any condition that is set out in his or her certificate.  O. Reg. 128/04, s. 19.
Replacement certificates
 20. (1) The Director shall issue a replacement water quality analyst’s certificate to a water quality analyst if the required fee is paid and, (a)  the water quality analyst indicates that his or her certificate has been lost or destroyed; or (b)  the water quality analyst indicates that his or her name has changed and returns the original certificate to the Director.  O. Reg. 128/04, s. 20 (1). (2) The Director may refuse to issue a replacement certificate if the water quality analyst is the holder of a certificate that is revoked or suspended or that the Director is authorized under section 19 to revoke or suspend.  O. Reg. 128/04, s. 20 (2).
Certificate to be displayed
 21. The owner or operating authority of a subsystem shall ensure that a copy of the certificate of every certified water quality analyst who is employed in the subsystem is conspicuously displayed at the analyst’s workplace or at the premises from which the subsystem is managed.  O. Reg. 128/04, s. 21. Operating Standards for Municipal Residential Subsystems and Limited Subsystems
Operating Standards for Municipal Residential Subsystems and Limited Subsystems
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Owner or operating authority responsibility
 22. The owner or operating authority of a subsystem shall ensure that every operator employed in the subsystem holds, (a)  a certificate applicable to that type of subsystem; or (b)  a certificate applicable to that subsystem, in the case of an operator who holds a conditional certificate issued or renewed under section 10.  O. Reg. 128/04, s. 22.
Overall responsible operator
 23. (1) The owner or operating authority of a municipal residential subsystem shall designate as overall responsible operator of the subsystem an operator who holds a certificate for that type of subsystem and that is of the same class as or higher than the class of that subsystem.  (For example, the overall responsible operator of a Class III water treatment subsystem must be an operator who holds a Class III or Class IV water treatment subsystem operator’s certificate.)  O. Reg. 128/04, s. 23 (1). (2) The owner or operating authority of a limited subsystem shall designate as overall responsible operator of the subsystem an operator who holds a limited subsystem operator’s certificate for that type of subsystem.  O. Reg. 128/04, s. 23 (2). (3) Revoked: O. Reg. 819/21, s. 1 (1). (4) If the overall responsible operator designated under subsection (1) or (2) is absent or unable to act, the owner or operating authority or, if the owner or operating authority authorizes it, the overall responsible operator may designate an operator who holds a certificate that is applicable to that type of subsystem and, if applicable, that is not more than one class lower than the class of the subsystem to act in the place of the overall responsible operator.  (For example, if the overall responsible operator is absent or unable to act, responsibility for the overall operation of a Class IV distribution subsystem may be delegated to an operator who holds a Class III distribution subsystem operator’s certificate.)  O. Reg. 128/04, s. 23 (4). (5) Subsection (4) does not permit delegating an overall responsible operator’s duties, (a)  to an operator who holds an operator-in-training’s certificate; or (b)  Revoked: O. Reg. 819/21, s. 1 (2). O. Reg. 128/04, s. 23 (5); O. Reg. 819/21, s. 1 (2). (6) Subsection (4) shall not be relied on by the owner or operating authority of a municipal residential subsystem for more than 150 days in any 12-month period.  O. Reg. 128/04, s. 23 (6). (7) The Director may direct that subsection (6) not apply to a municipal residential subsystem for a time period specified by the Director, if the Director is satisfied that the owner or operating authority of the subsystem cannot reasonably comply with subsection (1) and the direction will not result in a drinking water hazard or a significant risk to the natural environment.  O. Reg. 128/04, s. 23 (7).
Operator-in-charge
 25. (1) The owner or operating authority of a subsystem or a person authorized by the owner or operating authority shall designate one or more operators as operators-in-charge of the subsystem.  O. Reg. 128/04, s. 25 (1). (2) The owner or operating authority or a person authorized by the owner or operating authority shall ensure that records are maintained of the amount of time each operator works as an operator-in-charge.  O. Reg. 128/04, s. 25 (2). (3) The owner or operating authority may designate a licensed engineering practitioner who does not have an operator’s certificate as an operator-in-charge.  O. Reg. 128/04, s. 25 (3); O. Reg. 415/09, s. 2 (1). (4) An owner or operating authority shall not use the power to designate a licensed engineering practitioner or a series of licensed engineering practitioners as an operator-in-charge under subsection (3) for more than 180 days in total in any 24-month period.  O. Reg. 128/04, s. 25 (4); O. Reg. 415/09, s. 2 (2). (5) A person who holds an operator-in-training’s certificate shall not be designated as an operator-in-charge.  O. Reg. 128/04, s. 25 (5).
Duties of operator-in-charge
 26. (1) An operator-in-charge is authorized to, (a)  set operational parameters for the subsystem or for a process that controls the effectiveness or efficiency of the subsystem; and (b)  direct or instruct other operators in the subsystem to set such operational parameters.  O. Reg. 128/04, s. 26 (1). (2) An operator-in-charge shall, (a)  take all steps reasonably necessary to operate the processes within his or her responsibility in a safe and efficient manner in accordance with the relevant operations manuals; (b)  ensure that the processes within his or her responsibility are measured, monitored, sampled and tested in a manner that permits them to be adjusted when necessary; (c)  ensure that records are maintained of all adjustments made to the processes within his or her responsibility; and (d)  ensure that all equipment used in the processes within his or her responsibility is properly monitored, inspected, tested and evaluated and that records of equipment operating status are prepared and available at the end of every operating shift.  O. Reg. 128/04, s. 26 (2).
Record-keeping re operation of subsystem
 27. (1) The owner or operating authority of a subsystem shall ensure that logs or other record-keeping mechanisms are provided to record information concerning the operation of the subsystem.  O. Reg. 128/04, s. 27 (1). (2) Entries in the logs or other record-keeping mechanisms shall be made chronologically.  O. Reg. 128/04, s. 27 (2). (3) No person shall make an entry in a log or other record-keeping mechanism unless the person is an overall responsible operator, an operator-in-charge or is authorized to make an entry by the owner, the operating authority, the overall responsible operator or an operator-in-charge.  O. Reg. 128/04, s. 27 (3). (4) A person who makes an entry in a log or other record-keeping mechanism shall do so in a manner that permits the person to be unambiguously identified as the maker of the entry.  O. Reg. 128/04, s. 27 (4). (5) An operator-in-charge or a person authorized by an operator-in-charge shall record the following information in the logs or other record-keeping mechanisms in respect of each operating shift: 1.  The date, the time of day the shift began and ended and the number or designation of the shift. 2.  The names of all operators on duty during the shift. 3.  Any departures from normal operating procedures that occurred during the shift and the time they occurred. 4.  Any special instructions that were given during the shift to depart from normal operating procedures and the person who gave the instructions. 5.  Any unusual or abnormal conditions that were observed in the subsystem during the shift, any action that was taken and any conclusions drawn from the observations. 6.  Any equipment that was taken out of service or ceased to operate during the shift and any action taken to maintain or repair equipment during the shift.  O. Reg. 128/04, s. 27 (5). (6) The owner or operating authority shall ensure that logs and other record-keeping mechanisms are accessible at the subsystem, (a)  for at least five years after the last entry in it was made, in the case of a log or record-keeping mechanism that is kept in a book or document form or kept on a similarly fixed basis; or (b)  for at least five years after each entry in it was made, in the case of a log or record-keeping mechanism that is kept on a loose-leaf or electronic basis or kept on a similarly continuous basis.  O. Reg. 128/04, s. 27 (6). (7) The owner or operating authority shall submit to the Director copies or summaries of the records kept under this section when requested to do so by the Director.  O. Reg. 128/04, s. 27 (7).
Operations and maintenance manuals
 28. The owner or operating authority of a subsystem shall ensure that operators and maintenance personnel in the subsystem have ready access to the comprehensive operations and maintenance manuals that contain plans, drawings and process descriptions sufficient for the safe and efficient operation of the subsystem.  O. Reg. 128/04, s. 28. Operator and Water Quality Analyst Training
Operator and Water Quality Analyst Training
nan
Emergency Situations
nan
Emergency situations, testing
 34. (1) A person described in paragraph 1 or 2 of subsection 33 (1) may conduct or supervise a test required by Schedule 7 or 8 to Ontario Regulation 170/03 (Drinking Water Systems) made under the Act, including a test required by section 7-2 or 7-3 of Schedule 7 to that Regulation. O. Reg. 819/21, s. 4. (2) A person described in paragraph 3, 4 or 5 of subsection 33 (1) may conduct a test required by Schedule 7 or 8 to Ontario Regulation 170/03 (Drinking Water Systems) made under the Act, including a test required by section 7-2 or 7-3 of Schedule 7 to that Regulation, if the person, (a)  has been trained by a certified operator to conduct the test; (b)  works under the supervision of a certified operator or a person described in paragraph 1 or 2 of subsection 33 (1); and (c)  immediately advises a certified operator or a person described in paragraph 1 or 2 of subsection 33 (1) of all test results. O. Reg. 819/21, s. 4. (3) Despite paragraph 5 of subsection 33 (1), a laboratory technician with one year of drinking water testing experience may conduct tests described in subsection (2). O. Reg. 819/21, s. 4.
Municipal residential subsystem classification
nan
Distribution and supply subsystems (points system)
nan
Distribution subsystems (points system)
nan
Water treatment subsystems (points system)
nan
Qualifications for operators’ certificates
nan
Qualifications for water quality analysts’ certificates
nan
Qualifications for renewal of certificates
nan