Labour laws still apply
 35. For greater certainty, nothing in section 32, 33, 34 or any other provision of this Regulation relieves any person from any obligation to comply with any applicable labour laws or collective agreements, and no action may be taken under those sections solely as the result of the exercise of a right under such a law or agreement. O. Reg. 819/21, s. 4. Schedule 1   Municipal residential SubSystem CLASSIFICATION 1. A distribution and supply subsystem is classified in accordance with Table 1 of this Schedule, based on the number of points applicable to the subsystem under the point structure described in Schedule 1.1. 2. A distribution subsystem is classified in accordance with Table 1 of this Schedule, based on the number of points applicable to the subsystem under the point structure described in Schedule 1.2. 3. A water treatment subsystem, including a package treatment subsystem, is classified in accordance with Table 1 of this Schedule, based on the number of points applicable to the subsystem under the point structure described in Schedule 1.3. 4. (1) For the purpose of section 3 of this Schedule, the number of points applicable to a package treatment subsystem under the point structure described in Schedule 1.3 may be reduced by the Director if he or she is satisfied that the operational needs of the package treatment subsystem are less than the operational needs of other water treatment subsystems. (2) In subsection (1), “package water treatment subsystem” means a water treatment subsystem where the treatment processes of the subsystem meet the following criteria: 1.  The subsystem has been manufactured as a complete unit. 2.  The subsystem has been preassembled and delivered in not more than four modules to the site where it is used. 3.  The subsystem has a design flow of 1,300 cubic metres per day or less. TABLE 1   CLASSES OF municipal residential subsystems  Class   Number of Points 

  Class I   30 or less 

  Class II   31 to 55 

  Class III   56 to 75 

  Class IV   76 or more  TableS 2-4 Revoked: O. Reg. 461/16, s. 13 (5). O. Reg. 128/04, Sched. 1; O. Reg. 461/16, s. 13. SCHEDULE 1.1   distribution and supply subsystems (Points System) 1. The number of points applicable to a distribution and supply subsystem is determined by applying the following rules and the Tables set out in this Schedule: 1.  The number of points applicable to a distribution and supply subsystem based on its size is the greatest of the following, to a maximum of 10 points: i.  1 point for every 4,500 cubic metres of average daily design flow. ii.  1 point for every 4,500 cubic metres of average daily flow in peak month. iii.  1 point for every 100 kilometres of water main. 2.  The number of points applicable to a distribution and supply subsystem based on the size of its piping is the following: i.  1 point applies for every 10 per cent of the subsystem’s piping that is less than 600 millimetres in diameter, to a maximum of 5 points. ii.  1 point applies for every 10 per cent of the subsystem’s piping that is 600 millimetres or more in diameter. 3.  The number of points applicable to a distribution and supply subsystem with respect to bacteriological and biological laboratory control by subsystem personnel, as determined by applying Table 4 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem. 4.  The number of points applicable to a distribution and supply subsystem with respect to chemical and physical laboratory control by subsystem personnel, as determined by applying Table 5 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem. Table 1   Points based on Water treatment Item   Column 1   Water treatment   Column 2   Number of points 

  1.   Subsystem treats water   5 

  2.   Subsystem treats water through chlorination or a comparable process   5 

  3.   Subsystem treats water through pH adjustment   4 

  4.   Subsystem treats water through stability or corrosion control by chemical addition   4  Table 2   Points based on operating systems Item   Column 1   Operating systems   Column 2   Number of points 

  1.   Pressures in subsystem are less than 150 psi   2 

  2.   Pressures in subsystem are 150 psi or more   3 

  3.   Subsystem has single pressure zone   2 

  4.   Subsystem has multiple pressure zones with no pressure control   5 

  5.   Subsystem has multiple pressure zones with pressure control   10 

  6.   Subsystem has single speed, manually operated pumps   10 

  7.   Subsystem has single speed, automatically operated pumps   3 

  8.   Subsystem has variable speed pumps   4 

  9.   Subsystem has more than one variable speed pump to one pressure zone   2 

  10.   Subsystem has surge tanks   2 

  11.   Subsystem has above ground water storage   5 

  12.   Subsystem has in ground water storage   6 

  13.   Subsystem has pressure reducing valves   3 

  14.   Subsystem has pressure relief valves   3 

  15.   Subsystem has pneumatic control valves   3 

  16.   Subsystem has motorized valves   3 

  17.   Subsystem has elevation valves   3  Table 3   Points based on subsystem specifications Item   Column 1   Subsystem specifications   Column 2   Number of points 

  1.   Water main materials include cement and iron, ductile iron, polyvinyl chloride, asbestos cement or polyethylene   2 

  2.   Water main materials include concrete pressure pipe   3 

  3.   Water main materials include steel   3 

  4.   Water main materials include other materials   3 

  5.   Non-residential meters on subsystem include flow meters with register only   2 

  6.   Non-residential meters on subsystem include flow and pressure meters with register and chart   2 

  7.   Non-residential meters on subsystem include flow and pressure meters in a supervisory control and data acquisition (SCADA) system   3 

  8.   Subsystem instrumentation has manual controls   3 

  9.   Subsystem instrumentation has semi-automatic controls   2 

  10.   Subsystem instrumentation has fully automatic controls   2 

  11.   Subsystem instrumentation has supervisory control and data acquisition (SCADA) system   3  Table 4   Points based on Bacteriological and biological laboratory control by subsystem personnel Item   Column 1   Bacteriological and biological laboratory control by subsystem personnel   Column 2   Number of points 

  1.   Subsystem personnel perform bacteriological tests for non-regulatory purposes   4 

  2.   Subsystem personnel do biological identification   7 

  3.   Lab work is performed by an accredited laboratory   0  Table 5   Points based on chemical and physical laboratory control by subsystem personnel Item   Column 1   Chemical and physical laboratory control by subsystem personnel   Column 2   Number of points 

  1.   Subsystem personnel use colorimetric methods to do simple determinations such as pH or chlorine residual   3 

  2.   Subsystem personnel do alkalinity or hardness determinations, titrations, jar tests, or similar tests   5 

  3.   Subsystem personnel do determinations for operational parameters (e.g. aluminium) or perform advanced chemical testing beyond regulatory requirements   7 

  4.   Subsystem personnel perform procedures using very sophisticated instrumentation, such as atomic absorption or gas chromatography   10 O. Reg. 461/16, s. 14. Schedule 1.2   DISTRIBUTION SUBSYSTEMS (POINTS SYSTEM) 1. The number of points applicable to a distribution subsystem is determined by applying the following rules and the Tables set out in this Schedule: 1.  The number of points applicable to a distribution subsystem based on its size is the greatest of the following, to a maximum of 10 points: i.  1 point for every 4,500 cubic metres of average daily design flow. ii.  1 point for every 4,500 cubic metres of average daily flow in peak month. iii.  1 point for every 100 kilometres of water main. 2.  The number of points applicable to a distribution subsystem based on the size of its piping is the following: i.  1 point applies for every 10 per cent of the subsystem’s piping that is less than 600 millimetres in diameter, to a maximum of 5 points. ii.  1 point applies for every 10 per cent of the subsystem’s piping that is 600 millimetres or more in diameter. 3.  The number of points applicable to a distribution subsystem with respect to bacteriological and biological laboratory control by subsystem personnel, as determined by applying Table 4 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem. 4.  The number of points applicable to a distribution subsystem with respect to chemical and physical laboratory control by subsystem personnel, as determined by applying Table 5 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem. Table 1   Points based on chemical addition Item   Column 1   Chemical addition   Column 2   Number of points 

  1.   Re-chlorination within distribution system   5 

  2.   pH adjustment by chemical addition   4 

  3.   Stability or corrosion control by chemical addition   4  Table 2   Points based on operating systems Item   Column 1   Operating systems   Column 2   Number of points 

  1.   Pressures in subsystem are less than 150 psi   2 

  2.   Pressures in subsystem are 150 psi or more   3 

  3.   Subsystem has single pressure zone   2 

  4.   Subsystem has multiple pressure zones with no pressure control   5 

  5.   Subsystem has multiple pressure zones with pressure control   10 

  6.   Subsystem has single speed, manually operated pumps   10 

  7.   Subsystem has single speed, automatically operated pumps   3 

  8.   Subsystem has variable speed pumps   4 

  9.   Subsystem has more than one variable speed pump to one pressure zone   2 

  10.   Subsystem has surge tanks   2 

  11.   Subsystem has above ground water storage   5 

  12.   Subsystem has in ground water storage   6 

  13.   Subsystem has pressure reducing valves   3 

  14.   Subsystem has pressure relief valves   3 

  15.   Subsystem has pneumatic control valves   3 

  16.   Subsystem has motorized valves   3 

  17.   Subsystem has elevation valves   3  Table 3   Points based on subsystem specifications Item   Column 1   Subsystem specifications   Column 2   Number of points 

  1.   Water main materials include cement and iron, ductile iron, polyvinyl chloride, asbestos cement or polyethylene   2 

  2.   Water main materials include concrete pressure pipe   3 

  3.   Water main materials include steel   3 

  4.   Water main materials include other materials   3 

  5.   Non-residential meters on subsystem include flow meters with register only   2 

  6.   Non-residential meters on subsystem include flow and pressure meters with register and chart   2 

  7.   Non-residential meters on subsystem include flow and pressure meters in a supervisory control and data acquisition (SCADA) system   3 

  8.   Subsystem instrumentation has manual controls   3 

  9.   Subsystem instrumentation has semi-automatic controls   2 

  10.   Subsystem instrumentation has fully automatic controls   2 

  11.   Subsystem instrumentation has supervisory control and data acquisition (SCADA) system   3  Table 4   Points based on Bacteriological and biological laboratory control by subsystem personnel Item   Column 1   Bacteriological and biological laboratory control by subsystem personnel   Column 2   Number of points 

  1.   Subsystem personnel perform bacteriological tests for non-regulatory purposes    4 

  2.   Subsystem personnel do biological identification   7 

  3.   Lab work is performed by an accredited laboratory   0  Table 5   Points based on chemical and physical laboratory control by subsystem personnel Item   Column 1   Chemical and physical laboratory control by subsystem personnel   Column 2   Number of points 

  1.   Subsystem personnel use colorimetric methods to do simple determinations such as pH or chlorine residual   3 

  2.   Subsystem personnel do alkalinity or hardness determinations, titrations, jar tests, or similar tests   5 

  3.   Subsystem personnel do determinations for operational parameters (e.g. aluminium) or perform advanced chemical testing beyond regulatory requirements   7 

  4.   Subsystem personnel perform procedures using very sophisticated instrumentation, such as atomic absorption or gas chromatography   10 O. Reg. 461/16, s. 14. SCHEDULE 1.3   Water TREATMENT SUBSYSTEMS (POINTS SYSTEM) 1. The number of points applicable to a water treatment subsystem is determined by applying the following rules and the Tables set out in this Schedule: 1.  The number of points applicable to a water treatment subsystem based on the population it serves is 1 point for every 10,000 people, to a maximum of 10 points. 2.  For every 4,500 cubic metres of flow at a water treatment subsystem, the number of points applicable to the subsystem is 1 point, up to a maximum of 10 points.  The flow at the subsystem is the greater of the following: i.  The average daily design flow. ii.  The average daily flow in peak month. 3.  The number of points applicable to a water treatment subsystem based on its water supply source is the following: i.  3 points apply if the source is groundwater. ii.  5 points apply if the source is surface water. 4.  The number of points applicable to a water treatment subsystem with respect to bacteriological and biological laboratory control by subsystem personnel, as determined by applying Table 4 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem. 5.  The number of points applicable to a water treatment subsystem with respect to chemical and physical laboratory control by subsystem personnel, as determined by applying Table 5 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem. Table 1   Points based on raw water quality Item   Column 1   Raw water quality   Column 2   Number of points 

  1.   Low variation in raw water quality and raw water quality is not subject to serious industrial waste pollution   0 

  2.   Moderate variation in raw water quality and raw water quality is not subject to serious industrial waste pollution   2 

  3.   High variation in raw water quality and raw water quality is not subject to serious industrial waste pollution   5 

  4.   Raw water quality is subject to serious industrial waste pollution   10  Table 2   Points based on processes Item   Column 1   Process used   Column 2   Number of points 

  1.   Subsystem uses aeration, other than packed tower aeration   2 

  2.   Subsystem uses packed tower aeration   6 

  3.   Subsystem uses pH adjustment   4 

  4.   Subsystem uses stability or corrosion control   4 

  5.   Subsystem uses taste and odour control   8 

  6.   Subsystem uses colour control   4 

  7.   Subsystem uses iron or manganese removal   10 

  8.   Subsystem uses ion exchange softening   10 

  9.   Subsystem uses chemical precipitation softening   20 

  10.   Subsystem uses coagulant addition   4 

  11.   Subsystem uses flocculation   6 

  12.   Subsystem uses sedimentation   5 

  13.   Subsystem uses up flow clarification   14 

  14.   Subsystem uses filtration   10 

  15.   Subsystem uses fluoridation   5 

  16.   Subsystem uses disinfection   5 

  17.   Subsystem uses chlorine dioxide, chloramines or ozonation for disinfection   5 

  18.   Subsystem uses other special processes   15 

  19.   Subsystem has internal treatment of plant sludge   6  Table 3   Points based on sludge/backwash water disposal Item   Column 1   Sludge/backwash water disposal   Column 2   Number of points 

  1.   No disposal to raw water sources   0 

  2.   Any disposal to raw water source   2 

  3.   Any disposal to subsystem raw water   5  Table 4   Points based on Bacteriological and biological laboratory control by subsystem personnel Item   Column 1   Bacteriological and biological laboratory control by subsystem personnel   Column 2   Number of points 

  1.   Subsystem personnel perform bacteriological tests for non-regulatory purposes    4 

  2.   Subsystem personnel do biological identification   7 

  3.   Lab work is performed by an accredited laboratory    0  Table 5   Points based on chemical and physical laboratory control by subsystem personnel Item   Column 1   Chemical and physical laboratory control by subsystem personnel   Column 2   Number of points 

  1.   Subsystem personnel use colorimetric methods to do simple determinations such as pH or chlorine residual   3 

  2.   Subsystem personnel do alkalinity or hardness determinations, titrations, jar tests, or similar tests   5 

  3.   Subsystem personnel do determinations for operational parameters (e.g. aluminium) or perform advanced chemical testing beyond regulatory requirements   7 

  4.   Subsystem personnel perform procedures using very sophisticated instrumentation, such as atomic absorption or gas chromatography   10 O. Reg. 461/16, s. 14. Schedule 2   QUALIFICATIONS FOR OPERATORS’ CERTIFICATES Operators-in-Training 1. (1) The qualifications for an operator-in-training’s certificate for a type of municipal residential subsystem are: 1.  The person must have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent. 2.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators-in-training. 3.  Revoked: O. Reg. 461/16, s. 15 (1). (2) Revoked: O. Reg. 461/16, s. 15 (2). Limited Groundwater Subsystem Operators 2. The qualifications for a limited groundwater subsystem operator’s certificate are: 1.  The person must have successfully completed Grade 12 in Ontario or have education qualifications or training that the Director considers equivalent. 2.  The person must have completed a course of study approved by the Director and must have obtained a mark that the Director considers satisfactory in the course. 3.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators in a limited groundwater subsystem. Limited Surface Water Subsystem Operators 3. The qualifications for a limited surface water subsystem operator’s certificate are: 1.  The person must have successfully completed Grade 12 in Ontario or have education qualifications or training that the Director considers equivalent. 2.  The person must have completed a course of study approved by the Director and must have obtained a mark that the Director considers satisfactory in the course. 3.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators in a limited surface water subsystem. Class I Operators 4. The qualifications for a Class I operator’s certificate for a type of municipal residential subsystem are: 1.  The person must have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent. 2.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class I certificates for a municipal residential subsystem. 3.  The person must have completed the course of study approved by the Director and must have obtained a mark that the Director considers satisfactory in the course. 4.  The person must have at least one year of experience as an operator-in-training in that type of municipal residential subsystem after being certified as an operator-in-training. 5.  The person must have experience that the Director considers equivalent to the experience set out in paragraph 4 instead of those qualifications. Class II Operators 5. The qualifications for a Class II operator’s certificate for a type of municipal residential subsystem are: 1.  The person must have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent. 2.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class II certificates for that type of subsystem. 3.  The person must have a Class I operator’s certificate for that type of municipal residential subsystem. 4.  The person must have at least three years of experience as an operator in that type of subsystem. 5.  The person must have experience that the Director considers equivalent to the qualifications set out in paragraph 4 instead of those qualifications. Class III Operators 6. (1) The qualifications for a Class III operator’s certificate for a type of municipal residential subsystem are: 1.  The person must, i.  have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent, and ii.  have successfully completed at least two years of additional education or training that, in the opinion of the Director, is relevant to the functions performed by operators of municipal residential subsystems. 2.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class III certificates for that type of subsystem. 3.  The person must have a Class II operator’s certificate for that type of municipal residential subsystem. 4.  The person must have at least four years of experience as an operator in that type of subsystem, including at least two years as an operator-in-charge in that type of Class II, Class III or Class IV subsystem. 5.  The person must have experience that the Director considers equivalent to the qualifications set out in paragraph 4 instead of those qualifications. (2) For the purpose of meeting the education or training qualifications in subparagraph 1 ii of subsection (1), an applicant for a certificate may substitute up to one year of experience as an operator-in-charge in a Class II, Class III or Class IV subsystem for the equivalent length of education, but experience as an operator-in-charge used for this purpose shall not be used to meet the experience qualification in paragraph 4 of subsection (1). Class IV Operators 7. (1) The qualifications for a Class IV operator’s certificate for a type of municipal residential subsystem are: 1.  The person must, i.  have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent, and ii.  have successfully completed at least four years of additional education or training that, in the opinion of the Director, is relevant to the functions performed by operators of that type of subsystem. 2.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class IV certificates for that type of subsystem. 3.  The person must have a Class III operator’s certificate for that type of municipal residential subsystem. 4.  The person must have at least four years of experience as an operator in that type of subsystem, including at least two years as an operator-in-charge in that type of Class III or Class IV subsystem. 5.  The person must have experience that the Director considers equivalent to the qualifications set out in paragraph 4 instead of those qualifications. (2) For the purpose of meeting the education or training qualifications in subparagraph 1 ii of subsection (1), an applicant for a certificate may substitute up to two years of experience as an operator-in-charge in that type of Class III or Class IV subsystem for the equivalent length of education, but experience as an operator-in-charge used for this purpose shall not be used to meet the experience qualification in paragraph 4 of subsection (1). Supplemental Rules — Education and Training 8. For the purpose of determining whether a person meets the education and training qualifications established by this Schedule, the length of education or training obtained through continuing education shall be determined on the basis that 450 hours of participation in continuing education is equivalent to one year of education or training. Supplemental Rules — Experience 9. (1) The following rules apply for the purpose of determining whether a person meets the experience qualifications established by this Schedule for a Class II, Class III or Class IV certificate: 1.  An applicant for a certificate may substitute education or training that meets the requirements of the education and training qualifications established by this Schedule, other than elementary or secondary education, for up to half of the experience as an operator required by this Schedule, but education or training used for this purpose shall not be used to meet the education and training qualifications established by this Schedule. 2.  The Director may permit an applicant for a certificate to substitute experience as an operator in a different type of system or experience in a system other than as an operator or other relevant qualifications for the experience required by this Schedule, if the Director is of the opinion that the experience or qualifications are relevant to the certificate being applied for. (2) Experience as an operator-in-training shall not be considered for the purpose of determining whether a person meets the qualification of at least two years of experience as an operator-in-charge established by this Schedule for a Class III or Class IV certificate. (3) Experience obtained while a person is not certified for the work he or she is doing shall not be considered in determining whether the person meets any experience qualifications established by this Schedule for any class of certificate. Supplemental Rules — Examinations 10. Where this Schedule provides that obtaining a mark that the Director considers satisfactory in an examination approved by the Director is a qualification for a class of certificate, the Director may approve different examinations for different categories of applicants for that class of certificate. O. Reg. 128/04, Sched. 2; O. Reg. 461/16, s. 15. Schedule 3   QUALIFICATIONS FOR WATER QUALITY ANALYSTS’ CERTIFICATES 1. The qualifications for a water quality analyst’s certificate are: 1.  The person must have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent. 2.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to water analysis in drinking water systems. 3.  The person must have at least one year of experience working in a drinking water system performing tests on water or working in a facility that in the Director’s opinion is related to the experience of working in a drinking water system, or 4.  The person must have completed the training approved by the Director related to the testing of water. 5.  The person must have experience that the Director considers equivalent to the qualifications set out in paragraph 3 instead of those qualifications. O. Reg. 128/04, Sched. 3. Schedule 4   QUALIFICATIONS FOR renewal of CERTIFICATES 1. Revoked: O. Reg. 461/16, s. 16. Renewal of Operator’s Certificates, General 2. For an operator’s certificate to be renewed, since the issue of the certificate or since it was last renewed, whichever is applicable, the applicant for the renewal of the operator’s certificate, (a)  must have completed the training requirements set out in section 29 of the regulation; and (b)  must have at least three months experience in the previous 36 months of working as an operator in a subsystem or of having duties that the Director considers related to those of an operator of a subsystem. Renewal of a Conditional Operator’s Certificate 3. For a conditional operator’s certificate to be renewed, since the issue of the conditional certificate or since it was last renewed, whichever is applicable, the applicant for the renewal of the certificate, (a)  must have completed the training requirements set out in section 29 of the regulation; (b)  must have at least three months experience in the previous 36 months of working as an operator in a subsystem or of having duties that the Director considers related to those of an operator of a subsystem; and (c)  must have met the conditions set out in the conditional certificate. Renewal of a Water Quality Analyst’s Certificate 4. For a water quality analyst’s certificate to be renewed, since the issuance of the certificate or since it was last renewed, whichever is applicable, the applicant for the renewal of the certificate, (a)  must have completed the training requirements set out in section 31 of the regulation; and (b)  must have at least three months experience in the previous 36 months of working as a water quality analyst in a subsystem or of having duties that the Director considers related to those of a water quality analyst in a subsystem. Renewal of a Conditional Water Quality Analyst’s Certificate 5. For a conditional water quality analyst’s certificate to be renewed, since the issue of the conditional certificate or since it was last renewed, whichever is applicable, the applicant for the renewal of the certificate, (a)  must have completed the training requirements set out in section 31 of the regulation; (b)  must have at least three months experience in the previous 36 months of working as a water quality analyst in a subsystem or of having duties that the Director considers related to those of a water quality analyst in a subsystem; and (c)  must have met the conditions set out in the conditional certificate. O. Reg. 128/04, Sched. 4; O. Reg. 461/16, s. 16.  Français